GSC BUSA 2106 Test 2 Flashcards

Terms Definitions
Civil procedure
what happens before, during and after a civil trial
Federal civil procedure
federal rules of civil procedure FRCP
Georgia Civil Procedure
Civil practice act (title 9 of the georgia code)
Wrong/Injury/Dispute
Someone must have a claim(standing)
Default Judgement
will be entered against the defendant if they do not respond within 30 days
Fixed Fees
a fixed flat rate fee for the entire case to your lawyer
Hourly with a retainer fee
pay a certain amount in advance to be applied to the attorneys hourly rate.
Contingency fee
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.
Pleadings
written documents (complaint and answer) that are filed with the court by each party informing the court and the other side of their position.
Complaint
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.
Corporate Service
can be on any officer of the corporation or on the registered agent of the corporations
Waiver
defendant can sign a document waiving formal service and consenting to trial
Answers
these are responds to each paragraph of the plaintiffs complaint. they include "admit", "deny" or "without sufficient knowledge to admit or deny"
Counterclaim
a claim by the defendant against the plaintiff arising from the same transaction in controversy.
Crossclaim
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
pretrial motions
procedural requests submitted by either party to the court
change of venue
to move the trial to where an impartial jury may be found
recusal
asking the judge to excuse him/herself because of bias
motion in limine
to exclude evidence from trial based on non constitutional grounds for example: evidence is prejudicial or inflammatory
motion for summary judgement
it can be filed at any time after the complaint and answer are filed and before the verdict is returned
grounds
there are no material facts in dispute, and the movant should win as a matter of law
Discovery
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.
Interrogatories
written questions submitted to the other party. Reply: writter answers and under oath.
Depositions
party.witness is questioned in person by the opposing attorney, under oath and this questioning is transcribed by a court reporter.
Request for production of documents and entry upon land
party can ask the other party for relevant documents and to be able to go onto anothers land to inspect relevant objects contained there.
Request for examination
party can have the other party or evidence, examined by their physician, psychiatrist, engineer, crash expert, etc if relevant.
Request for admissions
written questions asking the other party to admit or deny certain allegations
discovery sanctions
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.
Pre-trial conference
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.
Settlement
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
Why Settle?
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.
Voir Dire (jury selection)
judge and attorneys question portential jurors to determine bias and or best jurors to choose
Peremptory Strike
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
For Cause Strike
By the court, upon motion of a party, because a juror is too biased to be impartial
Opening Statements
a preview of eachsides case for the jury, it gives them what to expect
Rule of Sequestration
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.
Direct examination
asking questions to a witness you called to the stand
cross examination
asking questions to a witness the other side called to the stand
leading question
a question that suggests the answer they can only used asked during cross examination
Objections
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.
Sustain
the courts ruling if it agrees with the objection
overrule
the courts ruling if it disagrees with the objection
Relevance
evidence must be relevant to the case and its probative value must outweigh its prejudicial effect in order for it to be admissible
Hearsay
testimony made by a witness in court, reguarding what another witness said. and it is offered to prove the fact of the matter asserted.
Closing Arguments
Both attorneys argue the evidence, the inferences therefrom and their respective positions to the jury. the plaintiff goes first.
Charge Conference
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
Jury Charge
the judge reads to the jury the law they are to apply to the case
Jury deliberation
the jury decides the case in secret
Jury Verdict
the decision of the jury in a trial
Judgement
the judge reduces the jury verdict to writing
Judgement notwithstanding the verdict
made by the losing party to the trial court. normally it is made right after the verdict is returned
Motion for new trial
within 30 days, it gives the court a chance to correct its own legal errors
Appeal
filed within 30 days
Writ of Execution Fi FE
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
Garnishment
a copy of the udgement is presented to the personnel department of the defendants employer. a percentage is taken from their wages
Contempt
only if the defendant refuses to say where his/her assets are.
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