Card Set Information
Standing to sue
The litigation must involve a case or controversy.
The plaintiff must allege a personal state in the resolution of the controversy.
When others who may be liable are brought into the case.
Subject matter jurisdiction
The power over the issues involved in the case.
When the plaintiff files a case it gives the court voluntary submission to the courts power.
Plaintiff files complaint
Complaints and summons served on defendant
Defendants files motion or answer with possible counterclaim and defenses
Court rules on motions
Plaintiff files repel to answer
Attorneys conduct discovery procedures
Parties may file motions for summary judgment or judgment on pleadings
Court conducts pretrial conference
Pleadings- legal documents that are filed with a court to begin the litigation process
Complaint- filed pleading with the court clerk
Answer- written response to the pleading
Default- if the defendant does not respond/answer, the court may grant the plaintiff relief sought by the complaint
Discovery Purpose- to ensure that each side is fully aware of all the facts involved in the case and of the intentions of the parties.
Interrogatory- a written question submitted by one party to another.
Request for production of documents- either party might ask the other to produce specific documents that are important to the law suits outcome.
Deposition- sworn oral questioning of a potential witness.
Request for an admission- either party may ask the other to admit that certain issues presented in the pleadings are no longer in dispute.
Judgment on the pleadings- judge makes a decision solely on the complaint and answer.
Summary judgment- judgment on complaint, answer, and evidence.
To speak the truth, allows the court and often the attorneys for each party to examine potential jurors qualifications.
Plaintiff and defendant are given a certain number of challenges for which no cause or reason needed to excuse a juror.
After the plaintiff has presented his case the defendant can make a motion for direct verdict if the evidence is most favorable to the other party.
Or- Judgment as a Matter of Law
Void dire- Parties and their attorneys select jury
Attorneys present opening statements
Plaintiff presents evidence through witnesses
Defendant moves for direct verdict/ judgment as a matter of law
Defendant presents evidence through witnesses
Attorneys present closing arguments
Court instructs jury on the law
Jury deliberates and makes a decision (verdict)
Judge enters judgment on verdict
Losing party files postural motion
Burden of proof
Preponderance of evidence 51/49 (civil)
Beyond a reasonable doubtn60/40. 80/20 is better (criminal)