Law and Litigation

Spring 2004

(Student must know these at a minimum plus text and classroom notes)

Motions: in limine, summary judgment

Judgments and verdicts: JNOV, directed verdict

Appeals: basic procedures, bond.

Petition for Certification/Certioriari

Orders

Memorandum of Law

affidavit/affiant

Motions: to strike, more definite

Removal

Drafting pleadings, answers, affirmative or specific defenses Interrogatories - when must they be answered in state court Possible objections to interrogatories and other discovery devices

Deposition: deponent, CSR, indexing, electronic transcript- role of

Impeachment at trial

CALR or Computer Assisted Legal Research

What is a: tickler, docket calendar

Reasons for control of documents prior and during trial

How to draft interrogatory questions, who may be asked to answer interrogatories

Stipulation

Bates stamping

Rebuttable evidence

Reasons for conference with the judge prior to trial

Steps to prepare for subpoenas: duces tecum, ad testificandum

Types of deposition indexing and digesting

Redaction

Request for physical and mental exams - federal and state rules: discovery - uses for...

FOIA - what it is used for - how to use it.

Witness preparation, testimony, hearsay evidence, privileges, attorney workproduct.

Settlement, ADR, mediation, arbitration, med-arb, summary trial. Types of damages:

LOEL, hedonic, pain and suffering, punitive.

Settlement precis

Settlement brochure/portfolio

Day in the life video calendaring

Release Settlement agreement - watch for confidentiality issue

Stipulation for dismissal - various forms FAA?

ADR: negotiation, mediation, arbitration

Post trial discovery: what is it? When used?

Garnishment: garnishee, judgment debtor, execution: filing, sheriff's role in execution,

Trial: juries, sources for information

Trial notebook Voir dire, in limine, jury instruction, preemptory damages, preemptory challenge, challenge for cause, prima facia case. Shadow jury, polling the jury

A federal statute used to gain access to documents is called the __________________________..

In New Jersey the _____________________________creates the rules by which all courts in the state operate.

In New Jersey, a ____________________- is an application to a court to exclude highly prejudicial material from trial.

After receiving a judgement against a defendant in New Jersey Superior Court, a plaintiff, to domesticate the judgment, would ____________________ the judgement in the county in which the defendant's property exists.

Some statutes authorize a prevailing party to collect _____________________in addition to costs of the suit because it benefits the public interest.

A ___________________ is an informal document which a settling party executes which gives up his/her rights to future action against the adversary in order to induce resolution prior to formal adjudication by a court.

A ______________________is a document which is entered formally by a judge which formalizes an agreement between two litigating parties settling a suit.

__________________________can be used as an affirmative defense to negligence if a plaintiff had complete knowledge of and consented to the dangers of an activity in which he/she participated in which later caused him/her injury.

A non-binding method of resolving a dispute involving a neutral is called ________________________.

A binding method of settling disputes outside of court generally found as the last step of a grievance procedure in labor - management contracts in the public sector or is found in the automoblile negligence area is called ______________________.

A type of injunction sought under emergent situations in domestic violence cases is a(n) ____________________.

In discovery, portions of documents that are privileged can be omitted from production by ____________________.

All your non-party witnesses should be __________________________to make sure that they appear at trial.

On appeal in Superior Court in New Jersey, the Court Rules require that parties attempt to agree on an addendum to their briefs called __________________________.

The way an attorney may remove a prospective juror who otherwise is competent to be a juror is through the use of a challenge called ___________.

The examination of the plaintiff's witnesses on the stand which is performed by the plaintiff's attorney is called _____________.

If a criminal is sued on a civil matter in New Jersey Superior Court the standard of proof which must be met for the plaintiff to make his case is _________

When making an appeal in federal court, the appealing party must post a __________________.

Examining the validity of a document at trial or examining a prospective juror is called ___________________.

A type of appeal made prior to a judgment or verdict very often used to question denial of discovery requests is called _________________