legal 101 13 - 17

A mini-trial is an informal, nonbinding trial in which disputing parties present their case to a judge or jury in a way that circumvents the numerous rules of evidence.

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A motion is a written document that might contain a summary of the facts, issues, rules, legal analysis, and a comparison with a client's facts; a case brief is a short summary of a published case.

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A preliminary hearing is a public process whereby parties involved in a legal dispute ask a judge, and often a jury, to decide the outcome of their legal matter.

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A private judge is an individual hired by the parties to decide disputed pretrial matters in civil actions.

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A redirect examination is the questioning that occurs when a witness is questioned by someone other than the direct examiner; in other words, questioning by opposing counsel, after the party who called the witness completes his or her examination.

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A request for admissions is a written request by one party to another to allow one side to see and copy documents or to physically inspect real or personal property that is relevant to the lawsuit.

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A request to produce or inspect is a written request by one party to another to admit or deny the truth of a statement or the genuineness of a document.

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A service receipt is a document that details when and how the papers were served; it is signed under penalty of perjury by the person serving the papers.

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A special master is an individual hired by the parties to preside over a trial; often a retired judge.

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A summary trial is a type of informal, nonbinding trial in which disputing parties, usually businesses, present their side of the dispute to a jury of executives from the businesses

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ADR usually provides a quicker means of settling disputes than traditional courts, but its process is usually much more expensive.

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According to the Fifth Amendment, hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted."

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An expert witness gives testimony about a subject of which the witness has personal knowledge.

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Arbitration is the process of discussing contested issues in an attempt to resolve disputes.

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Deliberation is the process to isolate a jury from contact with the media and the public during a trial.

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Hearsay is a tool used to attack a witness's credibility.

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Judicial inquiry is a pretrial process of acquiring information; the most common discovery tools are written interrogatories, depositions, and requests for production of documents and things.

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Jury selection is the process of questioning the jury to determine their suitability to serve on a jury panel; the prospective jurors may be questioned by the court (the judge) and the attorneys for both parties.

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Negotiation is an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute.

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Not every state has an evidence code.

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Original jurisdiction first involves determining if a case belongs in federal or state court.

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Sequester is the process of analyzing and discussing the evidence heard during the trial by the jury; it takes place in the jury room without the judge or the attorneys present.

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The exclusionary rule and its many exceptions help ensure that testimony is reliable and accurate.

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The finding is the decision of the jury.

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The voir dire is an attorney's first opportunity to address the jury with a summary of the case; it might include a summary of the facts and an outline of the evidence that the attorney plans to present.

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There are many exceptions to the hearsay rule and are listed in the U.S. Constitution.

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There are three types of exhibits: actual evidence, documentary evidence, and circumstantial evidence.

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cross-claim is a pleading in which the defendant asks for damages or other relief from a plaintiff.

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if the arbitration is nonbinding, the arbitrator's decision, referred to as an arbitration award, resolves the dispute.

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Essential to the success of alternative dispute resolution are the individuals who help facilitate the process: the arbitrators, mediators, and other neutral parties.

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General denial is a responsive pleading that denies each and every allegation contained in the complaint.

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If it appears that there is a bias or other legitimate reason that a person cannot sit as a juror, then that individual is excused for cause.

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In rem jurisdiction refers to jurisdiction conferred on a court that may lack personal jurisdiction because the "thing" that is the subject of the dispute is located within the state.

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In some cases, features of alternative dispute resolution are combined with the litigation process.

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Judicial notice is sometimes taken when the court believes that the information is common knowledge.

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Long-arm statutes are state laws that describe the circumstances in which the state may exercise jurisdiction over nonresident defendants.

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Many community mediation boards use the services of volunteers to act as mediators. They are often not attorneys.

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Mediation is a process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person, the mediator.

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Pleadings are written documents that describe the contentions and allegations of the parties the plaintiff and the defendant.

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Quasi in rem jurisdiction refers to jurisdiction based on personal property located within the state; any judgment is limited to an amount equal to the value of the property.

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Relevancy involves a two-pronged test. First, ask whether the evidence tends to prove or disprove a fact of consequence. Second, ask whether the evidence should be withheld from the jury (excluded) because it is confusing or unfairly prejudicial.

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Rule 602 explains that a foundation must be built before the lay witness may testify.

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The Federal Arbitration Act applies to maritime cases and state and federal cases involving interstate commerce.

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The Federal Rules of Evidence govern evidence in federal courts.

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The burden of proof is on the plaintiff.

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The jury selection process starts long before the actual day of the trial.

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The most common attributes used to discredit a witness are personal bias, prior inconsistent statements, prior convictions, and character for untruthfulness.

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The plaintiff presents his or her case in chief through the testimony of various witnesses.

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There are four basic types of evidence: the testimony of a witness, exhibits, facts that the attorneys have stipulated, and judicial notice.

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A counterclaim is a pleading in which the defendant asks for damages or other relief from a co-defendant.

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A cross-examination of a witness is the examination that occurs when the direct examiner questions the witness after the initial examination.

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A lay witness testifies about conclusions that may be drawn based on his or her expertise.

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A case in which a party requests money damages is sometimes called a case in equity.

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A case in which a party requests specific release is sometimes called a case at law.

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"Restorative Justice," a relatively new process, takes a somewhat different approach. It does not abandon guilt or punishment, but incorporates these into a process that attempts to address the harm that was committed both to the victim and to the community.

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A closing argument is the argument given just prior to the judge instructing the jury; the attorney's last opportunity to address the court and the jury. It includes a summary of the facts, issues, evidence, and conclusions that may be drawn from the evidence.

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A demurrer is a pleading used in some states to challenge the legal sufficiency of the complaint.

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A peremptory challenge is the right of an attorney to challenge a prospective juror without stating a reason for the challenge.

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A pretrial conference is a meeting between the attorneys and the judge that takes place before trial.

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A rebuttal is the presentation of evidence and additional witnesses in response to evidence and issues raised in the defendant's case in chief.

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A recross-examination is the examination of a witness that occurs when the cross-examiner questions the witness after the redirect examination.

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A referee is an individual hired by the parties to decide disputed pretrial matters in civil actions.

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A settlement occurs when the parties reach an agreement on some or all of the issues without actually going to trial; if settlement is on some issues, the remaining issues are litigated or tried.

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A specific denial is a detailed or specific responsive pleading; it addresses each allegation by number.

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A typical trial includes a judge, a court clerk, a court reporter, the plaintiff's attorney (or, in a criminal matter, the prosecutor), the defendant's attorney, a jury, and a bailiff.

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ADR may be binding or nonbinding on the disputing parties.

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According to Federal Rule of Evidence 401, "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action."

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Actual evidence (also referred to as real evidence) might include the weapon used in a crime or the purse that was stolen.

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Affirmative defenses are defenses raised by the defendant in the answer; reasons why the plaintiff should not recover even if all of the allegations of the complaint are true.

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After each party rests its case, the closing arguments are presented to the court and the jury.

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An arbitrator is an individual who presides over an arbitration hearing and renders a decision.

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An early neutral evaluation is a proceeding that takes place early in a civil case in which the disputing parties meet with a neutral person who evaluates the case in an attempt to settle the dispute.

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Appellate remedies are very limited in arbitration matters.

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As part of the jury instructions, the judge explains the jury process and the role of the jurors, who must follow the instructions, as the trier of fact.

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Before any court can resolve a dispute between individuals, it must have the basic power or authority to hear the dispute and to render a decision.

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Binding arbitration is a complete substitute for the court process.

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Circumstantial evidence is indirect evidence that provides the jury with information from which inferences may be drawn.

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Demonstrative evidence is a type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photographs.

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Direct evidence proves a point.

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Documentary evidence is a type of actual evidence including writings such as reports, business records, and correspondence.

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