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BUSI 2371 Test 2

QuestionAnswer
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