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BUSI 2371 Test 2
| Question | Answer |
|---|---|
| Both sides gather info, levels field through Disclosure of witnesses, depositions, written iterrogatories, request for admissions, request for production, and request for physical/mental exams. | Discovery Stage |
| Must furnish the other side with information about witnesses that might testify along with what they will testify. If a witness is not disclosed, they may not testify. | Disclosure of witnesses (DS) |
| Bring witness into court and court reporter takes down sworn testimony. | Deposition (DS) |
| Written questions the plaintiff and defendant can send each other. Questions that need no further development, not sent to witnesses. | Written interrogatories (DS) |
| Questions you ask the other party to admit certain things. Cuts time because these things are already proven. Other party either admits/denies. If not answered, the court deems them admitted to. | Request for Admissions (DS) |
| Can ask other side to produce any physical evidence you may present in trial. Don't produce, can't use. | Request for Production (DS) |
| Plaintiff and defendant can request for mental exam. | Request for Physical/Mental Exam (DS) |
| Before trial, present these to a judge to get a ruling. | Motion Stage |
| Used when you feel that the other side is going to introduce a testimony that is not admissible. Ex: Irrelevant, hearsay. You can ask the judge ahead of time to disallow them from asking the question. | Motion in Limine (MS) |
| You can ask to destroy physical evidence that would inflame the minds of the jury. | Motion to Quash (MS) |
| Reason a lawyer can't do a case on a certain day, postpones trial/hearing. | Motion for Continuance (MS) |
| Claims that the defendant doesn't have a legal defense, wants to slow walk until he has enough money to pay. (Because he knows he is guilty, vice versa, cause of action) | Motion for Rejudgement (MS) |
| Punish the other side for not following the rules. | Motion for Sanctions (MS) |
| People who have been summoned for jury duty. | Venire (SP) |
| Elminating those not qualified | Selection process (SP) |
| Can't be a felon or charged with felony, misdemeanor theft, crimes of moral terpitude, jury more than 6 days within last 6 months, 18 years, read/write english, sound mind/moral character. | Disqualifications from Venire (SP) |
| Eliminating those with exemption | Selection Process (SP) |
| Caretaker of child under 12/invalid, armed forces/active duty and stationed outside the country, member of legislature, over 70 years old. | Exemptions from Venire (SP) |
| People can ask the court to let them go | Discretionaries from Venire (SP) |
| Process where attorney for both sides will ask questions of whoever is left to determine who would be most qualified to impartially listen to testimonies and vote non-biased. Critical because of bias/prejudice, attorneys try to get people to divulge info. | Voir Dire (Speak the Truth) (SP) |
| Tell the judge that you could not be an impartial juror | Challenge for Cause (voir dire) ((SP) |
| show that in spite of what he/she said, they can still be impartial | Rehabilitation of challenge for cause (voir dire) (SP) |
| Strikes, each side can scratch a certain number of people for any reason except to racially stack a jury. | Preemptory Challenges (voir dire) (SP) |
| Plaintiff has to prove the case | Burden of Proof |
| Has to prove case beyond reasonable doubt | Criminal Case BOP |
| Only has to prove cause by reponderance of evidence (greater weight of evidence) | Civil Case BOP |
| Plaintiff didn't put enough evidence to support a judgement: prima facie | Motion for instructed (directed) verdict (TS) |
| Regardless of what the verdict; jury went against reasons, judge can overrule jury | Motion for Judgement NOV (TS) |
| One who wants to appeal | Appellant (AS) |
| Appellant files motion for new trial with trial court | Lists judges mistakes, step one of AS |
| Appellant files brief with appeals court, sends copy to appellee | Step 2 |
| Appellate court reviews briefs and issues decision: | Step 4 of AS |
| Upholds lower court decision | Affirm (AS) |
| Reverses lower court and sends back for new trial | Reverse and Remand (AS) |
| Reverses and delivers new ruling | Reverse and Render (AS) |
| Only way to put someone in jail for a civil case | Child support failure to perform |
| Lien on non exempt real property. Judgement creditor files shorthand memorandum to county clerk. Becomes a legal clain to property until debt is paid. | Abstract of Judgement |
| Land & anything permanently affixed to it | Real property |
| Property a creditor can't get | Personal property |
| Court order which directs a constable/sherriff to go out and try to find and on exempt personal property the judgement debtor has. | Writ of execution |
| Order of the fourt for judgement debtor to get his property and bring it to the constable. | Turnover order |
| Court order to a 3rd party who owes money to judgement debtor. Tells 3rd party to not pay the debtor, but to freeze it and pay it to the judgement creditor. | Writ of garnishment |
| Less time consuming, less expensive, less litigious | Alernative dispute resolution |
| Collaborative divorces, mediation, counseling | ADR |
| Binding proceeding where the parties present case to a 3rd party that makes a decision that is binding just like a judgement. | Arbitration |
| not binding, court orders arbitration because they feel it is more appropriate. arbitrator offers a reward and you can take it or go to trial. | Court-Annexed Arbitration |
| 3rd party tries to get the parties to agree on a settlement that the court will turn into a judgement. | Mediation |
| try to find out what a trial would do with a case. non-binding. used to see what awards would look like, and also for client control. | Summary (mini)trials |
| Congress has power to lay and collect taxes to pay debt of the united states. | Tax Clause |
| Primary Basis for regulation | Article 1 Section 8 |
| Congress has power to regulate interstate commerce. | Commerce Clause |
| Stretches power of federal government, congress can do anything necessary and proper to run the government. | Necessary and Proper Clause |
| Applies to Businesses as much as possible | Bill of Rights |
| Only part of BOR that doesn't apply | 5th amendment self incrimination |
| Within the executive branch to enforce laws | Administrative Agencies |
| Gives power to agencies to enforce law | Enabling Statutes |
| Interpret statute for societies' understanding | Interpretive Rule |
| Defines what is acceptable/not acceptable and imposes a sanction | Substantive Rule |
| How you deal with an agency, how to challenge it, etc. | Procedural Rule |
| An agency sends an agent to inspect and make sure rules are being followed. | Direct Observation |
| Can require businesses and individuals to file reports saying that they are complying with laws. | Self-Reporting |
| Court order making you turn over records | Subpoena |
| Fines, incarceration, seizure of property, withholding of funds, suspension of licenses. | Enforcement of Agencies |
| Standing, exhaustion of remedies, ripeness | 3 Requirements for Judicial Review |
| Must have personal interests (be personally affected) bu the agency | Standing (Judicial Review) |
| When you have exhausted all agency steps and procedures | Exhaustion of Remedies (Judicial Review) |
| When the decision of the agency is final you can go further | Ripeness (Judicial Review) |
| Congress controls purse strings, self-reporting, audits, veto actions. | Congress' Direct Checks against Agencies |
| Freedom of information act - all federal agencies must, upon request, share information with anyone. | Congress' Indirect Checks against Agencies |
Created by:
shannontevlin
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