All over my...
Plaintiff
party that files the complaint
This is a summary of the case attempting to persuade the jury (or judge if no jury) to agree with this interpretation of the case.
closing argument
court order for a person to do or not to do a certain act
injunction
court will order defendant’s property be seized or sold. Proceeds, after deducting cost of seizure and sale, are used to pay judgment
write of execution
jury's decision
failure to appear in court
contempt of court
Parties are free to develop support for their cases This may involve sworn statements called depositions from parties & witnesses May also include sending interrogatories which are written questions that must be answered
discovery
may modify or reverse the judgment of the lower court Or it may order a new trial If there was no error, then affirming the judgment of the lower court will occur
daily double
appellate court
plaintiff makes allegations which detail the injury he/she received by the defendant, & asks for relief in the form of $$ damages or an injunction
complaint
This is the legal process of determining whether someone is guilty or not guilty of a crime
what is a trial
monetary award by the court to a person who has suffered loss or injury b/c of an act or omission of another
damages
meant to put injured party in position he/she was in prior to the injury/loss
compensatory damages
generally only awarded in intentional tort cases; meant to punish the person who inflicted the injury; amt. would be above and beyond compensatory damage amt
punitive damages
In a civil trial, each juror must determine whether a preponderance of the evidence supports the plaintiff’s case
jury deliberation
This is what lawyers will do right away prior to preceding with their case and testimonies
Fact pattern analysis
These statements briefly outline what the plaintiff and defendant will try to prove.
opening statement
Provides for the right to a jury trial in civil cases involving more than $25 Most states, however, don’t have such a guarantee in their constitution Both plaintiff & defendant may decide to forego a civil trial by jury
7th amendment
Made up of 6 to 12 citizens—jurors In most states, jury decisions in civil trials do NOT have to be unanimous—however, in IL they do have to be unanimous
written order commanding a person to appear in court and testify
subpoena
This area of the trial includes analyzing other witnesses
cross exam
Complaint and answer are the first exchanges in the pleadings. These consist of a sequence of motions, answers to motions, and other strategies that narrow the issues to be resolved at trial. If defendant doesn’t answer
daily double
pleadings
This is the most common form of evidence. These are statements made by witnesses under oath
testimony
This is a court order for the defendant to appear in court and answer the complaint (subpoena)
Summons
Daily Double
What are the three examples of judicial error?
daily double
incorrect instructions
admitting evidence that should have been REJECTED
excluding evidence that should have been INCLUDED
Failing to exercise reasonable care, causing injury or harm
negligence