Biz Law Chp 3

all civil trials held in federal district courts are governed by this

• 1: Pretrial
• 2: Trial
• 3: Posttrial

• Fixed fees: performance of such services as drafting a simple will
• Hourly fees: may be computed for matters that will involve an indeterminate period of time
• Contingency fees: fixed as a percentage (usually 25-40%) of a client's recovery in certain types of lawsuits

inform each party of the other's claims and specify the issues involved in the case

• the facts showing that the court has subject-matter and personal jurisdiction
• facts establishing the plaintiff's basis for relief
• remedy the plaintiff is seeking

• formally notifying the defendant of a lawsuit
• must be received before a lawsuit can begin

notice requiring the defendant to appear in court and answer the complaint

If no response by defendant, default judgement awarded

• the defendant's response to the complaint
• defendant either admits or denies each of the allegations in the complaint & may set forth defenses to these allegations

• when a defendant admits truth in a complaint but raises new facts to show how not liable for damages
• can happen in both civil and criminal cases

• procedural request submitted to the court by an attorney on behalf of her or his client
• when a motion is filed, that party must also send, or serve on, the opposing party a notice of motion

• motion to dismiss
• motion to strike
• motion for judgement on the pleadings
• motion to compel discovery
• motion for summary judgement

asks the court to decide the issue solely on the pleadings without proceeding to trial

• asks the court to grant a judgement in that party's favor without a trial
• can be made before or during a trial

sworn statements by parties or witnesses

• process of obtaining information from the opposing party or from witnesses prior to trial
• includes gaining access to witnesses, documents, records and other types of evidence

sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official

• written questions for which written answers are prepared and then signed under oath
• these are directed to a party of the lawsuit, not a witness

• one party can serve the other party with a written request for an admission of the truth of matters relating to the trial
• this shortens the trial time

consists of all computer-generated or electronically recorded information, such as email, voice mail, spreadsheets, word documents and other data

• attorneys meet with the trial judge after discovery
• purpose is to explore the possibility of a settlement without trial or to plan the course of the trial

• jury selection process
• (most civil cases only require a 6-person jury)

• 1: evidence must be relevant to the issues
• 2: hearsay evidence not admissible - testimony someone gives in court about a statement made by someone else who is not under oth

• direct examination
• cross-examination
• redirect examination
• recross-examination

at conclusion of the plaintiff's case, defendant's attorney has the opportunity to ask the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to support the claim

• from the Latin non obstante veredicto, meaning "notwithstanding the verdict"
• will be granted only if the jury's verdict was unreasonable and erroneous

formal legal document outlining the facts and issues of the case, the judge's rulings or jury's findings that should be reversed or modifed, the applicable law, etc

• affirm the trial court's decision
• reverse the judgement
• remand (send back) the case to the trial court
• can affirm or reverse a decision in part
• modify a lower court's decision

an order directing the sheriff to seize and sell the defendant's nonexempt assets or property