Midterm Notes
Motion for judgement on the pleadings is when you ask the court if the allegations are enough to decide all or parts of the case . States a valid claim
Motion to dismiss is when the opposing party has failed to state a claim on which relief can be granted
Motion for Summary Judgement asks the court to decide part of the case or all of .
it
-
No genuine issue of fact , party entitled as a matter of law .
Motion for Summary is the most common. The pros are the potential settlement and ,
can educate the judge .
The cons are that it costs money and is
very time consuming .
Affidavits are sworn statements by witnesses .
Declarations are signed declarations under penalty of purjury
Voluntary dismissal is a withdrawl of the claim brought by the plaintiff
Involuntary dismissal is when the plaintiff has been guilty of misconduct. The failure to comply or prosecute
A default is the failure of a
party to respond to opposing parties pleading
An ADR is an Alternate Dispute Resolution There . are two kinds . They can be used at any time .
Medeation is when there is a neutral third party that helps parties reach an . It
agreement is voluntary and non-binding. The mediator explains the strengths
and weaknesses .
Arbitration where someone decides on the case ,
like a
judge .
It can be binding It . saves time less expensive.
,
MI Case evaluations are used for monetary civil actions . 3 evaluators issue a recommended value after reviewing case summaries . Parties have 28 days to
accept/reject. Cannot grant injunctive relief
Negotiation can also be an ADR. Know your
clients goals and know what your opponent wants.
Structured Settlement is when the plaintiff recieves periodic payments rather than one lump sum
Settlement Agreements is simply when there is an agreement between both parties . Its a contract resolving a dispute Can be
.
lump-sum or structured settlements .
Direct evidence proves fact directly like eyewitness testimony Both admissible at trial
>
a an are
Circumstantial evidence implies facts like fingerprints
Evaluation : Question of law is decided by the judge . Question of fact are decided by a
jury.
If evidence is irrelevant its not admissible. If evidence
,
is relevant it may ,
be admissible
3 R's makes evidence admissible. Relevant must prove or disprove something in issue . Reliable must be trustworthy information. Real must be authentic and
genuine . For evidence to be real it has to pass certain
Hearsay is an out of court statement offered for the truth of the matter asserted standards .
The following elements of hearsay : ·
Witness · Expert Witnesses . Exhibits
Admission of a
party opponent is a statement by adverse party - Not hearsay
Prior statements is used to impeach credibility . It is admissible if made under oath
PresentSense Impression is made during or after an event
Excited Utterances is made under a stress of events.
Statement against Interest is when the witness is unavailable ; contrary to own interest
Statement of medical Diagnosis is about a paitents medical condition and is admissable
Hearsay rule allows for records to be admissible
Business Records are records made by employees and are reliable because they need accurate records . Ex : Memos , reports data forms
, ,
Public Records > A witness
-
does not need to testify to lay a foundation . Ex : Birth , Marriage Certificate
There are s main
types of discovery . Discovery is used to obtain facts , narrow issues ,
and
encourage settlement.
Interogatories is a written question and answer to the other parties
Request to produce is a written request by one party to another seeking permission to obtain copies of records ,
documents and other tangible items
Depositions are oral questions by one party to another during discovery Both can be non-parties via subpoena
Pysical and mental examination
Request for admission is a written statement that forces a party to admit or
deny a fact or a document's genuineness
A Non-party is someone who is not named in the lawsuit -
Not plaintiff or defendant.
Motion for judgement on the pleadings is when you ask the court if the allegations are enough to decide all or parts of the case . States a valid claim
Motion to dismiss is when the opposing party has failed to state a claim on which relief can be granted
Motion for Summary Judgement asks the court to decide part of the case or all of .
it
-
No genuine issue of fact , party entitled as a matter of law .
Motion for Summary is the most common. The pros are the potential settlement and ,
can educate the judge .
The cons are that it costs money and is
very time consuming .
Affidavits are sworn statements by witnesses .
Declarations are signed declarations under penalty of purjury
Voluntary dismissal is a withdrawl of the claim brought by the plaintiff
Involuntary dismissal is when the plaintiff has been guilty of misconduct. The failure to comply or prosecute
A default is the failure of a
party to respond to opposing parties pleading
An ADR is an Alternate Dispute Resolution There . are two kinds . They can be used at any time .
Medeation is when there is a neutral third party that helps parties reach an . It
agreement is voluntary and non-binding. The mediator explains the strengths
and weaknesses .
Arbitration where someone decides on the case ,
like a
judge .
It can be binding It . saves time less expensive.
,
MI Case evaluations are used for monetary civil actions . 3 evaluators issue a recommended value after reviewing case summaries . Parties have 28 days to
accept/reject. Cannot grant injunctive relief
Negotiation can also be an ADR. Know your
clients goals and know what your opponent wants.
Structured Settlement is when the plaintiff recieves periodic payments rather than one lump sum
Settlement Agreements is simply when there is an agreement between both parties . Its a contract resolving a dispute Can be
.
lump-sum or structured settlements .
Direct evidence proves fact directly like eyewitness testimony Both admissible at trial
>
a an are
Circumstantial evidence implies facts like fingerprints
Evaluation : Question of law is decided by the judge . Question of fact are decided by a
jury.
If evidence is irrelevant its not admissible. If evidence
,
is relevant it may ,
be admissible
3 R's makes evidence admissible. Relevant must prove or disprove something in issue . Reliable must be trustworthy information. Real must be authentic and
genuine . For evidence to be real it has to pass certain
Hearsay is an out of court statement offered for the truth of the matter asserted standards .
The following elements of hearsay : ·
Witness · Expert Witnesses . Exhibits
Admission of a
party opponent is a statement by adverse party - Not hearsay
Prior statements is used to impeach credibility . It is admissible if made under oath
PresentSense Impression is made during or after an event
Excited Utterances is made under a stress of events.
Statement against Interest is when the witness is unavailable ; contrary to own interest
Statement of medical Diagnosis is about a paitents medical condition and is admissable
Hearsay rule allows for records to be admissible
Business Records are records made by employees and are reliable because they need accurate records . Ex : Memos , reports data forms
, ,
Public Records > A witness
-
does not need to testify to lay a foundation . Ex : Birth , Marriage Certificate
There are s main
types of discovery . Discovery is used to obtain facts , narrow issues ,
and
encourage settlement.
Interogatories is a written question and answer to the other parties
Request to produce is a written request by one party to another seeking permission to obtain copies of records ,
documents and other tangible items
Depositions are oral questions by one party to another during discovery Both can be non-parties via subpoena
Pysical and mental examination
Request for admission is a written statement that forces a party to admit or
deny a fact or a document's genuineness
A Non-party is someone who is not named in the lawsuit -
Not plaintiff or defendant.
