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Motion: A formal request to the court to take some step or issue an orderDiscovery: The pre-trail opportunity of both parties to learn the strengths and weaknesses of the opponents case.Deponent: The person being questionedMotion for protective order: A request that the court limit discovery---Stinton v Robins Wood: fell and slipped and blamed the other. Robins was liable for the fall. Owed a lot of money and no the trial court did not abuse its discretion. It was affirmed when he appealed. He never kept up and responded with discovery etc. Stall tactic.Summary Judgement: A ruling by the court that no trial is necessary because some essential facts are not in dispute.Jones v Clinton: Clinton being sued for sexual harassment. Clinton filed a summary judgment claiming that jones has not alleged fats that justified a trial. . Decision: Jones did not make a claim summary judgment given to Clinton.Voir Dire: The process of selection a jury.Challenge for cause: A claim that a juror has demonstrated probably bias.Peremptory Challenges: The right to excuse a juror for virtually any reason.Pereda v Parajon: Someone get sued for car accident. During jury selection a lawyer kept quiet who was injured before didn’t raise their hands and after the trial and the person was awarded the money. They asked for a new trial and that happened.Preponderance of the evidence: the plaintiff burden of proof in a civil lawsuit.Beyond a reasonable doubt: The government burden of proof in a criminal prosecution.Direct examination: When a lawyer asks question of her own witnessCross-examine: To ask questions of an opposing witnessDirected verdict: A ruling that the plaintiff has entirely failed to meet his burden of proof.JNOV: a judgment notwithstanding the jury’s verdict.Precedent: Earlier decisions by the state appellate courts on similar issues.
----Hernandez v Monteville: Worked for a school and was fired for poor performance but hes been saying that the school was bad. First awarded him nothing but then JNOV gave him nothing. He then appealed. The trial court error by rejecting punitive damages and by granting JNOV.Modify: the affirm the outcome but with changes.Reverse and remand: to nullify the lower decision and return the case for reconsideration and retrial.Harmless error: a mistake by the trial judge that was too minor to affect the outcome.Ch 5The Commerce Clause: Gives Congress the power to regulate commerce with foreign nations an among statesThe Supremacy Clause: Makes the Constitution, and federal statues and treaties, the supreme law of the landKennedy v Louisiana: raped his stepdaughter. Being in Louisiana voted him to death and he appealed it saying it was unconstitutional. It was cruel and unusual. And it was reverse.Judicial Activism: A courts willingness to be involved in major issuesJudicial restraint: a courts attitude that it should leave lawmaking to legislators.Texas v Johnson: Flag burning but reversed because of first amendment.