Ch 2. Courts and Court Systems

Question 1

Lawsuits are driven by ___. In the absence of it, even the most meritorious of cases cannot be pursued. (22)

Answer 1

evidence

Question 2

___ is tangible evidence that can be brought into court and examined. it is also referred to as demonstrative evidence. (22)

Answer 2

Real evidence

Question 3

___ is evidence that comes into court through the testimony of a live witness. (22)

Answer 3

Testimonial evidence

Question 4

___ is evidence that proves a fact, without the necessity for an inference or presumption. Generally comes from the testimony of a witness who has firsthand knowledge of an event or fact through their own sense of sight, hearing, smell, taste, or touch. (22)

Answer 4

Direct evidence

Question 5

The testimony of a witness who personally observed a person lighting a fire would be an example of ___. (22)

Answer 5

direct evidence

Question 6

___ is evidence that requires someone to infer, deduce, or presume something from the direct evidence that is presented. (22)

Answer 6

Circumstantial evidence

Question 7

Testimony that the defendant entered a vacant house at 10pm with a fluid container in his hand, left the house at 1005pm without the container, and at 1010pm the house was observed to be on fire would be an example of ___. (22)

Answer 7

Circumstantial evidence

Question 8

For evidence to be admissible in court, it must be __3__. (22)

Answer 8

1) relevant
2) probative
3) competent

Question 9

4 parts to a civil lawsuit: (23)

Answer 9

1) the pleadings phase
2) the discovery phase
3) the trial
4) the appeal

Question 10

___ is a series of allegations by the plaintiff that the defendant did certain things which somehow injured or damaged the plaintiff, and that constitute a claim upon which the court should take action. It must also contain a specific request that the plaintiff is seeking the court to order. (23)

Answer 10

The complaint

Question 11

The complaint and the answer make up what is known as the ____ of the case. (23)

Answer 11

pleadings

Question 12

The action of serving a party to a lawsuit with the summons and complaint is called ___. (23)

Answer 12

service of process

Question 13

The ___ serves as official notice to the defendant of the existence of the lawsuit and requires them to answer the complaint within a designated time period or lose the case on a default. (23)

Answer 13

summons

Question 14

The ___ phase of a lawsuit is most commonly the longest phase; it is the opportunity for each side to learn about the evidence and witnesses that the other side has. (24)

Answer 14

discovery

Question 15

Maximum of 30 written question, required to be answered under oath, and used as an inexpensive discovery tool to gather basic information relevant to the case. (24)

Answer 15

Interrogatories

Question 16

A ___ is a procedure by which a party to a lawsuit may compel another party or a witness to appear to answer questions under oath; the take place at an attorney’s office or in a neutral location, but not in court.

Answer 16

deposition

Question 17

A request to decide the case prior to trial is termed a ___. (25)

Answer 17

motion for summary judgment

Question 18

The role of ___ is to oversee the progress of the case through the pleadings, discovery, and trial phases, and in the process make a ruling on questions of law. (26)

Answer 18

the judge

Question 19

Ruling on ___ refers to the interpretation of law and the application of legal principles to the issue in the case. (26)

Answer 19

questions of law

Question 20

The party seeking to prove their case must affirmatively establish the facts to certain degree in order to prevail, this is called ___. (27)

Answer 20

burden of proof

Question 21

[in civil law], the ___ in the case generally has the burden of proof. (27)

Answer 21

plaintiff

Question 22

In a criminal case, the burden of proof is ___. This heightened burden of proof is considered to be an important safeguard wrongful criminal convictions. (27)

Answer 22

beyond a reasonable doubt

Question 23

The burden of proof is always on the ___ in a criminal case. (27)

Answer 23

prosecution

Question 24

When a jury has decided a case based upon the facts, we say the case has been ___. (29)

Answer 24

decided upon its merits

Question 25

Should a judge dismiss a case or grant summary judgment prior to the case reaching the jury, we say the case ___. (29)

Answer 25

never reached its merits

Question 26

In federal court, the right to a jury trial in a civil case attaches if the amount in controversy exceeds ___. (30)

Answer 26

$20

Question 27

The purpose of ___ is to ensure that the rulings of law made by the trial judge and the procedure used in conducting the trial were proper. (31)

Answer 27

an appeal

Question 28

There is no appeal of a decision of fact made by a jury. Only ___ can be appealed. (31)

Answer 28

questions of law

Question 29

Typical appellate-level courts consist of between __ and __ judges. (31)

Answer 29

3 and 9

Question 30

Because the focus of an appeal is on questions of law, there is no need for ___ on appeals. (31)

Answer 30

a jury

Question 31

A state’s ___ is the supreme authority on matters of state law. (32)

Answer 31

highest appellate court

Question 32

___ is latin for “let the decision stand.” Adhering to this principle allows court decisions to set precedent on a given matter. (34)

Answer 32

Stare decisis

Question 33

Stare decisis only applies to what courts? (34)

Answer 33

courts in the same jurisdiction that are at the same or lower rank as the court rendering the original decision.

Question 34

___ is the final interpreter of the US Constitution. All courts must apply stare decisis to decisions of the supreme court on matters related to the US Constitution. (34)

Answer 34

The US Supreme Court

Question 35

After our formal education is over, a great deal of what we learn comes from ___. (37)

Answer 35

the media

Question 36

If you hear something in the law that doesn’t make sense, then you don’t have ___. (37)

Answer 36

all the information

Question 37

___ are books that contain summaries of cases organized by topic. (39)

Answer 37

Digests

Question 38

___ are books that are intended to help a legal practitioner advise and represent a client; they are focused on certain areas of the law. (39)

Answer 38

Practice books

Question 39

Lawyers try to characterize an issue in a case in such a way that a common sense answer will favor their case. This is called ___. (40)

Answer 39

framing the issue

Question 40

At trial, ___ make decisions on questions of law, and ___ make decisions on questions of fact. (41)

Answer 40

judges; juries

Question 41

Appellate courts establish precedent when deciding cases that come before them by virtue of ___. (41)

Answer 41

stare decisis

Question 42

Only questions of ___ can be appealed. (41)

Answer 42

law