放开我╭(╯^╰)╮我要水！

vegetable03UID: 3761455

Digest 7
The three parties were ready to seek discovery37. Once the pleadings were filed, each attorney first served written interrogatories38 on the opposing parties, which were followed by depositions39 and requests for admissions40. Tord rejected to answer some questions during his deposition. As a result, Gipson’s attorney had to file discovery motion, asking for an order41 from the court compelling Tord to answer. A hearing42 was then held on Gipson’s motion. After listening to the parties’ argument, the judge granted the motion and ordered Tord to answer the remaining questions. Each party then filed a motion for summary judgment43. The judge denied the motion and the case was ready for trial.

vegetable03UID: 3761455

Digest 8
As the trial date approached, each of the attorneys received a notice requiring them to appear before a Magistrate44 for pretrial conference45, the magistrate prepared a pretrial statement for the trial judge on the case with the help of the attorneys, the statement contained those facts that had been stipulated46, the facts that were still in issue, and a list describing the tangible evidence47 and witness that each attorney in- tended to introduce48 during the trial.

vegetable03UID: 3761455

Digest 9
The case was eventually set for trial49. The three parties, their attorneys and wit- nesses assembled in the courtroom. The judge entered, took the bench, and instructed the bailiff 50 to summon a jury panel51 for the trial. After the prospective jurors were seated in the jury box, voir dire52 began. Several jurors were challenged for cause53 and dismissed. Several other jurors were dismissed as a result of peremptory challenge54. A panel of twelve jurors plus two alternates55 was ultimately selected.

vegetable03UID: 3761455

Digest 10
Gipson’s attorney rose and asked the judge that he wished to invoke the rule on witness56 after the jury had been seated. The bailiff led all of the witnesses out of the courtroom with the judge’s instruction. Gipson’s attorney then began the trial with his opening statement57 to the jury. When he finished, the attorney for Tord and Sawyer’s estate also delivered their opening statements. Subsequently, Gipson’s attorney began to call his witness because that Gipson had the burden of proof 58 . The first witness is a ten-year-old girl who had seen the accident that day. Tord’s attorney quickly rose and asked for a bench conference59. On the conference, he declared that he objected to the witness on the basis of competency60. The judge then excused the jury61 while he con- ducted an examination62 of the girl. As a result, the judge overruled63 the objection64 upon being satisfied that the witness was old enough to understand the obligation to tell the truth she knew.

vegetable03UID: 3761455

Digest 11
The jury then was summoned again into the courtroom, and Gipson’s attorney immediately began his direct examination65. After several questions, Tord’s attorney again objected on the theory that the child’s answer had been hearsay66. This time the judge upheld the objection and ordered the jury to disregard the boy’s answer and strike it from the record67. Gipson’s attorney then continued his examination of the witness for several questions before announcing that he had no further questions to ask. The attorney for Sawyer’s estate then rose to conduct her cross-examination68 of the girl. Tord’s attorney also conducted a brief examination. There was no re-direct examination69 .

vegetable03UID: 3761455

Digest 12
Gipson’s attorney called several other witnesses had seen the accident. Each wit- ness was examined and cross-examined. Then the judge announced a recess70 for lunch and ordered everyone to be back by 2:00 p.m. After the lunch recess, Neff called his fifth witness, Dr. Jones to begin her direct examination with a number of questions about the medical knowledge and experience. He then filed with a motion that Dr. Jones be recognized as an expert witness71. The judge granted the motion regardless of the objections by either defense counsel. Gipson’s attorney then told the doctor to identify as to the nature and extent of the injuries that Gipson had suffered from the accident. The doctor asserted that Gipson had suffered a broken knee, which had been permanently injured in addition to multiple cuts and bruises. In order to show the ex- pense these injuries had cost Gipson, the attorney also produced the original copies of the bills that the doctor had sent to Gipson. The judge ordered the clerk72 to mark the bills as plaintiff’s exhibit73 number one. After the bills had been inspected by the defense counsel, Gipson’s attorney then moved to the bills into evidence74.

vegetable03UID: 3761455

Digest 13
After Gipson’s attorney finished his direct examination with the final witness, Gipson himself. The attorneys for the defendants began to cross-examined Gipson. Gipson’s attorney rested his case75 after all the defense counsel had completed their questions. Then the judge adjourned76 the trial in the late afternoon.
One the following morning, the attorney for Sawyer’s estate told the judge that she had a preliminary matter to bring up before the jury was brought into the courtroom. She then proceeded on making a motion for a directed verdict77 in favor of the estate. Tord’s attorney made a similar motion on behalf of his client. The judge made his decision after all the parties’ argument. As to the estate, the judge would neither grant nor deny the motion but would take it under advisement78. As to Tord, the motion was denied because Gipson had produced sufficient evidence to make out a prima facie case79 of negligence which should go to the jury.

vegetable03UID: 3761455

Digest 14
The jury was brought into the courtroom for the second day of the trial. The attor- ney for Sawyer’s estate began the trial with an opening statement to the jury. She then called her witness individually to conduct her direct examination. It took about half an hour for her to conclude her case. After a lunch recess, Tord’s attorney proceeded to present his case in the afternoon. He had rested his case by late afternoon. The judge dismissed the jury until the following morning. He also ordered the attorneys to submit any jury instructions80 that they would like to request and be prepared for closing ar- guments81. Finally, the judge announced that he had decided to deny the estate’s earlier motion for a directed verdict.

vegetable03UID: 3761455

Digest 15
Closing argument began the following morning. Each attorney asked for a ver- dict82 in favor of his or her client. Then the judge began to instruct the twelve jurors as to the law they were to follow in finding the facts and in reaching a verdict. He explained the concept of burden of proof and illustrated which party has to carry this burden of proof as to each of assorted elements83 of negligence. Each element should be proved by a preponderance of the evidence84. This was the standard of proof85 for this sort of case. The jury was then led out of the courtroom to deliberate on the verdict.

vegetable03UID: 3761455

Digest 16
After about an hour and a half, the bailiff summoned everyone back to the court- room. The jury came next. At the request of the clerk, the foreman rose to read the verdict. On Gipson’s original complaint against Tord for negligence, the jury found for Gipson and against Tord, awarding Gipson $40,000 in damages. However, on Gipson’s complaint against Sawyer’s estate, the jury decided in favor of the estate, finding the Sawyer had not been negligent. The jury found for the estate on its cross-claim against Tord, its codefendant, awarding $800,000 damages to the estate. Finally, the jury found against Tord on his own cross-claim against the estate, as well as on his counterclaim against Gipson. The judge entered a judgment86 against Tord in the amounts awarded by the jury. Tord’s attorney made a motion for a judgment notwithstanding the verdict87 which was denied by the judge immediately. Tord’s attorney then immediately filed a motion for a new trial88. When this motion was denied again by the judge, he moved for a reduction of the verdict89 on the grounds that the amounts awarded were exces- sive. After the motion had been denied, the attorney declared his intention to appeal90. The judge granted a stay91 of the judgement, conditioned upon Tord’s filing a timely notice of appeal92 and posting the bond93.

vegetable03UID: 3761455

Digest 17
Since Gipson had originally sued for $100,000 and the amount awarded by the verdict was $40,000, Tord felt worried whether Gipson later sued him again for the rest of the amount he claimed. His attorney said that Gipson could not sue Tord again on the same cause of action, because Gipson had received a judgment on the merits94 that would he res judicata95 and would prevent any later suit on the same negligence of cause of action. Subsequently, Tord’s attorney filed hid notice of appeal with the United States Court of Appeals and posted bond the following week. Being the attorney of the appellant96, he should make sure that the transcripts97 and copies of exhibits, were dispatched to the Court of Appeals and the case was docketed98 by the clerk. Then Tord’s attorney served his brief on the appellees99. Gipson and Sawyer’s estate, who immediately filed their briefs100 concerning on the issues on appeal101.

vegetable03UID: 3761455

Digest 18
Twenty days past before the attorneys received a notice that the appeal had been scheduled for oral argument102 of the court. The arguments were heard a few weeks later. Six month after oral argument, the parties received the court’s decision in its written opinion103. The court affirmed104 the judgments against Tord. Subsequently, Tord petitioned for a rehearing105 by the court en banc106. The petition107 was denied. Tord followed his attorney’s advice and no further appeal was attempted.

vegetable03UID: 3761455

Reference

vegetable03UID: 3761455

1. The amount of money, which a plaintiff (the person suing) may be awarded in a lawsuit. Here it means an award of money (paid by the wrongdoer) to compensate the person who has been harmed.
2. When two or more persons are jointly and severally liable, they are legally responsible, together and individually. Each wrongdoer is individually responsible for the entire judgment. The person who has been wronged can collect from one of them or from all of them together.
3. A contract between attorney and client stating the nature of the services to be rendered and the cost of the services.
4. The act of a party or an attorney showing up in court. Once it is established that an attorney represents the person (by filing a notice of appearance or representation or actually appearing), the lawyer may make an appearance for the client on some matters without the client being present.
5. The attorney who has appeared in court and/or signed pleadings or other forms on behalf of a client. The lawyer remains the attorney of record until other attorney or the client substitutes for him/her. He/She is allowed by the court to withdraw, or after the case is closed.
6. A court, which has jurisdiction to hold a trial of a particular lawsuit or petition
7. All the property left by a decedent from which any obligations or debts of the decedent must be paid. 8. A kind of jurisdiction giving a federal court the power to hear a case based upon the fact that (a) the
parties to the litigation are from different states, and (b) the amount of money involved exceeds the amount usually $10,000. Pursuant to Article III, subsection 2 of the U.S. Constitution, and the federal Judicial Code. 9. The proper or most convenient location for trial of a case. In most judicial systems, there is more than one trial court, e.g., one for each county or district, the selection of a particular trial court within judicial
system is referred to as a “choice of venue”.
Normally, the venue in a criminal case is the judicial district or county where the crime was committed.
For civil cases, venue is usually the district or county which is the residence of a principle defendant, where a contract was executed or is to be performed, where an accident took place.

vegetable03UID: 3761455

10. The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another. The party filing the complaint is usually called the plaintiff and the party against whom the complain is filed is called the defendant or defendants.
Complaints are pleading and must be drafted carefully (usually by an attorney) to properly state the fact as well as legal basis for the claim (i.e., breach of contract, negligence, violation of a civil rights act name both the party making the claim and all defendants, and should state what damages or performance is demanded.
11. Every legal document filed in a lawsuit with the court stating the position of one of the parties on the cause of action or on the defenses.
Pleadings are required by state or federal statutes and/or court rules to be of a particular form and format: typed, signed, dated, with the name of the court, title and number of the case, name, address and telephone number of the attorney or person acting for himself/herself.
The act of preparing and presenting legal documents and arguments.
12. The party initiating the lawsuit. The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court determination of rights. 13. The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute
all the “elements” required by statue.
14. When more than one person or entity is sued in one lawsuit, each party sued is called a codefendant. 15. A claimed fact that a party will try to prove at trial.
16. A standard legal term used to indicate that the allegation is not based on the firsthand knowledge of the
person making the allegation but that person, nevertheless, in good faith, believes the allegation to be true. This phrase is often used in legal pleadings, declarations under penalty of perjury, and affidavits under oath, in which the person making the statement or allegation qualified it. In effect, he/she says: “I am only
stating what I have been told, and I believe it.”
17. A statement in the complaint in which the plaintiff asks for a specified sum of money as damages.
18. A trial of a lawsuit or criminal prosecution in which the case is presented to a jury and the factual
question and the final judgment are determined by a jury. This is distinguished from “court trial”. This distribution of responsibility recognizes the special qualities of the jury and judge.
If a case involves the interpretation of a contract, a question of fact is presented and a jury decision on the meaning of certain contract language relies on community experience as to common practices when persons enter into a contract. In contract disputes the judge decides whether a legally binding or valid contract has been made.
19. Formally presented to a court or to an opposing party.