CORRECT ANSWERS WITH EXPLANATIONS | LATEST EXAM | VERIFIED
ANSWERS | GRADED A+ (JUST RELEASED)
The purpose of discovery is for lawyers on both sides to gather as much info as possible
about all allegations and evidence the parties might present
(6.3)
Lawyers can use pretrial evidence to challenge the evidence presented at trail.
Discovery can sometimes lead to settlement.
Lawyers usually fi le cases in courts of _________ ________
General jurisdiction
Order of pretrial procedure
(6.4-6.5)
* See page 6.4 for chart *
Complaint -->
Summons -->
Answer -->
Reply -->
Motions (granted motion ends lawsuit) -->
Pretrial Conference (settlement ends lawsuit) -->
Discovery
A party starts a lawsuit by filing a complaint in the court that has jurisdiction over the
dispute
(6.5)
,The complaint is the first pleading filed with the court
Complaint:
The allegations made by a plaintiff in a lawsuit
Pleading:
A formal written statement of the facts and claims of each party to a lawsuit.
The _______ notifies the defendant of a lawsuit
(6.5)
Summons
The _______ responds to the defendant's answer
(6.5)
Reply
Motion
(6.5)
A formal request for the court to take a particular action.
In a jury trial, the jury decides all questions of fact and the judge decides all questions of
law
(6.6)
If there isn't a jury, the judge decides about both facts and law
3 conditions that evidence must meet
(6.6)
1. Relevant
- evidence must have relevance to the case
,2. Material
- a fact can be relevant but might have no legal significance in a case, rendering it
immaterial
3. Competent
- the source of evidence must be reliable and the evidence must be adequate
- hearsay may not be admitted
Relevance: A quality of evidence that is likely to prove or disprove an element of the
case.
Jurisdictions may allow either a general verdict, a special verdict, or both
(6.6)
General Verdict:
A kind of verdict that entails a complete finding and a single conclusion by a jury on all
issues presented.
Special Verdict:
A kind of verdict reached by a jury that makes findings of fact by answering specific
questions posed by the judge. The judge then applies the law to the facts as the jury has
found them
The judge can decide to take the case from the jury at any time
(6.7)
The judge ends the trial by doing one of the following:
1. Directed verdict
- judge tells the jury what verdict to reach when the judge believes there can only be
one reasonable result
2. Mistrial
, - error or event that would make it impossible for the jury to reach a fair verdict or jury
can't reach a verdict
3. Nonsuit
- plaintiff has failed to present a sufficient case or hasn't complied w a court order
* Chart with trial procedure on pg. 6.7 *
Parties cannot relitigate claims in the lower courts based on transactions or on issues
already decided on by the lower court
(6.8)
Two doctrines to prevent relitigating:
1. Res Judicata (claim preclusion)
- prevents parties from relitigating issues that were or could have been raised in the
original lawsuit
2. Collateral Estoppel (issue preclusion)
- bars parties from relitigating an issues on which a court has already ruled, even if the
second lawsuit differs significantly from the first
Appeal:
All lower-court decisions can be appealed to higher courts. An appeal is a request for a
higher court to review a case.
(6.9)
- Appellant is the losing party in a court case (who appeals the case to the higher court).
Appellee is the non-appealing party (winner of the original case)
- Appeals must be filed within a prescribed period
- Appeals courts do not conduct new trials; they decide whether law was applied