Term
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Definition
| (1) Plaintiff's lawyer, having investigated the facts, writes up a document called a complaint or petition. This document states the facts as claimed by the client. It is filed with the court and a copy is served to the defendant, often by an officer of the court such as the sheriff or the federal marshal. |
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Term
| Motion to Dismiss or Demurrer |
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Definition
| (2) "So What #1?" The defendant may move to dismiss facts that, even if true, do not present a good legal claim. An entire case may be dismissed in this way. If facts are dismissed, in some cases the plaintiff may rewrite or amend the complaint. |
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Definition
| (3) The defendant, within allowed time, files a document taking a position on the complaint. The answer disputes the factual claims of the plaintiff. The answer reveals what factual claims are in dispute between the parties. |
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Term
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Definition
| (4) Discovery is the portion of the case in which both parties gather information about the underlying claims. Witnesses, documents, oral interviews, doctor records, etc. |
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Term
| Motion for Summary Judgment |
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Definition
| (5) "So What #2?" The defendant or plaintiff may move to have judge state whether the defendant's complaint(s) or the plaintiff's complaint(s) amounts to a legal claim even if all of the evidence produced during discovery is assumed to be true. |
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Term
| Pretrial briefs and motions in limine |
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Definition
| (6) After the case is set for trial, parties may ask judge to decide in advance whether to include or exclude certain types of evidence and whether to apply particular legal rules. Parties file motions or briefs asking judge to shape trial in a particular way. Example: a motion in limine may ask judge to keep out evidence that defendant hit another person five years ago so that the jury is not unfairly biased. |
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| (7) Prospective jurors are questioned by the judge and/or lawyers to determine whether they are biased about issues in the case or about one of the parties. Lawyers may 'strike' some prospective jurors. |
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Term
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Definition
| (8) The plaintiff's lawyer states the case for the plaintiff. This is not an argument, but a preliminary view of the testimony the plaintiff will put on. The defendant makes a similar opening statement. |
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Definition
| (9) The plaintiff's attorney calls the first witness, asks questions, establishes what witness knows about facts relevant to the case. The defendant's lawyer may cross-examine each witness. |
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Term
| Motion for Directed Verdict |
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Definition
| (10) "So what #3?" Defendants usually move for a directed verdict. The motion states that even after all of the evidence has been collected, the facts do not amount to select (or all) legal claims that plaintiff claims they amount to. A judge takes into account all the REASONABLE inferences the jury would be allowed to draw from the testimony. |
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Definition
| (11) Defendant puts on witnesses who give defense's side of the story. Plaintiff may cross-examine. |
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Term
| Objections to Evidence and Offers of Evidence |
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Definition
| (12) During the trial, parties can object to evidence that is presented on the grounds that it is likely to mislead the jury or to be "prejudicial" or on other grounds. |
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Definition
| (13) Plaintiff's lawyer and then the defendant's lawyer and then the plaintiff's lawyer again make closing arguments to the jury. These are arguments, and not statements of fact. |
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Term
| Proposed Jury Instructions and Objections to Them |
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Definition
| (14) Plaintiff/Defendant lawyers may object to the instructions (facts and rules to be applied) that the judge offers the jury. |
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Definition
| (15) Jury reaches a verdict on the plaintiff's claim based on the judge's instructions and when applicable decides on an appropriate remedy. |
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| (16) Post-trial Motion for Judgment as a Matter of Law (Non obstante veredicto, not withstanding the verdict). The motion asserts that the evidence is not legally sufficient to justify a jury verdict for the plaintiff. The legal issue of a J.N.O.V. is the legal sufficiency of the evidence. It should be granted on proof that would warrant the grant of a directed verdict motion. |
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| (17) If an error was committed in the trial and the judge now recognizes this, there is the possibility that the error influenced the jury. A new trial should be granted in such cases. |
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Definition
| (18) When a case has been resolved by a judge or jury, a party may ask a higher court to review the determination. When a court of appeals reverses a lower court's decision, the case typically returns to the place it left off in the trial process. |
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