Procedures at Trial Flashcards
1
Q
- A document written by the plaintiff’s lawyer that lays out the facts according to the plaintiff
- Formally filed with court and copy is served to defendant
A
Complaint
2
Q
- Motion filed by defendant if they don’t believe the plaintiff’s complaint states facts that don’t show a good legal claim
- Asks to have case dismissed for failure to state a claim where relief can be granted
- Judge determines whether this is true and decideds if case should be dismissed
A
Motion to Dismiss or Demurrer
3
Q
- Document filed by the defendant, taking a position/arguing against the plaintiff’s claims
- Will usually dispute the plaintiff’s claims
A
Answer
4
Q
- Parties gather information about underlying claims
- Limited to gathering information from the parties
- Can also gather information from others who know about event
A
Discovery
5
Q
- Assumes all facts stated in complaint are true but argues that complaint fails to show a good legal claim
- If it is shown that (1) there’s no dispute about the important facts and (2) based on the undisputed facts, the law compels judge to rule on behalf of the defendant, the motion is granted
A
Motion for Summary Judgment
6
Q
Parties file briefs or motions to have judge exclude certain evidence and decide whether certain legal rules will apply
A
Pretrial Briefs and Motions in Limine
7
Q
- Potential jurors questioned by judge and sometimes even lawyers in order to determine if they can be on the jury
- Looking for any potential biases on the issues at hand or about one of the parties
A
Selection of Jury
8
Q
- Lawyer states client’s case, giving preliminary view of the testimony
- Not an argument
- Plaintiff’s lawyer, then the defendant’s lawyer
A
Opening Statements
9
Q
- Portion where plaintiff presents case
- Brings forward witnesses to be questioned by both lawyers
A
Plaintiff’s Case
10
Q
- Asserts that the proof brought forward by plaintiff is legally insufficient for jury to vote in plaintiff’s favor
- Happens after plaintiff’s case and again after defendant’s case
- Judge decides if motion should be sustained after considering evidence most favorable to plaintiff
A
Motion for Directed Verdict
11
Q
Portion where defendant presents case and brings forward own witnesses
A
Defendant’s Case
12
Q
- During trial, parties have opportunity to object to evidence presented by other side
- Evidence deemed not relevant to proving any element of the case should be excluded by judge (especially in situations where evidence is likely to mislead jury or is prejudicial)
- Rulings to allow evidence to be admitted based on specific principle of law
A
Objections to Evidence and Offers of Evidence
13
Q
- Lawyers present final arguments–not restating of facts–that are aimed at persuading jury that their side should be believed
- Based around testimonies given
- Plaintiff’s lawyer, then defendant’s lawyer, and then plaintiff’s lawyer can give a rebuttal
A
Closing Arguments
14
Q
- Instructions given to the jury by the judge
- Tell jury what they have to consider and what facts must be found in order for one side to win
- Instructions must state law accurately to jury
- Lawyer expected to actively object to instructions they feel are incorrect statements of law and propose instructions of their own
- Judge listens to objects and proposed instructions and determines what to tell jury
A
Proposed Jury Instructions and Objections to Them
15
Q
Jury considers whether evidence meets legal rules that judge tells them and reaches verdict on the plaintiff’s claim and must decide on appropriate remedy
A
Jury Verdict
