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LEGL Ch. 4

Terms in this set (56)

Plaintiff
The party who files a civil action
Defendant
The party sued
-the person against whom a criminal charge is filed by the prosecuting state or federal gov't
Counterclaim
What is filed when a defendant wants to sue a plaintiff
-use the terms counterplaintiff (defendant), counterdefendant (plaintiff)
Third party defendants
Brought in if a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties
-this procedure usually is followed when there is someone who may have liability to a defendant if the defendant has liability to the plaintiff
Standing to sue
The plaintiff must establish that he or she is entitled to have the court decide the dispute
1. Must allege that the litigation involves a castor controversy
2. Must allege a personal stake in the resolution of the controversy
Mayer vs. Belichick
-To maintain a lawsuit, a plaintiff must have standing or a legally cognizable claim
-Mayer sued because he found out the Patriots were taping signals of their opponents.
-The Third Circuit found that, because the plaintiff did not have a legally protected right arising out of the alleged "dishonest" videotaping program, he did not state an actionable injury
-Accordingly, defendant's motions to dismiss were granted.
Personal jurisdiction
Is obtained when the plaintiff files the suit
-indicates voluntary submission to the court's power
-No case can proceed without the existence of both subject matter and personal jurisdiction
Summons
Notice to appear in court
Long-arm statutues
Provide for the service of process beyond their state boundaries if the defendant:
1. Has committed a tort within the state
2. Owns property within the state that is the subject matter of the lawsuit
3. Has entered into a contract within the state or transacted the business that is the subject matter of the lawsuit within the state
Extradition
The process of requesting and transporting the prisoner from one state to another
Class-action suits
Involves one or more individuals suing on behalf of all who may have the same grounds for suit, or on behalf of shareholders for a corporation.
-popular when no one member of the class would have a sufficient financial interest to warrant litigation, but together it is feasible and profitable
-difficult to bring before a federal court
Pretrial Procedure
1. Plaintiff files complaint
2. Complaints and summons served on defendant
3. Defendant files motion or answer with possible counterclaim and defenses
4. Court rules on motions
5. Plaintiff files reply to answer
6. Attorneys conduct discovery procedures
7. Parties may file motions for summary judgement or judgement on pleadings
8. Court conducts pretrial conference
Pleadings
Legal documents that are filed with a court to begin the litigation process
-brings issues to be resolved into a sharper focus
Complaint
A plaintiff files this (a pleading) with the court clerk and the lawsuit begins
-contains allegations by the plaintiff and a statement or request of the relief sought
-complaint and answer provide the framework for the lawsuit
Answer
Responds to the complaint and the defendant will either admit or deny allegation of the plaintiff's claim
-may also contain causes of action that the defendant has against the plaintiff (counterclaims)
Default
Occurs if the defendant does not respond in any way, and the court will grant the plaintiff relief sought by the complaint
Discovery stage
These procedures are designed to take the "sporting aspect" out of litigation and ensure that the results of lawsuits are based on the merits of the controversy and not on the ability, skill, or cunning of counsel.
-designed to ensure that each side is fully aware of the facts involved in the case and of the intentions of the parties.
-provides a "dress rehearsal" for trial
-typically where most cases are won and lost-substantial penalties can be imposed by the courts for abusing the discovery process
Interrogatories
A series of written questions presented to the opposing parties, which must be answered by the parties receiving them.
-least expensive method
Request for production of documents
Either party might ask the other to produce specific documents that are important to the lawsuit's outcome
Depositions
The lawyer orally asks questions of the possible witnesses and an oral response is given.
-All the spoken words are recorded and a written transcript is prepared.
Motion
When a question of law is at issue, the parties can seek a pretrial determination of their rights by filing this
-can be made at any point during the litigation process
Statute of limitations
-A lack of jurisdictions to hear the suit, or expiration of the time limit during which the defendant is subject to suit
Judgement on the pleadings
Asks the judge to decide the case based solely on the complaint and the answer.
Summary Judgement
Asks the judge to base a decision not only on the pleadings but also on other evidence.
-seeks to resolve the case without a trial
Affidavits
Evidence presented in the form of sworn statements
Typical Pretrial Motions
-Motion to dismiss, including for Statute of Limitations
-Motion for judgements on the Pleadings
-Motion for Summary Judgement
-Motion: Frivolous litigation/rule 11
-Motion to compel Discovery
-Motion in Limine (excluding evidence from trial)
Rule 11 of the Federal Rules of Civil Procedure
Authorizes the the imposition of fines for filing frivolous papers
Frivolous cases
Not a serious problem and can be redressed
Voir dire
"to speak the truth"
-Allows the court and often the attorneys for each party to examine each potential juror as to his or her qualifications and ability to be fair and impartial.
Peremptory Challenges
-No cause or no reason need be given to excuse a prospective juror
-in a criminal case, the defendant may have 12, the gov't can only have 6
-cannot be based upon race or gender discrimination
Batson vs. Kentucky (1986)
Outlawed racial discrimination in jury selection --> juries have become much more racially diverse
Commonality
Requires a plaintiff to show that there are "questions of law or fact common to the class"
-an essential element to establish a class action
Walmart Stores, inc vs. Dukes
-claimed Wal-Mart was discriminating on the basis of gender for promotions
-Because the plaintiffs were unable to demonstrate commonality, class certification was denied
-Even though class certification was denied, women in the potential class can still bring claims if they can demonstrate discrimination
Opening statement
Not evidence
-familiarizes the jury with the essential facts that each side expects to prove
Directed Verdict
After the plaintiff has made his/her case, occurs if the evidence establishes as a matter of law that the party making the motion is entitled to a verdict
-there must be some proof of each essential allegation or lose the case
Jury Instructions
Used to acquaint the jury with the law applicable to the case
-purpose is to bring facts and law together in an orderly manner that will result in a decision
-important
Burden of Proof
1. The burden/responsibility that a person has to come forward with evidence on a particular issue
or
2. Describe the responsibility a person has to be persuasive as to a specific fact aka "burden of persuasion"
Beyond a reasonable doubt
-the burden of proof described for criminal cases
They have the burden of convincing the trier of fact, usually a jury, that the defendant is guilty of the crime charged and that the jury has no reasonable doubt about the defendant's guilt.
Trial steps
1. Voir-dire- parties and their attorneys select juries
2. Attorneys present opening statements
3. Plaintiffs presents evidence through witnesses
4. Defendant moves for directed verdict/judgement as a matter of law
5. Defendant presents evidence through witnesses
6. Attorney's present closing arguments
7. Court instructs jury on the law
8. Jury deliberates and makes decision (verdict)
9. Judge enters judgement on verdict
10. Losing party files post trial motion
Preponderance of Evidence
Requires that a party convince the jury by a preponderance of evidence that the facts are as he or she contends
-Preponderance of evidence is achieved when there is greater weight of evidence in support of the proposition than there is against it
-used most frequently
Clear and convincing proof
Used in situations where the law requires more than a simple preponderance of the evidence but less than proof beyond a reasonable doubt
Verdict
The jury's decision that is announced in the court room when the jury's deliberations are completed
Judegement notwithstanding the verdict
A posttrial motion filed with the judge by the party who is dissatisfied with the jury's verdict
-the judge must find that reasonable persons viewing the evidence would not reach the verdict the jury returned
-verdict is erroneous as a matter of law
Appellant
The party appealing when the result at the trial court level is appealed
Appellee
The successful party in the trial court
Petitioner
Party initiating the petition (when a petition for writ of certiorari is filed)
-the other party = respondent
-losing parties have the right to appeal the case to a higher court
Courts of Appeal
Deal with the record of the proceedings of a lower court
-looking to see if harmful errors were made in trial court
Brief
Contains a short description of the case/a factual summary/ legal points and authorities/ arguments for reversing or affirming the lower court decision
Oral Argument
Attorneys are given a specified amount of time to explain orally to the court their position in the case
-also gives the court of review an opportunity to question the attorneys about various aspects of the case
-Used less frequently today because courts often rely on written briefs
Appellate Review
1. Party receiving adverse judgement files notice of appeals
2. Parties file briefs in reviewing court
3. Oral argument made in reviewing court
4. Reviewing court announces decision
5. Further review may be required by petition to higher court
6. Higher court allows or denies further review
7. Final decision (successful party may require judicial assistance in enforcing the final decision)
Appealing an Evidentiary Ruling:
Lawyers, in order to preserve an argument for appeal, must show:
1. An objection is made
2. In a timely manner
3. Challenging the evidence on specific grounds
4. The lower court's ruling was wrong and
5. The error harmed your client
Execution (of judgement or decree)
Occurs when a court official seizes some property of the debtor, sells it at a public auction, and applies the proceeds to the creditor's claim
Garnishment
Involves having a portion of the debtor's wage paid to the court, which in turn pays the creditor
Adverse judgement
Can lead to the partial loss of wages to satisfy the creditor
Res judicata
Once a decision of the court has been made final --> a final decision is conclusive on all issues between the parties, whether raised in litigation or not
-either the case has been finally decided on or that the time for appeal has expired
-brings disputes to a conclusion
9 Supreme Court Justices
Breyer (L)
Ginsburg (L)
Sotomayor (L)
Kagan (L)
Thomas (C)
Roberts (C) - Chief
Kennedy (C)
Alito (C)
Gorsuch (C)
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