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Flashcards in General Terms Deck (11):

Failure to State a Claim

The court dismisses because they believe the plaintiff is missing an element of or the grounds for their claim.


Directed Verdict

A judgment holding that no reasonable jury could find otherwise.


Summary Judgment

Given the facts (which are not disputed), the moving party believes it's entitled to judgment as a matter of law. Essentially, the motion asserts that (1) there's no triable issue of fact and (2) the law's entirely on their side.


Trial Process

1. Jury Selection
2. Opening Statements
3. Plaintiff's Case
4. Defendant's Case
5. Motions


Voir dire

In some jurisdictions, lawyers may be required to submit questions to the judge for jury selection


Burden of Proof in Civil Cases

1. the burden of production of evidence
2. the burden of persuasion


A preponderance of the evidence exists when...

...a reasonable juror could find that a fact's existence is more likely than not.


New Trial Motion can occur when:

A) Evidence was sufficient to support the verdict, but the jury verdict is against the clear weight of the evidence
B) The admission of some evidence or misconduct by counsel was so prejudicial as to improperly influence the outcome


The Process of Appeal

1. Notice of Appeal
2. Briefs
3. Arguments
4. Opinion


Strict Liability

Responsibility is essentially based on causation without regard to fault: either personal moral culpability or violation of social norms. Actual knowledge or foresight of the risks involved is required in some strict liability claims



Recklessness is usually invoked in accident situations where the defendant exercised a conscious disregard of a high risk of serious harm. This tort requires showing a state of mind, and allows the possibility of punitive damages.