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Contingency fee
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plaintiff pays nothing in advance but the attorney collects a percentage of the award if they win (33% to 50%) this is not allowed in criminal or divorce actions.
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Depositions
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party.witness is questioned in person by the opposing attorney, under oath and this questioning is transcribed by a court reporter.
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Waiver
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defendant can sign a document waiving formal service and consenting to trial
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Sustain
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the courts ruling if it agrees with the objection
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Jury Charge
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the judge reads to the jury the law they are to apply to the case
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Relevance
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evidence must be relevant to the case and its probative value must outweigh its prejudicial effect in order for it to be admissible
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Why Settle?
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a) unpredictable juries b) to avoid publicity (gag orders usually involved) c)the limits of the defendants assets or insurance policy d) it is not worth the expense even if the claim is valid e) "bad" judge or jury is lines up for trial.
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Corporate Service
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can be on any officer of the corporation or on the registered agent of the corporations
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For Cause Strike
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By the court, upon motion of a party, because a juror is too biased to be impartial
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Rule of Sequestration
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if invoked by either or both parties all witnesses must remain outside of the courtroom while the trial is proceeding a) plaintiffs case in chief b)possible defense motion for summary judgement c)defendants case in chief d) plaintiffs and defendants rebuttal: limited to clarifying or correcting points already rasied during each sides case in chief e)plaintiff and defendant rest: no further evidence can be submitted.
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Request for admissions
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written questions asking the other party to admit or deny certain allegations
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change of venue
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to move the trial to where an impartial jury may be found
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Wrong/Injury/Dispute
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Someone must have a claim(standing)
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motion for summary judgement
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it can be filed at any time after the complaint and answer are filed and before the verdict is returned
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Counterclaim
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a claim by the defendant against the plaintiff arising from the same transaction in controversy.
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cross examination
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asking questions to a witness the other side called to the stand
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Pleadings
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written documents (complaint and answer) that are filed with the court by each party informing the court and the other side of their position.
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Writ of Execution Fi FE
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a certified copy of the judgement is presented to the sheriffs office who then fills out a FI FE. the sheriff seizes property and sells it until the judgement is satisfied
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Default Judgement
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will be entered against the defendant if they do not respond within 30 days
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Judgement notwithstanding the verdict
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made by the losing party to the trial court. normally it is made right after the verdict is returned
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motion in limine
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to exclude evidence from trial based on non constitutional grounds for example: evidence is prejudicial or inflammatory
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Complaint
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Filed by plaintiff, at the trial court to initiate the lawsuit. it states why court has jurisdiction over the defendant. lists the factual allegations of the case paragraph by paragraph. asks for the remedy/relief the plaintiff is seeking.
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Peremptory Strike
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eachside has a certain number of these they can use in any way to strike potential jurors they do not want on the actual trial jury
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Federal civil procedure
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federal rules of civil procedure FRCP
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Hourly with a retainer fee
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pay a certain amount in advance to be applied to the attorneys hourly rate.
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Closing Arguments
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Both attorneys argue the evidence, the inferences therefrom and their respective positions to the jury. the plaintiff goes first.
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discovery sanctions
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if a party refuses to respond or answer any part of discovery, the other party can ask the court to become involved and force the non answering party to respond. the court will hold a headinf ro determine if the party must respond if the party refuses to respong after being ordered to do so, the court may: 1)strike pleadings 2) deem the matter admitted 3)hold the party in contempt until they answer.
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Georgia Civil Procedure
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Civil practice act (title 9 of the georgia code)
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overrule
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the courts ruling if it disagrees with the objection
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Pre-trial conference
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between the judge, the attorneys, and the parties. the court narrows the issues for trial, determines the length or trial and time needed, determines what legal issues may arise, possible stipulation of certain facts may be agreed upon. the court may also encourage settlement.
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Objections
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how either party asks the judge to not allow the other side to ask a certain question, admit certain evidence, or allow a witness to respond to a question.
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Jury deliberation
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the jury decides the case in secret
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grounds
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there are no material facts in dispute, and the movant should win as a matter of law
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Charge Conference
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the judge and the attorneys determine what law the jury is to apply to the case. the attorneys submit written "request to charge" to the judge. the conference is held outside of the juries presence
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Answers
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these are responds to each paragraph of the plaintiffs complaint. they include "admit", "deny" or "without sufficient knowledge to admit or deny"
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Settlement
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the vast majority of civil lawsuits settle before a verdict is issued by the jury.it can be anytime right up until the jury verdict is returned
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Interrogatories
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written questions submitted to the other party. Reply: writter answers and under oath.
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Request for examination
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party can have the other party or evidence, examined by their physician, psychiatrist, engineer, crash expert, etc if relevant.
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Civil procedure
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what happens before, during and after a civil trial
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recusal
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asking the judge to excuse him/herself because of bias
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Contempt
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only if the defendant refuses to say where his/her assets are.
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Discovery
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process of obtaining informations from the other party or witnesses prior to the trial. it is done by broth the plaintiff and the defendant. it is done between the parties and their attorneys without the court being involved.
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pretrial motions
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procedural requests submitted by either party to the court
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Hearsay
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testimony made by a witness in court, reguarding what another witness said. and it is offered to prove the fact of the matter asserted.
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Motion for new trial
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within 30 days, it gives the court a chance to correct its own legal errors
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Fixed Fees
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a fixed flat rate fee for the entire case to your lawyer
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Voir Dire (jury selection)
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judge and attorneys question portential jurors to determine bias and or best jurors to choose
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Crossclaim
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a claim by a defendant that brings another defendant into the lawsuit alleging the newly added defendant is the one who is actually liable to the plaintiff
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Direct examination
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asking questions to a witness you called to the stand
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Garnishment
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a copy of the udgement is presented to the personnel department of the defendants employer. a percentage is taken from their wages
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Request for production of documents and entry upon land
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party can ask the other party for relevant documents and to be able to go onto anothers land to inspect relevant objects contained there.
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Appeal
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filed within 30 days
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Judgement
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the judge reduces the jury verdict to writing
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Jury Verdict
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the decision of the jury in a trial
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Opening Statements
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a preview of eachsides case for the jury, it gives them what to expect
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leading question
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a question that suggests the answer they can only used asked during cross examination
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