Chapter 3 ACC 473

Question 1

The complaint and answer (and other legal documents
discussed below), taken together, are known
as the ________.

Answer 1

PLEADINGS

Question 2

Formally notifying the

defendant of a lawsuit is called ________.

Answer 2

SERVICE OF PROCESS

Question 3

_________ is a notice requiring the

defendant to appear in court and answer the complaint

Answer 3

SUMMONS

Question 4

A ________ is a procedural request submitted to

the court by an attorney on behalf of her or his client.

Answer 4

MOTION

Question 5

___________include the motion

to dismiss, the motion for judgment on the pleadings, and the motion for summary judgment, as well as the other motions

Answer 5

PETRITIAL MOTIONS

Question 6

A motion for ____________, which
asks the court to grant a judgment in that party’s
favor without a trial.

Answer 6

SUMMARY JUDGEMENT

Question 7

A motion for _______________, which

asks the court to decide the issue solely on the pleading without proceeding to trial.

Answer 7

JUDGEMENT ON THE PLEADINGS

Question 8

___________ are sworn statements
by parties or witnesses or copies of documents, such as contracts, e-mails, and letters obtained through the course of discovery .

Answer 8

AFFIDAVITS

Question 9

The process of obtaining information from
the opposing party or from witnesses prior to trial
is known as ________.

Answer 9

DISCOVERY

Question 10

A ______ is sworn testimony by a

party to the lawsuit or by any witness, recorded by an authorized court official.

Answer 10

DEPOSITION

Question 11

Discovery can also involve
_________, which are written questions for
which written answers are prepared and then signed under oath.

Answer 11

INTERROGATORIES

Question 12

The ________ is known as voir dire.

Answer 12

JURY SELECTION PROCESS

Question 13

__________—a series of rules
that have been created by the courts to ensure that
any evidence presented during a trial is fair and
reliable.

Answer 13

RULES OF EVIDENCE

Question 14

_____________
is evidence that tends to prove or disprove
a fact in question or to establish the degree of probability
of a fact or action.

Answer 14

RELAVENT EVIDENCE

Question 15

________ is testimony someone gives in court about a statement made by someone else who was not under oath at The time of the statement.

Answer 15

HEARSAY

Question 16

At the conclusion of the plaintiff’s case, the defendant’s attorney has the opportunity to ask the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to support her or his claim. This is called a __________ as a matter of law (or a motion for a
directed verdict in state courts).

Answer 16

A MOTION FOR A JUDGEMENT

Question 17

After the defendant’s attorney has finished introducing evidence, the plaintiff’s attorney can present a ________ by offering additional evidence that refutes the defendant’s case.

Answer 17

REBUTTLE

Question 18

`After looking at all the evidence, the judge will grant the motion for _________ only if she or he believes that the jury was in error and that it is not appropriate to grant judgment for the other side.

Answer 18

A NEW TRIAL

Question 19

.The defendant’s attorney

can, in turn of a rebuttle, _______that evidence in a rejoinder.

Answer 19

REFUTE

Question 20

In the ________, each attorney summarizes the facts and evidence presented during the trial and indicates why the facts and evidence support his or her client’s claim.

Answer 20

CLOSING ARGUMENT

Question 21

A _________ is an order directing the
sheriff to seize and sell the defendant’s nonexempt
assets, or property certain assets are exempted by law from creditors’ actions.

Answer 21

WRIT OF EXECUTION