Term
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Definition
Expert Witnesses
Lay Witnesses
Eyewitnesses
Friendly Witnesses
Hostile Witnesses |
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Term
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Definition
| Evidence directly establishing the existence of a fact. |
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Term
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Definition
| Indirect evidence offered to establish, by inference, the likelihood of a fact that is in question. |
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Term
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Definition
| Evidence tending to prove or disprove the fact in question. Only relevant evidence is admissible in court. |
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Term
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Definition
| The process of establishing the genuineness of an item that is to be introduced as evidence in a trial. |
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Term
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Definition
Testimony that is given in court by a witness who relates not what he knows personally but what another person said.
generally nor admissible as evidence |
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Term
| Exceptions to Hearsay Rule |
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Definition
Present Sense Impression
Excited Utterance
State of Mind
Recorded Recollection
Former Testimony
Business Records
Dying Declarations
Statement against Interest |
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Term
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Definition
| Formal investigation prior to trial. During discovery, opposing parties use various methods, such as interrogatories from each other and from witnesses to prepare for trial. |
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Term
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Definition
| A series of written questions for which written answers are prepared and thensigned under oath by a party to a lawsuit (the plaintiff or the defendant) |
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Term
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Definition
| A pretrial question-and-answer proceeding, usually conducted orally, in which a aprty or witness answers an attorney's questions. The answers are given under oath, and the session is recorded. |
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Term
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Definition
| A party or witness who testifies under oath during a deposition. |
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Term
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Definition
| A document commanding a person to appear at a certain time and place to give testimony concerning a certain matter. |
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Term
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Definition
| The official transcription of the recording taken during a deposition. |
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Term
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Definition
| To call into question the credibility of a witness by challenging the truth or accuracy of his trial statement. |
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Term
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Definition
Request for Production
Request for Physical Examination
Request for Admission |
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Term
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Definition
| The list of cases entered on the court's calendar and this scheduled to be heard by the court. |
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Term
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Definition
| The geographical district in which an action is tried and from which the jury is selected. |
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Term
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Definition
A sufficient stake in the controversy to justify bringing a lawsuit.
Plaintiff must demonstrate that he has been injured or threatened with injury. |
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Term
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Definition
| the court's final decision regarding the rights and claims of the parties to a lawsuit. |
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Term
| Federal Rules of Civil Procedure |
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Definition
| The rules controlling all procedural matters in civil trials brought before the federal district court. |
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Term
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Definition
- plaintiff files complaint
- defendant notified
- defendant files answer or motion to dismiss
- motion for judgment on the pleadings
- discovery
- motion for summary judgment
- further discovery
- pretrial conference
- jury selection
- trial
- posttrial motions
- appeal
- steps to enforce and collect judgment
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Term
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Definition
| The delivery of the summons and the complaint to the defendant. |
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Term
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Definition
| A document served on a defendant in a lawsuit informing the defendant that a legal action has been commenced against him and that the defendant must appear in court or respond to the plaintiff's complaint within a specified period of time. |
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Term
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Definition
| A document signed by a process server and submitted to the court to prove that a defendant received a summons. |
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Term
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Definition
| A judgment entered by a clerk or court against a party who has failed to appear in court to answer or defend against a claim that has been brought against him by another party. |
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Term
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Definition
| requires disclosure of information prior to discovery and prediscovery meeting to to discuss nature of lawsuit, defenses, and possibility of settlement |
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Term
FRCP 26(a)(1)
Initial Disclosures |
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Definition
- name, address, and phone number of any person likely to have discoverable info
- a copy or description of all documents and data that are relevant to dispute
- computation of damages
- copies of insurance policies that cover cover injuries alleged in the lawsuit and that may pay all or part of the damages
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Term
FRCP 37(c)
Failure to Disclose |
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Definition
| If fail to make initial disclosures, then cannot use that evidence at trial; also may incur sanctions |
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Term
FRCP 26(a)(2)
Expert Witnesses |
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Definition
must disclose each witness
following info must be included in report:
- statement indicating opinion
- exhibits used to summarize opinion
- qualifications
- compensation
- list of any other cases testified on in the last 4 years
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Term
FRCP 26(a)(3)
Other Pretrial Disclosures |
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Definition
- list of all witnesses that will be called and that may be called
- list of any witnesses whose deposition testimony may be offered during trial and a transcript of the relevant sections of the deposition testimony
- list of exhibits that will be offered and may be offered if the need arises
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Term
Advantages of Electronic Discovery
metadata
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Definition
| Embedded electronic data recorded by a computer in association with a particular file, including location, path, creator, date created, date last accessed, hidden notes, earlier versions, passwords, and formatting. |
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Term
| Advantages of Electronic Discovery |
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Definition
- email communications
- deleted files can be retrieved
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Term
| sources of electronic evidence |
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Definition
back-up data
voicemail
electronic calendars
PDAs
laptops |
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Term
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Definition
A binder that contains copiues of all of the documents and information that an attorney will need to have at hand during the trial.
Should include:
copies of pleadings
interrogatories
deposition transcripts and summaries
pretrial motions
list of exhibits and outline of where they will be used
witness list (order and questions)
relevant cases and statutes
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Term
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Definition
| A conference prior to trial in which the judge and the attorneys litigating the suit discuss settlement possibilities, clarify the issues in dispute, and schedule forthcoming trial-related events. |
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Term
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Definition
| A motion requesting that certain evidence not be brought out at the trial, such as prejudicial, irrelevant, or legally inadmissible evidence. |
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Term
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Definition
| A proceeding in which attorneys for the plaintiff and the defendant ask prospective jurors questions to determine whether any potential juror is biased or has any connection with a party to the action or with a prospective witness. |
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Term
| challenge during voir dire |
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Definition
| An attorney's objection to the inclusion of a particular perswon on the jury. |
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Term
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Definition
| A voir dire challenfe to exclude a potential juroir from serving on the jury for a reason specified by an attorney in the case. |
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Term
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Definition
A voir dire challenge to exclude a potential juror from serving on the jury without any supporting reason or cause.
- cannot be based on racial or gender criteria
- limited number
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Term
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Definition
An attorney's statement to the jury at the beginning of a trial. The attorney briefly outlines the evidence that will be offered during the trial and the legal theory that will be pursued.
Defendant can reserve his opening statement until after the plaintiff's case has been presented.
no arguing
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Term
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Definition
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.
no leading questions, unless hostile witness |
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Term
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Definition
The questioning of an opposing witness during the trial.
reduce witness' credibility
confined to matters in direct exam
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Term
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Definition
The questioning of a witness followingthe adverse party's cross-examination.
repair credibility
Limited to matters in cross-exam |
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Term
| motion for directed verdict |
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Definition
A motion requesting that the court grant a judgment in favor of the party making the motion on the ground that the other party has not produced sufficient evidence to support his claim.
done after the plaintiff's case-in-chief |
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Term
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Definition
The argument made by each side's attorney after the cases for the plaintiff and defendant have been presented. Closing arguments are made prior to the jury charge.
argue in their client's favor
emphasize shortcomings of opposing party's case |
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Term
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Definition
| The judge's instruction to the jury, following the attorneys' closing arguments, setting forth the rules of law that the jury must apply in reahing its decision, or verdict. |
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Term
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Definition
| A formal decision made by a jury. |
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Term
| motion for judgment notwithstanding the verdict |
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Definition
| A motion requesting that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him was unreasonable. |
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Term
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Definition
| A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is needed to present a miscarriage of justice. |
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Term
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Definition
| The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision. |
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Term
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Definition
| The items submitted during the trial (pleadings, motions, briefs, and exhibits) and the transcript of the trial proceedings that are forwarded to the appellate court for the review when a case is appealed. |
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Term
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Definition
| A writ that puts in force a court's decree or judgment. |
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Term
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Definition
| A creditor who is legally entitled, by a court's judgment, to collect the amount of the judgment from a debtor. |
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