Chapter 3 Summons served to the defendant A summons is the court s written notice that a lawsuit has been filed against the defendant The summons must be delivered to the defendant when he or she is physically within the state which the lawsuit is filed Complaint short plain statement of the facts alleged and the legal claims made Service of Process the process of serving the papers to the defendant the summons and complaint papers Answer Denial s Affirmative Defenses e g Statute of Limitations Cross Complaint filing a complaint against the original plaintiff Pleadings the documents that begin a lawsuit consisting of the complaint the answer and sometimes a reply Motion s to Dismiss reasons to dismiss the case such as the plaintiff may have filed the complaint too late Also known as motion for summary judgment motion for summary adjudication Discovery the evidence exchange of information physical mental examinations etc and whatever needed for the case Depositions One party s lawyer is allowed to question the other party or a potential witness under oath Interrogations Written questions that the opposing party must answer in writing under oath Request for Production of Documents Things Document Inspection Demand Each side may ask the other side to produce relevant documents for inspection and copying to produce physical objects such as part of a car alleged to be defected and for permission to enter on land to make an inspection Request for Admissions the defendant gets to either accept some of the complaints made or deny them in order to narrow down the objective of the case Physical or Mental Examination A party may ask the court to order an examination of the other party if his physical or mental condition is relevant E Discovery electronic discovery Discovery into computers e documents e g email drafts Electronically stored information can be burdensome Electronic document retention retrieval plans necessary or Court may impose severe penalties if production of records is incomplete or inadequate can be costly Motion for summary judgment A ruling by the court that no trial is necessary because some essential facts are not in dispute Pre Trial Conference 1 seeing if all the required information and such are ready for the case to go to trial 2 Foreshadow of how your judge will handle the information and the case Jury Selection voir dire Chosen by DMV records and voter registration Both party s attorneys can ask the jury various questions Challenges to potential jurors Challenges for Cause removable of juror for a certain cause Peremptory Challenges removable of jurors for specific reasons that may be judged to be discriminatory Court can impose penalties against parts attorneys who misuse juror challenges e g discrimination Opening Arguments jury will listen to first statements and hold the lawyers to those statements Jurors pay more attention to plaintiff s lawyer s statement Direct Examination questioning by a party or party s witness by that party s attorney can bring out documents Cross examination questioning by a party or party s witness by an opposing attorney Re Direct examination Re Cross examination Closing Arguments closing arguments to jury Jury Instructions Jury Deliberations Jury Verdict Motion for New Trial Judgment the final ruling Enforcement of Judgment Motion for J N O V Jury notwithstanding the Verdict a judgment notwithstanding the jury s verdict Judgment Debtor Examination person who lost the case will talk to the person who won and honestly tell them their finances to determine how the payment will work out Writ of Execution e g against property bank accounts the court s power to forcibly take the money owed to another person either through property or bank account Wage garnishment an order put out to the person who needs to make repayment so that part of his salary will be taken and given to the person who gets repaid judgment Proof a person unable to pay Alternative Dispute Resolution ADR Arbitration having a third person make the decision Mediation having a third person to help settle between the two Private judging paying a fee for a third person typically a judge to preside over the case and make the judgment Chapter 8 Levels Classifications of Crimes Ladder of Crimes Felony imprisonment for at least 1 year Misdemeanor and imprisonment for up to a year Petty Offenses Infractions No Crime Guilt Essentials for a Crime Criminal Liability 1 Existing Criminal Statute 2 Criminal Act 3 Criminal Intent Incapacity 3 I s Defenses to a Crime Self Defense Miranda rights warnings Constitutional Rights Criminal prosecution 4th amendment 5th amendment no forced self incrimination due process no double jeopardy 8th amendment Grounds for warrantless search Infancy minors Insanity M Naghten test craziness insane Irresistible Impulse Intoxication lack of specific intent weakest defense only lessens charges no unreasonable search or seizure arrest warrants search warrants based on proper showing of Probable Cause Prohibits excessive fines and cruel and unusual punishment Plain view Consent Lawful Arrest including Hot Pursuit Stop and Frisk Emergencies