Final Exam
A pretrial conference is a
meeting held before trial between the attorneys and the judge. The purpose is to identify the issues in dispute and
the evidence that will be presented .
A pretrial order is a
guide for the trial ; it identifies the issue , witness , exhibits , and an order of proof
The pretrial memo
generally contain the following sections : uncontested facts contested ,
issues of fact and law exhibit list witness list and jury instructions
, , ,
Direct examination : You present witnesses' story . You only ask open-ended questions (who what when , where , how) No leading questions
can
why
-
your , , ,
Cross examinations : You test the witnesses credibility and weaken the other side's case . You can only ask yes or no questions .
Opening arguments is an opportunity for the lawyers to tell the jury their clients' version of the facts and what they expect the evidence to prove
Closing arguments is where the lawyers summarize the evidence that has been presented and explain why the
judge or
jury should rule a certain
way
A theory of the case is a lawyers position on
,
and approach to ,
all the undisputed and disputed evidence that will be presentenced at trial . It must remain
consistent during each phase of the trial .
A theme is a
phrase that should fit w/ your case " The glove phrase
: in OJ Simpsons trial .
"You must aquit"
Peremptory challenges allow the lawyers to strike a
juror from the panel who any stated reason . Usually 4 or 3
Challenges for Cause is when a
juror is removed from the
jury panel because
of a
particular reason .
Ex : "I hate
cops "Has
interest in the litigation
There are 4 ways a plaintiff can recover damages -
demand letter abstract of , judgment ,
writ of execution wage , garnishment
Demand letters : demands payment on the judgment
Abstract of judgment : places a lein on all real property owed by althe debtor
Writ of execution : order from the court allowing the sheriff other law enforcement to seize assets to satisfy the judgment
an or
agency
↑ Till tap : Law enforcement collects the cash and checks on hand at a business in order to satisfy judgment. Only a few hours
↑
keeper : Law enforcement
O
on property for longer . If
they cant collect enough , seize and auction property , excess
~, 24-48 hours
money
from auction goes back to debtor
long
↑
Bank levy : Seize from debtors bank account
money
Judgment debtor : the party that owes money
Wage garnishment : Direction to employer to withhold certain amount from each
paycheck for certain time period
Finding Assets
↑
Companies will do this for a fee
Public records through Westlaw or Lexis
~
Depositions /Interrogatories
Make to detail the records they will need to bring deposition
-
sure to the
Sometimes you have to make decision based info you have
-
a on
After a plaintiff wins at trial
High low agreement : It
↑
guarantees plaintiff recovery (the
the a minimum low) even if the verdict is lower or in favor of the defendant It . caps the
defendant's exposure to a maximum amount (the high) even if the jury awards more . Reduces risks for both sides
↑
Motion for entry of judgment : post-trial asking the court to enter the final judgment Submit under 7 day order
motion .
~
Motion for judgment notwithstanding the verdict : May allege no reasonable jury could have reached jurys verdict. May allege the verdict was
clearly
inadequate or excessive . Filed within 11 days after entry of judgment
Opposing Counsel : Demand letter for
↑
Letter to payment on the judgment
Y
Issues of Appeal : If defendant plans to appeal May take
.
18 months
Grounds for appealing the case : Every party can
appeal
->
losing party can appeal to court of appeals -> If party loses party must petition
,
to the
Supreme Court Only heard if petition
. is granted
A pretrial conference is a
meeting held before trial between the attorneys and the judge. The purpose is to identify the issues in dispute and
the evidence that will be presented .
A pretrial order is a
guide for the trial ; it identifies the issue , witness , exhibits , and an order of proof
The pretrial memo
generally contain the following sections : uncontested facts contested ,
issues of fact and law exhibit list witness list and jury instructions
, , ,
Direct examination : You present witnesses' story . You only ask open-ended questions (who what when , where , how) No leading questions
can
why
-
your , , ,
Cross examinations : You test the witnesses credibility and weaken the other side's case . You can only ask yes or no questions .
Opening arguments is an opportunity for the lawyers to tell the jury their clients' version of the facts and what they expect the evidence to prove
Closing arguments is where the lawyers summarize the evidence that has been presented and explain why the
judge or
jury should rule a certain
way
A theory of the case is a lawyers position on
,
and approach to ,
all the undisputed and disputed evidence that will be presentenced at trial . It must remain
consistent during each phase of the trial .
A theme is a
phrase that should fit w/ your case " The glove phrase
: in OJ Simpsons trial .
"You must aquit"
Peremptory challenges allow the lawyers to strike a
juror from the panel who any stated reason . Usually 4 or 3
Challenges for Cause is when a
juror is removed from the
jury panel because
of a
particular reason .
Ex : "I hate
cops "Has
interest in the litigation
There are 4 ways a plaintiff can recover damages -
demand letter abstract of , judgment ,
writ of execution wage , garnishment
Demand letters : demands payment on the judgment
Abstract of judgment : places a lein on all real property owed by althe debtor
Writ of execution : order from the court allowing the sheriff other law enforcement to seize assets to satisfy the judgment
an or
agency
↑ Till tap : Law enforcement collects the cash and checks on hand at a business in order to satisfy judgment. Only a few hours
↑
keeper : Law enforcement
O
on property for longer . If
they cant collect enough , seize and auction property , excess
~, 24-48 hours
money
from auction goes back to debtor
long
↑
Bank levy : Seize from debtors bank account
money
Judgment debtor : the party that owes money
Wage garnishment : Direction to employer to withhold certain amount from each
paycheck for certain time period
Finding Assets
↑
Companies will do this for a fee
Public records through Westlaw or Lexis
~
Depositions /Interrogatories
Make to detail the records they will need to bring deposition
-
sure to the
Sometimes you have to make decision based info you have
-
a on
After a plaintiff wins at trial
High low agreement : It
↑
guarantees plaintiff recovery (the
the a minimum low) even if the verdict is lower or in favor of the defendant It . caps the
defendant's exposure to a maximum amount (the high) even if the jury awards more . Reduces risks for both sides
↑
Motion for entry of judgment : post-trial asking the court to enter the final judgment Submit under 7 day order
motion .
~
Motion for judgment notwithstanding the verdict : May allege no reasonable jury could have reached jurys verdict. May allege the verdict was
clearly
inadequate or excessive . Filed within 11 days after entry of judgment
Opposing Counsel : Demand letter for
↑
Letter to payment on the judgment
Y
Issues of Appeal : If defendant plans to appeal May take
.
18 months
Grounds for appealing the case : Every party can
appeal
->
losing party can appeal to court of appeals -> If party loses party must petition
,
to the
Supreme Court Only heard if petition
. is granted
