Chapter 3 example #84228

1. Pleadings 2.Motions 3. Discovery 4. Pretrial Conference 5. Trial

The complaint and answer (and other legal documents, taken together, are known as the pleadings. The pleadings inform each party of the other's claims and specify the issues

Complaint contains a statement alleging 1. The facts showing that the court has subject matter and personal jurisdiction 2. The facts establishing the plaintiff's basis for relief 3. The remedy the plaintiff is seeking A Summons is a notice requiring the defendant to appear in court and answer the complaint - They plaintiff must deliver, or serve, a copy of the complaint and a summons to the defendant

Typically, the defendant's response to the complaint takes the form of an ANSWER. In and ANSWER, the defendant either admits or denies each of the allegations in the plaintiff's complaint and may also set forth defenses to those allegations. Under federal rules, any allegations that are not denied by the defendant will be deemed by the court to have been admitted.

Meaning the plaintiff would be awarded the damages alleged in her complaint because the defendant failed to respond to the allegations

When a defendant denies the plaintiffs allegations and sets forth his own claim against the plaintiff

Defendant brings in another Defendant (wanting to blame someone else).

A party's attempt to get the case dismissed - A _______ is a procedural request submitted to the court by an attorney on behalf of her or his client. When a motion is filed with the court, the filing party must also send to, or personally serve, the opposing party a notice of motion - simply informs the opposing party that the motion has been filed.

A motion that may be filed by either party in which the party asks the court to enter a judgment in his or her favor based on information contained in the pleadings. A judgment on the pleadings will be made only if there are no facts in dispute and the only question is how the law applies to a set of undisputed facts.

A motion that may be filed by either party in which the party asks the court to enter judgment in his or her favor without a trial. Unlike a motion for judgment on the pleadings, a motion for summary judgment can be supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or during discover.

The process of obtaining information from the opposing party or from witnesses prior to trial is known as DISCOVERY - includes gaining access to witnesses, documents, records, and other types of evidence. This prevents surprises at trial by giving both parties access to evidence that might otherwise be hidden.

is sworn testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. The person deposed gives testimony and answers questions asked by the attorneys from both sides. The question and answers are recorded, sworn to, and signed. These answers, of course, will help the attorneys prepare their cases.

which are written questions for which written answers are prepared and then signed under oath. Main difference between interrogatories and written depositions is that interrogatories are directed to a party to the lawsuit (plaintiff or defendant) not to a witness

After discovery has taken place and before the trial begins, the attorneys may meet with the trial judge in a PRETRIAL CONFERENCE, or hearing. The purpose is to explore the possibility of a settlement without trial and, if this is not possible, to identify the matters in dispute and to plan the course of the trial.

Jury Selection

No description, the trial can begin once the first four steps are completed.

At the beginning of the trial, both attorneys are allowed to make _____________ setting forth the facts that they expect to prove during the trial Provide an opportunity for each lawyer to give a brief version of the facts and the supporting evidence that will be used during the trial.

These are a series of rules that the courts have created to ensure that any evidence presented during a trial is fair and reliable.

Who are you What do you know How do you know it

Evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action. Example: evidence that the defendant was in another person's home when the victim was shot would be relevant - because it would tend to prove that the defendant was not the shooter.

A testimony someone gives in court about a statement made by someone else who was not under oath at the time of the statement. Literally, it is what someone heard someone else say (Second Hand Knowledge).

Once both sides have rested their cases, each attorney presents a CLOSING ARGUMENT. In the closing argument, each attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his or her client's claim.