Chapter 7
3 types of Guilty Pleas
1. guilty plea
2. plea of nolo contendere (admitting only that the government probably has enough evidence to convict)
3. an Alford plea (it lets defendants plead guilty while protesting their innocence
Post-Trial Motions and Appeals: After conviction and sentencing, the defendant may file the following "motions":
1. Motions for a new trial
2. motions for judgment of acquittal
3. motions to vacte (correct sentences due to clerical error)
Statutory Actions
2 types of pleadings and what they are
1. Notice pleading: gives parties fair notice of the general facts & legal issues in dispute
2. Fact pleading: requires parties to describe specific facts in support of their legal claims
What is en banc?
When all judges in a circuit decide a case
a negotiated guilty plea (deals to get less time)
Civil procedure
a complex body of formal rules by which courts conduct trials to resolve private disputes
Third-Party Litigation Funding
allows an independent third party, with no direct connection to the claims of a lawsuit, to fund a civil litigant in exchange for a share of the damages awarded
Motions
A series of rule-based, pretrial activities that allow parties to gather information for trial
Agenda setting
Staff attorneys and law clerks work on their assigned cases
Retribution
revenge; eye for an eye
civil litigation is criticized as being ___
"too expensive" and unfair
3 types of damages
1. Compensatory damages (money)
2. Punitive damages (punish defendants and deter future violations)
3. Nominal damages (deliver a positive outcome in cases involving no harm)
5 basic types of discovery
1. Interrogatories
2. Requests for production
3. Requests for Admissions
4. Depositions
5. Motions for physical or mental examinations
Oral argument
Provide a forum for exchange and persuasion and give judges information they may otherwise overlook.
Deterrence
put in jail to avoid commiting crimes again
__% of judicial businesses involves civil cases
70%
Injuction
Seventh Amendment
Guarantees civil litigants a jury trial only if the amount in controversy is more than $20
Judicial Conferences
Help with case disposition and determine who will write the controlling opinion
Rehabilitation
treating offenders; reintroduce to society
Most common state civil case
A declaratory judgement
clarifying the rights that the law affords
Appeals Process Stages
1. Agenda setting
2. Oral argument
3. The judicial conference
4. Opinion writing
Opinion Writing
Judges write judicial opinions