Chapter 5: Court Procedures

Practice flashcards covering key vocabulary and concepts from the lecture on court procedures, including stages of litigation, jurisdiction, trial processes, and post-trial actions.

Adversarial system of justice

A legal system followed by American and English court systems where each client is represented by an attorney.

Pro-se

A client who chooses to represent herself in court without an attorney.

Due process

A common law concept requiring adequate notice and a fair and impartial hearing in court procedures.

Federal Rules of Civil Procedure

Rules that govern all federal trials to ensure due process.

Federal Rules of Evidence

Rules that govern the admissibility of evidence in all federal trials.

Contingent fee

A type of attorney's fee where payment is a percentage of the client's settlement or award, typically 33% before trial and 40% if the case goes to trial.

Pretrial Litigation Process

The stages of a lawsuit before trial, including Pleadings, Discovery, Dismissals and Pretrial Discovery, and Settlement Conference.

Pleadings

The first stage of the litigation process, involving the filing of initial documents like the Petition/Complaint and Answer.

Petition/Complaint

A document filed by the plaintiff that states the facts of the case, demonstrates jurisdiction, and requests court relief (prayer).

Jurisdiction

The court's authority over the subject matter of the case and the defendant.

Prayer

The section in a complaint that specifies the court relief or remedy the plaintiff is seeking.

Exclusive State Jurisdiction

Matters that can only be heard in state courts and are not subject to federal jurisdiction.

Exclusive Federal Jurisdiction

Specific types of cases that can only be heard in federal courts, such as admiralty, antitrust, bankruptcy, copyright, federal crimes, and patent cases.

Concurrent Jurisdiction

Cases that can be heard in both federal and state courts, including federal questions and diversity of citizenship cases.

Service

The process of notifying the defendant of a lawsuit by delivering the Complaint and Summons, allowing the court to acquire personal jurisdiction.

Personal Jurisdiction

The court's authority over the defendant (person or corporation) involved in a lawsuit.

Registered Agent

A designated individual or entity responsible for receiving legal documents on behalf of a corporation.

Long-arm statutes

Laws that allow a court to exercise personal jurisdiction over an out-of-state defendant based on their minimum contacts with the state.

Answer

The defendant's formal response to the allegations stated in the plaintiff's Complaint, where each allegation is specifically admitted or denied.

General Denial

A statement in the defendant's answer denying all the allegations made in the plaintiff's complaint.

Affirmative Defenses

New facts or arguments raised by the defendant in their answer that, if proven, would defeat the plaintiff's claim even if the plaintiff's allegations are true.

Counter-Claim

A lawsuit filed by the defendant against the plaintiff in response to the original complaint.

Cross-Claim

A claim made by one co-party (e.g., co-defendant or co-plaintiff) against another co-party in the same lawsuit.

Motion to Dismiss

A request made by the defendant asking the court to dismiss the action for various reasons, such as lack of jurisdiction.

Statute of Limitations

The legal deadline for filing a lawsuit; once it 'runs out,' the legal claim is no longer valid.

Discovery

The second stage of litigation, where parties obtain information from the opposing party prior to trial through methods like depositions, interrogatories, and requests for production.

Depositions

Type of discovery involving sworn oral testimony of a witness taken out of court, usually before trial.

Interrogatories

Type of discovery involving written questions submitted by one party to another, which must be answered under oath.

Requests for Admissions

Type of discovery where one party asks the opposing party to admit or deny the truth of certain facts or the authenticity of documents.

Default Judgments

A judgment entered against a party who fails to appear in court or respond to a complaint during the pretrial stage.

Dismissals (With/Without Prejudice)

The termination of a case during the pretrial stage; 'with prejudice' means it cannot be refiled, 'without prejudice' means it can.

Preponderance of competent evidence

The burden of proof in civil trials, requiring the plaintiff to introduce enough evidence to show their claims are more likely true than not true.

Bench Trial

A trial conducted without a jury, where the judge alone decides both factual and legal issues.

Jury Selection

The process of choosing a jury, including Voir Dire, challenges, and impaneling jurors.

Voir Dire

The process of questioning prospective jurors to determine their suitability and impartiality.

Direct Examination

The questioning of a witness by the attorney who called that witness to testify.

Cross Examination

The questioning of a witness by the attorney for the opposing party.

Admissibility of evidence

A judge's decision, as a matter of law, on whether specific evidence can be presented in a trial.

Overrules (an objection)

A judge's ruling that rejects an attorney's objection to evidence or a question, allowing it to proceed.

Sustains (an objection)

A judge's ruling that accepts an attorney's objection to evidence or a question, disallowing it from the trial.

Burden of proof in a criminal case

'Beyond a reasonable doubt,' requiring the verdict (guilty or acquittal) to be unanimous.

Burden of proof in a civil case

Generally by 'preponderance of the evidence,' requiring a majority of jurors to agree on the verdict.

Mistrial/Hung jury

A situation where a jury cannot reach a unanimous (or required majority) verdict, leading to the termination of the trial without a resolution.

Motion for a New Trial

A post-trial motion filed by a dissatisfied party requesting that the judge order a new trial due to errors or injustices in the previous trial.

(JNOV) Judgment Notwithstanding the Verdict

A post-trial motion asking the judge to enter a judgment contrary to the verdict rendered by the jury.

Appellant

The party filing an appeal, who submits a brief containing facts, issues, rulings, grounds for reversal, applicable law, and arguments.

Affirm (on appeal)

When an appeals court agrees with and upholds the lower court's decision.

Reverse (on appeal)

When an appeals court disagrees with and overturns the lower court's decision.

Appeal in a criminal case

Only the defendant can appeal the trial court's decision.

Garnishment

A legal process to compel a defendant to comply with a judgment, often by seizing a portion of their wages or bank accounts.

Renew California Judgment

The process of filing to extend the time to collect on a California judgment, which automatically expires after 10 years.