Class 2 Reading

These flashcards cover the key concepts from the lecture on trial court procedures in tort cases, focusing on the steps involved and potential errors made by trial judges.

What is the initial step a plaintiff takes in a tort case?

The plaintiff initiates the lawsuit by filing a complaint and serving it on the defendant.

What is the first response of the defendant to a plaintiff's complaint?

The defendant can file a motion to dismiss the complaint for failure to state a legally valid claim.

What must the appellant claim in an appellate court?

The appellant must pinpoint an error of law committed by the trial judge.

What is the role of the jury in a tort case?

The jury ultimately decides which version of the facts presented by the plaintiff and the defendant is accurate.

What is a motion for summary judgment?

A motion asserting that no reasonable person could find in favor of the opposing party, often based on additional facts.

What happens if the trial judge denies a motion for directed verdict?

The trial proceeds, and the defendant may present their case in chief.

What is the standard of proof typically required for the plaintiff in tort cases?

The preponderance of the evidence standard, meaning the plaintiff must show that their claim is more likely true than not.

What occurs after the lawyers' closing arguments in a trial?

The judge instructs the jury on the law they are to apply.

What is a motion for judgment notwithstanding the verdict (JNOV)?

A motion asserting that the only reasonable outcome is in favor of the movant, similar in theory to a motion for directed verdict.

What do motions for new trial, additurs, or remittiturs seek?

Motions for a new trial seek a second chance, while additur and remittitur seek adjustments to the jury's damage award.