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| A certificate that attests that a true and correct copy of a given document was sent to all parties involved. The certificate should be signed by the person who actually places it in the mail. It is a good- faith attempt, it is not sworn under oath. Often replaced with a receipt of copy. |
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The degree to which something must be proved at trial. The party making an allegation or claim generally bears the burden of proof. |
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| Authority of a court to hear and decide a case. |
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| The tendency to cause bias even where no bias has existed previously. |
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Questions directed at a witness who is under oath in court or at a deposition.
1. Direct Examination
2. Cross Examination
3.Redirect Examination
4. Recross Examination |
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| After direct examination, the other party may cross-examine the witness but is limited to the topics brought up during direct examination. |
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| Questioning the witness first. The party that calls the witness to the stand conducts the direct examination. |
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| The party conducting cross examination conducts the recross examination, but is limited to matters brought up during redirect (many courts do not typically allow recross examination) |
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| Attorneys must "move" for a piece of evidence to be admitted into evidence. If the motion is granted, the evidence will be assigned a number or letter and labeled. |
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| When a party finished presenting evidence, it rest. |
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| Sufficient on its face. All facts alleged by the plaintiff are eventually proved true at trial, plaintiff deserves to be awarded damages. Must exist at all stages of the proceeedings from filing complaint through trial. During litigation, if party establishethat a prima facie case does not exist, the case should be dismissed. |
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| Guidelines presented to the jury about how the law is to be applied, and the facts that may be considered during its deliberations. May also be referred to as a charge to the jury. |
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| Doctrine stating that a case that has been decided on its merits may not be re-litigated. This is Civil |
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| Written decision of the court |
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| Opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons. |
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| Opinion that disagrees with the majority opinion. (Scalia) |
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| In a criminal case, means the prosecution |
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| Beyond a Reasonable Doubt |
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| Usually a Unanimous agreement of the jury. Proof required in a criminal prosecution. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable. If the doubt is reasonable, the verdict must be not guilty. |
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| The right to a fair trial. State must respect all legal rights to a person. Balances the power of law of the land and protects the individual person from it, must follow exact course of law. |
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| In a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury |
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"Let the Decision Stand"
To stand by previous court decisions, previous court decision will guide the court in deciding a current case. |
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| The bringing of criminal charges against a defendant; also the party presenting the Government's case at a criminal trial. |
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| A defendant has the right to be "noticed" as to any legal action, whether civil, criminal, or administrative. To provide, or to gain,knowledge of legally relevant information. |
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| All the property that is left by someone who has died. |
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| The tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial. |
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| An amount of money paid to atone for injury or economic loss. |
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| Joint & Several Liability |
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| When multiple defendants may be found liable as a group (jointly) or seperately (several) |
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| Money paid to an attorney to secure her services; a contract between the client and attorney. The attorney is being "retained" |
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| When Federal Court hears a Case Based upon the fact that the parties are from different states, must exceed 75,000. |
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| The party who initiates the action by filing a complaint, claiming injury or harm. |
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| Time limit for filing suite, will be dismissed after that at the time damages occured. |
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| Document that informs the defendant that he is being sued and that they have specific time to respond. Generally 30 days to respond |
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