Key Terms
Definition
The proper geographic location of the court to hear a case; determined by the court's connection to the events that gave
Requires
The defendant must have some form of minimum contacts with the state where the case is filed.
Purpose
Each side finds out what the other side knows. Designed to prevent trial by surprise.
Example
A company doing business statewide is subject to jurisdiction in that state's courts. But the proper venue is the county
PRO SE LITIGANTS
Individuals who represent themselves without an attorney. Courts hold them to the SAME standards as attorneys.
Function
Listens to evidence, deliberates, applies law (as instructed by judge) to the facts, and reaches a verdict.
If grand jury finds probable cause
Government may bring criminal charges.
Key fact
The grand jury does NOT determine guilt or innocence. It only determines whether charges should be brought.
Role
Prevents prosecutors from abusing their powers of arrest and indictment.
Scope
Meets for an extended period; hears multiple cases.
Applicability
Required at the federal level and in most states.
Verdict standard (criminal)
Must be UNANIMOUS to convict.
Process
1. Jurors fill out written questionnaire (occupation, conflicts, potential conflicts of interest)
Key rule
Parties must turn over material supporting their own case WITHOUT being asked, unless it is protected by attorney-client
SPOLIATION
Failure to preserve and produce key evidence. Can result in severe sanctions against the offending party.