Term
|
Definition
| an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial |
|
|
Term
|
Definition
| an agreement to end the litigation for an agreed-upon consideration, usually money |
|
|
Term
|
Definition
| a legal question to be determined by the court |
|
|
Term
|
Definition
| a legal question to be determined by the court |
|
|
Term
|
Definition
| that which tends to prove or disprove a fact |
|
|
Term
|
Definition
direct
circumstantial
oral
physical |
|
|
Term
|
Definition
| tends to establish a fact without need for an inference |
|
|
Term
|
Definition
| evidence of one fact that requires an inference to establish another fact |
|
|
Term
| testimonial or oral evidence |
|
Definition
|
|
Term
| physical or tangible or demonstrable evidence |
|
Definition
| evidence that can be touched |
|
|
Term
|
Definition
| evidence that will be allowed to be considered by the jury |
|
|
Term
|
Definition
| the court's official calendar for trials and hearings to take place in that courtroom |
|
|
Term
|
Definition
| to set a date for trial upon which attorneys, parties, and court agree |
|
|
Term
| group from which a jury will be selected |
|
Definition
|
|
Term
| group of citizens who will be called upon to hear evidence and render a verdict |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
1. to question prospective jurors to determine their fitness to sit for a case
2. conducting questioning of potential witnesses to determine the relevance or appropriateness of their testimony outside of the hearing of the jury |
|
|
Term
|
Definition
| a method of dismissing a juror for which no reason needs be given. Limited in number to 6 in California civil cases |
|
|
Term
|
Definition
| a method of dismissing a juror for good cause shown. Unlimited in number. |
|
|
Term
1. General: Age, citizenship, residency, mental competence
2. Implied bias
3. Actual bias |
|
Definition
| Grounds to dismiss a juror for cause in CA |
|
|
Term
|
Definition
| potential for unfairness due to preconceptions, favoritism, or prior involvement. Bias is in favor, prejudice is against. |
|
|
Term
| Court employee who keeps order in the courtroom |
|
Definition
|
|
Term
|
Definition
| person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict unless one of the jurors is dismissed. |
|
|
Term
|
Definition
| presentations made by the attorneys at the beginning of a trial, stating the facts they intend to prove during the trial. |
|
|
Term
| do attorneys present their arguments during opening statements? |
|
Definition
| only facts in question are discussed |
|
|
Term
|
Definition
degree to which something must be proved at trial.
The party making an allegation or claim generally bears the burden of proof |
|
|
Term
| burden of proof in a civil case |
|
Definition
| preponderance of the evidence, meaning that what is alleged is more likely than not that a fact is as a party alleges it to be. |
|
|
Term
| Which has the higher burden of proof, a civil trial or a criminal trial? |
|
Definition
|
|
Term
|
Definition
| a rule that states that witnesses in a case may not be present in the courtroom during the testimony of other witnesses. |
|
|
Term
|
Definition
| the document issued under authority of the court to compel the appearance of a witness |
|
|
Term
|
Definition
| A document issued under authority of the court to compel the appearance of a witness, and ordering the witness to provide specific documents |
|
|
Term
| two things does a subpoena duces tecum compels |
|
Definition
1. Appearance of a witness
2. Witness to provide specific documents |
|
|
Term
|
Definition
| formal challenge by opposing counsel to evidence or questions asked of a witness |
|
|
Term
|
Definition
| discussion between the judge and attorneys conducted so the jury cannot hear what is being said |
|
|
Term
|
Definition
| the tendency to cause bias even where no bias has existed previously |
|
|
Term
|
Definition
| the value of pursuing an investigative or probing line of questioning |
|
|
Term
|
Definition
| having the quality or function of proving or demonstrating something; affording proof or evidence |
|
|
Term
|
Definition
| an attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point |
|
|
Term
|
Definition
|
|
Term
|
Definition
1. understanding the obligation to tell the truth
2. knowledge of the topic of testimony
3. ability to communicate |
|
|
Term
|
Definition
| legal capacity to testify |
|
|
Term
|
Definition
| questions directed at a witness who is under oath in court or at a deposition |
|
|
Term
|
Definition
1. direct examination
2. cross examination
3. redirect examination
4. recross examination |
|
|
Term
| least common type of witness examination |
|
Definition
|
|
Term
|
Definition
| questioning the witness first. The party calling the witness to the stand conducts this type of examination |
|
|
Term
|
Definition
| After direct examination, the other party may question the witness, but is limited to the topics brought up under direct examination |
|
|
Term
|
Definition
| Matters brought up during cross examination, redirect, or recross that were not discussed in the previous examination |
|
|
Term
|
Definition
| the party conducting direct examination conducts this to clarify matters brought up during cross. |
|
|
Term
|
Definition
| the party conducting cross examination conducts this to clarify matters brought up during redirect, if allowed by the court |
|
|
Term
|
Definition
| event or point at which a series of incidents begins ultimately resulting in an event with damages |
|
|
Term
|
Definition
| establishment of a duty, followed by a breach of that duty, resulting in damages |
|
|
Term
| Two elements that establish negligence |
|
Definition
establishment of a duty
breach of the duty |
|
|
Term
| negligence that is actionable |
|
Definition
| Proximate cause of the damages |
|
|
Term
|
Definition
| Judge instructs the jury to leave the courtroom temporarily |
|
|
Term
|
Definition
|
|
Term
|
Definition
| tending to prove or disprove a fact in issue |
|
|
Term
| to strike from the record |
|
Definition
| to have certain testimony removed from the record of the trial |
|
|
Term
| usual accompaniment to testimony being struck from the record |
|
Definition
| admonition to the jury that they are not to consider testimony they just heard when deliberating |
|
|
Term
|
Definition
| person or persons responsible for the court files and exhibits |
|
|
Term
|
Definition
| a physical item presented to support an argument |
|
|
Term
|
Definition
| attorneys must move for a piece of evidence to be admitted into evidence. if motion is granted, the evidence will be assigned a number or letter & labeled |
|
|
Term
|
Definition
| when a party has finished presenting evidence |
|
|
Term
|
Definition
| to present a motion to the court |
|
|
Term
| motion for a directed verdict |
|
Definition
| the court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case |
|
|
Term
| defendant's motion for directed verdict verdict |
|
Definition
| motion made after a plaintiff has rested, on the grounds that plaintiff has not established a prima facie case |
|
|
Term
|
Definition
| to halt temporarily, but not end |
|
|
Term
|
Definition
| a case that is sufficient on its face; if all facts alleged by the plaintiff are eventually proved true at trial, plaintiff deserves to be awarded damages |
|
|
Term
| when a case can be dismissed due to lack of a prima facie case |
|
Definition
| At any point during litigation, from the filing of the complaint through trial |
|
|
Term
|
Definition
| delay a ruling so the court may consider the motion |
|
|
Term
|
Definition
| person who has been qualified by the court to have experience & knowledge in a specific area & who will be allowed to express opinions related to her area of knowledge |
|
|
Term
|
Definition
| to establish a witness's expertise in a specific area |
|
|
Term
|
Definition
| to question a potential witness to determine his or her competency or the appropriateness of his or her testimony |
|
|
Term
|
Definition
| each attorney addressing the jury or the court at the end of the trial, attempting to persuade prior to deliberations |
|
|
Term
| jury instructions or charge to the jury |
|
Definition
| guidelines to the jury about how the law is to be applied, & the facts that may be considered during deliberations |
|
|
Term
|
Definition
| a jury's discussion of the case, in private, following the trial, with the goal of reaching a verdict |
|
|
Term
|
Definition
| the final conclusion of the jury |
|
|
Term
|
Definition
| the member elected by the jury to lead the deliberations and speak for the jury |
|
|
Term
| motion for judgment N.O.V. |
|
Definition
| Motion asking the court to disregard the jury's verdict and replace it with the court's own verdict. |
|
|
Term
|
Definition
| the final conclusion of the court |
|
|
Term
| when the judge has the power to overturn a jury's verdict, regardless of the findings |
|
Definition
| civil judgment or a criminal verdict of guilty |
|
|
Term
|
Definition
| when the judge adds to the amount a jury has awarded. The party who must pay has the choice of paying the increased award or the granting of a new trial to the other side |
|
|
Term
|
Definition
| when the judge decreases the amount a jury has awarded. The party awarded damages has the choice of accepting a reduced settlement or the granting of a new trial to the other side |
|
|
Term
|
Definition
a request that the judge order a new trial because of procedural errors.
a party must file this in order to later appeal, fulfilling the obligation to exhaust all available remedies |
|
|
Term
|
Definition
| to ask the court at the next higher level to determine whether the trial court erred |
|
|
Term
| appeal as a matter of right |
|
Definition
| a party who loses in the trial court has the right to have his or her case heard by the next highest appellate level court in civil court. |
|
|
Term
|
Definition
to give up a right
May be either voluntary or the result of an action or inaction by the party |
|
|
