The plaintiff's attorney in civil litigation decides to send a set of statements to the
defendant for the purpose of having the defendant admit or deny each statement. This
discovery is called a: - ✔️✔️request for admission
defendant - ✔️✔️individual, company, or institution being sued or accused
plaintiff - ✔️✔️the person who brings the case to court
example. spouse, doctor and priest are all allowed to see you if in jail but your employer
doesn't mean shit
In a criminal case, the defense bears the burden of proof to demonstrate its case
"beyond a reasonable doubt." - ✔️✔️false
Mr. Moore confesses to you, his attorney, that he negligently ran a red light and caused
the accident for which he was being sued. At trial, the plaintiff may call you as a witness
to testify against Mr. Moore for the limited purpose of establishing his negligence. -
✔️✔️false
preponderance of evidence - ✔️✔️more than 50% of the evidence points to something.
In favor of one side
burden of proof - ✔️✔️obligation to offer evidence that the jury can believe
what is not a privilege recognized by courts that would prohibit testimony at trial -
✔️✔️employee/employer privilege
a judge can overrule jury when - - ✔️✔️the jury's verdict seems to have ignored the law
direct examination - ✔️✔️examination through questioning of a witness by the side that
called the witness
chronological order - ✔️✔️1.Plaintiff's Witnesses Called and Evidence Presented
2.Directed Verdict
3.Defendant's Witnesses Called and Evidence Presented
4.Closing Statements
pro se - ✔️✔️on one's own behalf
, motion - ✔️✔️any request to a court for the court to take specific action
claim - ✔️✔️any legal right to seek a remedy for a wrong
joinder - ✔️✔️joining of parties or claims in litigation
if you are sued by Mr. Jones for negligence you are not permitted to file a joinder
negligence - ✔️✔️failure to take proper care of something
Testimony of a party taken during a pre-trial deposition may be used at trial to impeach
a witness. - ✔️✔️true
impeach - ✔️✔️to challenge the credibility of a witness to tell the truth
attorney-client privilege - ✔️✔️-a doctrine that requires all communications between
client and attorney be kept secret
-if a client tells you they are going to murder someone you are allowed to tell
affidavit - ✔️✔️-a sworn statement in writing made under oath
- this is not just anything in writing
plaintiff is supposed to offer evidence that the jury can believe therefore the plaintiff sits
- ✔️✔️at a table closest to the jury (burden of truth)
the statute of limitations does what? - ✔️✔️limits the time in which each case can be
commenced
commenced - ✔️✔️to begin or start
peremptory - ✔️✔️a challenge to a juror without giving a reason
sua sponte - ✔️✔️"of its own accord" an action by a court without motion by the parties
voir dire - ✔️✔️process of selecting a jury
arbitration will result in winner and loser - ✔️✔️true
negotiation - ✔️✔️simplest form of ADR. Often seen as a win win. Both parties try to
mutually reach an outcome
unequal bargaining power - ✔️✔️when a supplier doesn't need your business
arbitrator - ✔️✔️an independent person or body officially appointed to settle a dispute
no guidelines for being an arbitrator. anyone can be one