BUSA 10

Opening Statements

A preview provided by lawyers to the jury about what they anticipate the evidence will be, without arguing about the evidence.

Jury Selection

The process of eliminating potential jurors to find those who will serve in a trial.

Direct Examination

Questioning of a witness by the party who called the witness to testify.

Cross Examination

Questioning of a witness by the opposing party to challenge their testimony.

Redirect Examination

Questioning of a witness by the original party after cross examination, focusing on clarifying points made during cross examination.

Evidence Presentation

The phase of a trial during which both parties present their evidence through witness testimony and exhibits.

Motion for Directed Verdict

A request made by a party for the judge to rule, before a case goes to the jury, that the other party has not proven their case.

Affirmative Defense

A defense raised in a responsive pleadings that, if proven, negates liability even if the claims against the defendant are true.

Rebuttal

The evidence presented by a party to counter or disprove evidence presented by the opposing party.

Hearsay

An out-of-court statement offered to prove the truth of the matter asserted, generally inadmissible as evidence.

Relevance

The quality of being closely connected or appropriate to the matter at hand, a key criterion for the admissibility of evidence.

Discovery

The pre-trial phase in a lawsuit during which parties exchange information and gather evidence for trial.

Judgment Notwithstanding the Verdict (JNOV)

A motion to reverse the jury's verdict on the grounds that the jury could not have reasonably reached that verdict based on the evidence presented.

Verdict

The formal decision made by a jury on the matters or questions presented to them in a trial.

Judicial Resources

The time and money spent by the court, judges, and jury during legal proceedings.

Negligence

Failure to take proper care in doing something, leading to damage or injury to another.

Prejudicial Evidence

Evidence that is too inflammatory or biased, which may unfairly sway the jury's decision.

ADR (Alternative Dispute Resolution)

Methods used to resolve disputes outside of litigation, such as negotiation, mediation, and arbitration.

Mediation

A form of ADR where a neutral third party helps the disputing parties reach a mutually satisfactory solution.

Arbitration

A method of resolving disputes outside of court, where a neutral third party makes binding decisions.

Execution of Judgment

The process of enforcing a court's judgment, often involving the seizure of property or garnishment of wages.

Preponderance of the Evidence

The standard of proof in most civil cases, meaning that the evidence shows that something is more likely true than not.

Trial Court

The court in which a case is originally tried.

Appellate Court

A court that reviews the decisions of lower trial courts to ensure the law was applied correctly.

Jury Instructions

Guidelines given by the judge to the jury about the legal standards they should apply when deliberating.

Judgment Notwithstanding the Verdict (JNOV)

A motion seeking to overturn a jury's verdict based on the argument that no reasonable jury could have reached that verdict based on the evidence.

The Three R's of Trial

Relevance, Reliability, and Real.

Hearsay Rule

A legal principle that prohibits the use of hearsay evidence, which is an out-of-court statement offered to prove the truth of the matter asserted.

Jury Deliberation

The process by which a jury discusses the evidence presented and seeks to reach a consensus on a verdict in a trial.

Fill in the blank: Cross examination is the questioning of a witness by the __________ party to challenge their testimony.

opposing

Recross Examination

Questioning of a witness by the opposing party following redirect examination, aimed at challenging the witness's clarification or new testimony.

What is the purpose of Direct Examination?

To allow the party that called the witness to elicit evidence through questioning.

What is the purpose of Redirect Examination?

To give the original party an opportunity to clarify or expand upon information brought out during cross examination.

Motion for Summary Judgment Definition

A formal request to the court to rule that the other party has no valid claim, allowing for judgment without a trial.

Timing of Motion for Summary Judgment

Typically filed after discovery but before trial, to allow both sides to present evidence.

Supporting Evidence for Summary Judgment

May include affidavits, depositions, documents, and admissions to show absence of factual disputes.

Opposition to Motion for Summary Judgment

The non-moving party must provide evidence showing there are genuine issues of material fact.

Consequences of Granting Summary Judgment

Leads to a ruling in favor of the moving party, effectively ending the case or resolving specific issues.

Judicial Review of Summary Judgment

The court reviews the submitted evidence and applies the law to determine if a trial is necessary.

Standard of Review on Appeal of Summary Judgment

Appellate courts review summary judgment decisions de novo, meaning they consider the evidence without deference to the lower court's decision.

Duties of the Court in Summary Judgment

The court must view evidence in the light most favorable to the non-moving party when assessing the motion.

Limitations of Summary Judgment

Cannot be used to resolve factual disputes that require a trial or jury evaluation.

Relief Granted by Summary Judgment

The court may grant full or partial summary judgments, concluding some claims while allowing others to proceed to trial.

What is the purpose of Rebuttal?

To present evidence or arguments that counter or weaken the opposing party's claims.

Rebuttal Evidence

Evidence introduced to contradict or invalidate evidence presented by the opposing party.

Order of Rebuttal

Typically follows the main presentation of evidence and may include additional witness testimony or documents.

Rebuttal vs. Surrebuttal

Rebuttal is the first response to opposing evidence, while surrebuttal is a response to the rebuttal.

Limitations of Rebuttal

Rebuttal evidence must be relevant and cannot introduce entirely new issues not previously raised.

Rejoinder

The response made by a party in a legal proceeding to an opposing party's reply or evidence.

Closing Arguments

Final statements made by lawyers to the jury, summarizing the evidence and urging a verdict in their favor.

Trial Dynamics

The interactions and sequences of events that take place during a trial, including witness testimonies, evidence presentation, and jury deliberation.

Pretrial Motions

Requests made to the court before a trial to resolve procedural or legal issues that may affect the trial's outcome.

Courtroom Etiquette

The expected behavior and practices that participants in a trial must adhere to while in the courtroom to maintain order and respect.

Witness Credibility

The trustworthiness and reliability of a witness's testimony, which can significantly affect a jury's decision.

Burden of Proof

The obligation to prove one's assertion or case, typically resting on the party bringing a claim.