The Court System & Civil Trials and Procedures

Question 1

• Parties are responsible for proof of their claims
• Parties determine which witnesses to call and when to object to opposing evidence
• Key role of attorneys

Answer 1

Active Roles of Parties

Question 2

Case, controversy, or lawsuit

Answer 2

Litigation

Question 3

Power of a court to adjudicate cases and issue orders

Answer 3

Jurisdiction

Question 4

Territory within which a court or government agency may properly exercise its power

Answer 4

Jurisdiction

Question 5

1. Pleadings
2. Pretrial discovery
3. Trial
4. Post-trial activities
5. Appeals

Answer 5

Conduct of Civil Trials

Question 6

Neutral third party ___ works with both sides to facilitate a resolution

Answer 6

Mediator

Question 7

Hears dispute and reaches a solution

Answer 7

Arbitrator

Question 8

• Parities attempt to settle dispute
• With or without attorneys
• Usually before trials, but sometimes during or after

Answer 8

Negotiation

Question 9

1. Flexible - Parties can often select the form, procedures, and whether decision if binding or non-binding
2. Popular - more than 90% of cases settled through some form of ADR (in some jurisdictions/type of cases, 98.5%)

Answer 9

ARD: Alternative to Lititgation

Question 10

ADR

Answer 10

Alternative to Litation

Question 11

1. Negotiation
2. Mediation
3. Arbitration

Answer 11

Popular type of Alternative to Litigation

Question 12

• Functions
  1. Determines credibility of evidence
  2. Determines disputed facts
• Possible problems
  1. Methods of selection
  2. Finding an impartial jury
• Voir dire process
  1. “Peremptory challenge” permits a party to remove a prospective juror without giving a reason for the removal

Answer 12

The Jury

Question 13

• Federal Judges
  1. Appointed by the President/Senate
• State Judges
  1. Elected or Appointed
• Functions
  1. Determines reliability and admissibility of evidence
  2. Decides of legal issues cased of existing laws
  3. Instructs jury as to the law to apply
  4. When no jury, assesses evidence to determine facts(judge acts as factfinder)

Answer 13

Trial Judge

Question 14

• Plaintiff files complaint with court
• Complaint & Summons
  1. Services of Process
  2. Default Judgment if no answer
• Defendant’s Answer
  1. Response by motion
  2. Affirmative defense
  3. Counterclaim
• Plaintiff may file a reply document

Answer 14

Pleading Stage

Question 15

Most are based on Federal Rules

Answer 15

States have rules of evidence

Question 16

Generally to the location where a case may be heard

Answer 16

Venue

Question 17

Federal diversity cases, matters characterized as substantive would be governed by state law, and those characterized as procedural would be governed by federal law

Answer 17

The Erie Doctrine

Question 18

Provides guidelines for use and evaluation of evidence in federal courts

Answer 18

Rule of Evidence

Question 19

• Presumptions and burden of proof
• Relevance and admissibility of evidence
• Competency of witnesses
• Privileges

Answer 19

Rules of Evidence regulate

Question 20

• Trial court record
• Oral arguments
• Written briefs of the parties
• Appellate court research

Answer 20

Appellate Court Judges base decisions on