Quiz 3: Court Procedures

Business

Discovery rules: Work-product refers to work created with an eye toward impending litigation. Attorneys should have a certain degree of privacy to devise their strategy and approach to the case. The trial process is adversarial. It is important that each lawyer can protect his ideas from opposing counsel.

Contingency fees are fixed as a percentage (generally 25% to 40%) of recovery of client in convinced kinds of lawsuits, such as lawsuit of personal injury. If the lawsuit does not succeed, the attorney does not receive any fees, but the client will have to reimburse the attorney for all out-of-pocket costs incurred.

a. The motion for pleadings was made to ask the court to decide the issue only on the basis of pleadings without proceeding to the trial. This motion was made when all the pleadings will be closed and judge will grant the motion when he will be satisfied that there is no further dispute on the question of fact and now sole issue is on the question of law. b. Motion for direct verdict made by the judge to the jury to return to particular verdict when a judge find that no particular jury would reach to the decision contrary to the earlier decision. c. Motion for summary judgment was filed by the either party to ask the court to enter summary judgment in his favor without any trial. It can be supported by evidence. d. Motion for judgment n.o.v (not withstanding the verdict) is filed when the judge does not withstand the verdict of jury or where judge believes that law was not properly applied in the trial court. In this motion, judge can amend or reverse the judgment of the trial court or jury. Motion for summary of direct judgment would be appropriate if the defendant claimed that the only issue between the parties was a question of law.

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