Chapter 2 Continued

Question 1

Pretrial motions

Answer 1

A motion a party can make to try to dispose of all or part of a lawsuit prior to trial

Question 2

Motion for judgement on the pleadings

Answer 2

A motion that alleges if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts

Question 3

Motion for summary judgement

Answer 3

A motion that asserts that there are no factual disputes to be decided by the jury; in this case, the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony

Question 4

Pretrial hearing

Answer 4

A hearing before the trial in order to facilitate the settlement of a case. Also called a settlement conference

Question 5

Trier of fact

Answer 5

The jury in a jury trial; the judge where there is not a jury trial

Question 6

Trial brief

Answer 6

Documents submitted by the parties’ attorneys to the judge that contain legal support for their sides of the case

Question 7

Phases of a trial:

Answer 7

1. Jury selection
2. Opening statements
3. The Plaintiff’s Case
4. The Defendant’s Case
5. Rebuttal and Rejoinder
6. Closing Argument
7. Jury Instructions
8. Jury Deliberation
9. Entry of Judgement

Question 8

Voire Dire (Jury selection)

Answer 8

A process whereby prospective jurors are asked questions by the judge and attorneys to determine if they would be biased in their decisions

Question 9

Opening statement

Answer 9

Statements made by the attorneys to the jury in which they summarize the factual and legal issues of the case

Question 10

Burden of proof

Answer 10

A burden that the plaintiff bears to prove the allegations made in his or her complaint

Question 11

Plaintiff’s case

Answer 11

The process by which the plaintiff introduces evidence to prove the allegations contained in his or her complaint

Question 12

Defendant’s case

Answer 12

The process by which the defendant (1) rebuts the plaintiff’s evidence, (2) proves affirmative defenses, and (3) proves allegations made in a cross-complaint

Question 13

Rebuttal and Rejoinder

Answer 13

(Rebuttal)After the defendant’s attorney has completed calling witnesses, the plaintiff’s attorney can call witnesses and put forth evidence to rebut the defendant’s case. (Rejoinder) The defendant’s attorney can call additional witnesses and introduce other evidence to counter the rebuttal

Question 14

Closing statement

Answer 14

Statements made by the attorneys to the jury at the end of the trial to try to convince the jury to render a verdict for their clients

Question 15

Jury instructions

Answer 15

Instructions given by the judge to the jury that informs the jurors of the law to be applied in the case

Question 16

Jury Deliberation

Answer 16

The jury retires to the jury room to deliberate its findings. Then the jury assesses penalties in criminal cases

Question 17

Verdict

Answer 17

The decision reached by the jury

Question 18

Judgement

Answer 18

The official decision of the court

Question 19

Judgement notwithstanding the verdict (J.N.O.V.)

Answer 19

In a civil case, the overturning of the jury’s verdict by the judge if he or she finds finds bias or jury misconduct

Question 20

Appeal

Answer 20

The act of asking an appellate court to overturn a decision after the trial court’s final judgement has been entered

Question 21

Petitioner OR appellant

Answer 21

The appealing party in an appeal

Question 22

Appellee OR respondent

Answer 22

The responding party in an appeal

Question 23

Alternative dispute resolution (ADR)

Answer 23

Methods other than litigation of resolving disputes

Question 24

Arbitration

Answer 24

A form of ADR in which the parties choose an impartial third party to hear and decide the dispute

Question 25

Arbitration clause

Answer 25

A clause in contracts that requires disputes arising out of the contract to be submitted to arbitration

Question 26

Federal Arbitration Act

Answer 26

Promotes the arbitration of disputes

Question 27

Uniform Arbitration Act

Answer 27

Promotes the arbitration of disputes at the state level

Question 28

Mediation

Answer 28

A form of ADR in which the parties choose a neutral third party to act as the mediator of the dispute

Question 29

Conciliation

Answer 29

A form of mediation in which the parties choose an interested third party to act as the mediator

Question 30

Minitrial

Answer 30

A session, usually lasting a day or less, in which the lawyers for each side present their cases to representatives of each party who have authority to settle the dispute

Question 31

Fact-finding

Answer 31

A process whereby the parties hire a neutral person to investigate the dispute

Question 32

Judicial referee

Answer 32

Conducts a private trial and render a judgement