Ch. 5 & 6 Review

Question 1

An order commanding a person to appear and bring certain papers or other materials that are pertinent to a legal action is a

Answer 1

subpoena <i>duces tecum</i>

Question 2

A written statement of the particulars of a complaint showing the details of the amount owed is called

Answer 2

bill of particulars

Question 3

Depositions, production of documents and things, and physical and mental examinations are the most common methods of

Answer 3

discovery

Question 4

Information about the creation of a computer document or file, akin to an electronic fingerprint, is called

Answer 4

metadata

Question 5

After an action has begun, any party to a suit may ask written questions of any other party to a suit.

Answer 5

False

Question 6

Subpoena ad testificandum is an order commanding a person to appear and testify in a legal action.

Answer 6

True

Question 7

Cross questions are asked in response to redirect questions.

Answer 7

False

Question 8

The safe harbor provision protects a party from discovery sanctions when a party cannot produce ESI because it was lost due to the routine, good-faith operations of a computer.

Answer 8

True

Question 9

Court-ordered penalties for failing to produce evidence are called discovery sanctions.

Answer 9

True

Question 10

A challenge to the whole jury because of some irregularity in the selection of the jury is called

Answer 10

challenge to the array

Question 11

People elected to serve as members of the legislative body of a city are called

Answer 11

alderpeople

Question 12

When a sheriff obtains bystanders or people from the county at large to serve on a jury, the jurors who are chosen are called

Answer 12

talesmen

Question 13

A pretrial motion asking the court to prohibit the introduction of prejudicial evidence by the other party is called

Answer 13

motion <i>in limine</i>

Question 14

When an order for jurors is sent to a city, the mayor personally chooses a number of people for jury duty

Answer 14

False

Question 15

Members of a jury must stand indifferent.

Answer 15

True

Question 16

Selectpeople are men and women elected to serve as the chief administrative authority of a town.

Answer 16

True

Question 17

A writ of venire facias orders the city or town to provide a list of everyone of good moral character who is eligible to serve on a jury.

Answer 17

False

Question 18

Alternate jurors are impaneled in case of sickness or removal of any of the 12 jurors who are deliberating.

Answer 18

True

Question 19

After an action begins, any party may take the testimony of any person, including a party, by __________.

Answer 19

deposition on written questions or oral examination (either answer is correct)

Question 20

When a case goes to court, depositions may be used to contradict or __________ any contrary testimony of a witness.

Answer 20

Impeach

Question 21

Depositions are taken before a person authorized to administer oaths, such as a __________.

Answer 21

notary public

Question 22

A witness who gives testimony under oath is known as a __________.

Answer 22

Deponent

Question 23

An important method of discovery that happens before the trial occurs is the __________, which is the testimony of a witness given under oath, but not in open court.

Answer 23

Deposition

Question 24

Amending the pleadings, limiting the number of expert witnesses, and obtaining admissions of fact are actions that a judge may consider doing in a __________ .

Answer 24

Pretrial hearing

Question 25

A trial without a jury is called a __________ .

Answer 25

jury waived trial or bench trial

Question 26

A group of people who have been selected according to law and sworn to determine the facts in a case is called a __________

Answer 26

Jury

Question 27

An examination that jurors are given under oath is called __________

Answer 27

Voir dire

Question 28

The ordinary jury of 12 people used for the trial of a civil or criminal action is known as a __________ .

Answer 28

Petit jury