Civil Litigation Ch 16 & 1;
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. What would you like to do?
What are some things to consider before trial?
- The cost of trial (fees, expert witnesses, etc..) Is it the value of the case more than going to trial?
- The deameanor of witnesses; are they likeable? Do they make a good witness?
What are the types of damages?
- Special Damages - Damages that can be calculated with some level of accuracy.
- General Damages - Damages related to the injury sustained; no particular formula or accuracy. (Pain & suffering)
Arbitration vs. Mediation
- Arbitration can be blinding or non-blinding, it uses a 3rd non-party who hears both sides of the case and makes a decision.
- Mediation is blinding; with the help of a 3rd non party member (mediator) who helps both sides come to an agreement.
What are stipulated facts?
Facts that both parties agree to.
- Preparing clients and witnesses
- is it worth going to trial?
- Placing witnesses on call
- Preparing Exhibits (Making enough copies of records for Judge & Jury; Powerpoint presentations, etc...)
- Trial Notebook - summary of the case, pleadings, motions, law, etc..
What does Voir Dire mean?
"To speak the truth"
What is Voir Dire?
It is the screening of potential jurors. Jurors are asked questions by the judge and attorneys to determine bias.
What is a challenge for cause?
It is where you strike a potential juror for bias; can do it unlimited times.
What is preenptory challenge?
It is where you strike a juror without stating a reason; can do this 3 times.
What does it mean to rehabiliate a witness?
It means to have the witness clarify what a witness said during a cross examination.
What is a case in chief?
A portion of the trial where one side presents their agrument and evidence.
What is rebuttal and its purpose?
It is a phase of the trial where the Plaintiff can respond to the information the Defendant presented during their case in chief. (Defendant responding to the plaintiff is sur rebuttal)
What are the ways to enter judgement?
- Motion for Judgment on the Pleadings
- Motion for Summary Judgment
- Default Judgment
- Bench Trial Judgment
- Jury Verdict
- Appellate Court Verdict
What does the appellate court look for?
Errors in the trial/law.
What is a motion for judgment on the pleadings?
- Filed at the conclusion of the pleadings phase of litigation to end the lawsuit.
- ONLY on the complaint & answer.
What is motion for summary judgment?
- As a matter of law, a judge makes a decision.
- They did not meet the elements and as a matter of law, it must be dismissed.
What is default judgment?
Filed if the defendant fails to take action to defend the lawsuit.
What are instructions to the jury?
After the jury hears the evidence, they are then instructed by the Judge about the law that is applicable to the case.
Verdict unsupported by the evidence?
It is where the jury fails to consider all of the evidence or missapplies the law. An example would be if its an emotional case and they make a decision based on emotion towards one party.
"Not $500 but somewhere between $1-$499"
What is a harmless error and an example?
An error made at trial that does not effect the outcome. (i.e. The car was red instead of blue)
Motion for a new trial in Indiana?
- Motion To Correct Errors - Judge made a legal error and you want to correct it. (New trial, lower amout, etc...)
- Must be doen before appeal.
- You do not get service +3 in appellate court, it has to be in the office and stamped that day.
- Appeal must be done on final judgment or interlocutory appeal.
- Objections must be made at trial, not in appeal.
What is an interlocutory appeal?
- It is where Summary Judgment was denied and you ask for an appeal to avoid wasting time & money.
- Must be asked for and approved.
What are the rulings of the Appellate Court?
- Affirm the Decision
- Reverse the Decision
- Remand (Send back)
Other state; you respect what goes on in that state.
Satisfaction of Judgment?
Saying that you paid your debts/damages because person who paid it can't go back to jail and it'll show up paid on your credit report.
Always check first because of trustee before mediation/trial
Judgement proof debtor?
Person has no support/no job so you can't get your money from them = empty verdict
Motion for Proceedings Supplement?
Talking to the judge about payment plan.
Motion for Remittur
Defendant wants the judge to lower the dollar amount (Jury may have added wrong or nusiance value)
Motion for Additur
Mistake made adding $$, Judge is asked to correct/raise. (Plaintiff)
What are the pleadings?
Complaint, Answer, and any response to the complaint.
What would you like to do?
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