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| How is a Civil Case started? |
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Definition
| Complaint-->Summons-->Answer-->Trial |
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| Important to obtain jurisdiction of defendent |
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| obtain in personam jurisdiction |
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| Default judgement (ex parte trial) |
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| if defendent doesnt respond to summons, then plantiff wins by default |
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| Example of Procedural Defense (statute of limitations) |
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| How is a Criminal Case started? |
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Definition
| Accusation-->Pretrial Procedures (Discovery)-->motion for summary judgement-->pretrial conference-->trial? |
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| Initiated by grand jury (accusation=indictment) or district attorney |
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| Includes the use of a group of methods to learn facts about dispute |
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1)educate parties
2)promote voluntary settlementof controversy
3)Eliminate suprises |
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| Depositions, Interrogatories |
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| Questioning of a witness by opposing attorney |
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| Written questions directed to witness/party |
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| Compels opposing party to provide specific evidence that he or she currently controls and that is believed to be relevant in the case (ex: subpoena and subpoena duces tecum) |
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| a written order directing a person to appear in court |
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| requires that identified objects/documents be brought to court |
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| Privelage against self-incrimination (discovery in criminal matters) |
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Definition
| a defendent cannot be compelled to testify against him or herself in a criminal case |
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Term
| Motion for summary judgement |
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Definition
| moving party argues that there are no significant questions of fact and that the applicable law requires that the moving party be awarded judgement (after discovery) |
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Definition
| after discovery process is over; informal between judge and attorneys; settle without trial? |
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| trier of fact (questions of fact NOT law) |
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| all civil cases where controversies are over $20; for criminal matters a trial by "impartial jury" is a constitutional right |
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| criminals wave right to jury |
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| appropriate legal rules to be applied in the trial; ex: Constitutionality |
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Definition
*Civil Case = if jury ignores law, judge can overturn verdict
*Criminal case = if jury says "not guilty" judge CANNOT convict, but if jury says "guilty" judge can rule not guilty |
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Definition
| randomly come from various lists (today is drivers license) |
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| Exemptions from jury service |
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Definition
| noncitizens, minors, mentally/physically disabled, etc. |
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| refers to the questioning of prospecive jurors to find possible bias |
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| dismissal of juror for disclosed personal reason |
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| vote if regular juror dies or withdraws; mistrial may result if not enough jurors to to render verdict |
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| Federal Civil and Criminal Cases (JURY VOTE)? |
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Definition
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| State Civil Cases (JURY VOTE)? |
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Definition
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| State Criminal Cases (JURY VOTE)? |
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Term
| # of judrors required for civil cases? |
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Definition
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Term
| # of jurors required for federal criminal cases? |
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Definition
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| #of jurors required for state court? |
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Term
| # of jurors needed when death penatly involved? |
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Definition
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Term
| Are criminal cases matters of equity? |
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Definition
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Term
| # of jurors in matters of equity? |
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Definition
| Zero; Judge is only finder of fact and law |
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Term
| Civil cases at law vs. Civil cases in equity? |
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Definition
*Law: actions to recover $
*Equity: $ damages are not sought |
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| Speicifc Performance, Recission, Injunction |
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| Buyer wants performance (compliance with the contract) not monetary compensation |
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| An action requesting the Court to rescind the an agreement to sell ones home |
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| end unlawful strike or bar a person from unlawfully hunting down someone elses property |
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| Injury, Defamation of Character, Contracts lost to breach of contract or fraud |
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| statements providing a guide to a judges exercise of his discretion |
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| defiance of a judges order |
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| FACT: Death penalty is more expensive for public then life in prison |
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Definition
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Term
| Preponderance of Evidence |
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Definition
| Civil burden of proof; close to 51% |
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| Criminal burden of proof; close to 100% |
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Definition
| when you want judge to order other side to do something |
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Term
| What are the 3 different districts of Ct. of Appeals (WA) |
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Definition
1)Seattle
2)Tacoma
3)Spokane |
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Term
| How is a trial conducted? |
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Definition
| Burden of Proof by plantiff-->opening statements-->evidence-->summation-->deliberation-->verdict |
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Term
| **FACT: in criminal cases, defendants cannot be compelled to testify (constitution) |
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Definition
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Definition
| evidence presented by plantiffs attroney (questioning wittnesses) |
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Definition
| may be offered by defendent after evidence presented by plantiff |
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Term
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Definition
| facts from plantiff must have sufficient evidence of defendants wrongful conduct |
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Term
| Motion for a directed verdict |
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Definition
| a request to a judge that he or she enter the requested verdict instead of allowing the jury to present its verdict (happens when there is no evidence to support one side of the other) |
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| speech made by attorney and designed to persuade jury |
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| judge instructs jury on the law |
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| **FACT: Verdict is not the voice of the court |
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Definition
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| Judgement non obstante verdicto |
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Definition
| in a civil case judge has the power to render a contrary judgement (power to motion for a new trial); should never happen because motion for directed verdict would have cleared this up earlier) |
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Term
| In criminal cases, verdict is... |
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Definition
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| In civil cases, verdict is... |
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| one against whom a judgement has been entered but who has not paid the judgement |
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| One who has won judgement but not yet been paid |
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| Court order directing the sheriff to confiscate (garnish) property |
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| Judicially authorized inquiry about JD's assets |
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| You CAN ask leading questions because more leeway needed with opposing side |
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Definition
| 12 randomly selected by drivers license list |
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