Chapter 3

Question 1

what is chapter 3 about

Answer 1

court procedures

Question 2

what do American and english courts follow

Answer 2

adverbial system of justice

Question 3

stages of litigation

Answer 3

pretrial, trial, posttrial

Question 4

types of attorney gees

Answer 4

fixed fees, hourly fees, contingency fees

Question 5

pleadings

Answer 5

gathering of evidence (discovery); complaint and answer

Question 6

what does a complaint consist of

Answer 6

facts showing jurisdiction, facts about case, remedy being seeked

Question 7

default judgement

Answer 7

would be awarded the damages alleged because there was no response

Question 8

answer

Answer 8

either admits or denies; if no deny then must be admitting

Question 9

affirmative defense

Answer 9

can admit the truth of complaint but the also raise new facts to show that you are not liable

Question 10

counterclaim

Answer 10

deny and then set forth own claim

Question 11

filing motions

Answer 11

party is asking the court to do something; must also be told to the other party

Question 12

pretrial motions

Answer 12

motion to dismiss, motion for judgement on pleadings, motion for summary judgement

Question 13

motion to dismiss

Answer 13

dismiss the case for the reasons mentioned

Question 14

motion for judgement on the pleadings

Answer 14

answer just based on what has already been said; facts have been agreed upon

Question 15

motion fo summary judgement

Answer 15

grant a judgement in parts favor without a trial

Question 16

affidavits

Answer 16

sworn statements by parties or witnesses

Question 17

discovery

Answer 17

gaining access to witnesses, documents, records, and other types of evidence

Question 18

deposition

Answer 18

sworn testimony by a party to the lawsuit or by any witness, recorded

Question 19

impeach

Answer 19

challenge the credibility of

Question 20

interrogatories

Answer 20

written questions for which answers are prepared and signed; different from written deposition cause this is to someone of the party and not a witness

Question 21

request for admission

Answer 21

have to admit the fact if true

Question 22

pretrial conference

Answer 22

attorneys meet with judge and see if a settlement can be reached without trial/ establish ground rules and discuss the case

Question 23

at what amount can you get a jury trial

Answer 23

20

Question 24

what is jury selection process known as

Answer 24

voir dire

Question 25

hearsay

Answer 25

someone heard what someone else said; person who originally said it was not under oath

Question 26

motion for a judgement as a matter of law/ motion for a directed verdict

Answer 26

presented no evidence to support the claim; in favor of defendant

Question 27

rejoinder

Answer 27

when refute the rebutted evidence

Question 28

motion for judgement n.o.v.

Answer 28

only if the jury’s verdict was unreasonable and erroneous

Question 29

write of execution

Answer 29

an order directing the sheriff to seize and sell the defendants nonexempt assets, or property to pay the damages