Chapter 3 - Court Procedures

Question 1

Affidavit

Answer 1

A written voluntary statement of facts, confirmed by the oath or affirmation of the party making it an made before a person having the authority to administer the oath or affirmation.

Question 2

Affirmative Defense

Answer 2

A response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal right to bring an action. An example is the running of the statute of limitations.

Question 3

Answer

Answer 3

Procedurally, a defendant’s response to the plaintiff’s complaint.

Question 4

Breif

Answer 4

A formal legal document submitted by the attorney for the appellant - or the appellee (in answer to the appellant’s brief) - to an appellate court when a case is appealed. The appellant’s brief outlines the facts and issues of the case, the judge’s rulings or jury’s findings that should be reversed or modified, the applicable law, and the arguments on the client’s behalf.

Question 5

Closing Argument

Answer 5

An argument made at a trial after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury charges.

Question 6

Complaint

Answer 6

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit.

Question 7

Counterclaim

Answer 7

A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff.

Question 8

Cross-Examination

Answer 8

The questioning of an opposing witness during a trial.

Question 9

Default Judgment

Answer 9

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

Question 10

Deposition

Answer 10

The testimony of a party to a lawsuit or of a witness taken under oath before a trial.

Question 11

Direct Examination

Answer 11

The examination of a witness by the attorney who calls the witness to the stand at trial to testify on behalf of the attorney’s client.

Question 12

Discovery

Answer 12

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

Question 13

e-Evidence

Answer 13

A type of evidence that consists of computer generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.

Question 14

Federal Rules of Civil Procedure (FRCP)

Answer 14

The rules controlling procedural matters in civil trials brought before the federal district courts.

Question 15

Hearsay

Answer 15

An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence.

Question 16

Impeach

Answer 16

To challenge the credibility of a person’s testimony or attempt to discredit a party or witness.

Question 17

Interrogatories

Answer 17

A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party’s attorney.

Question 18

Metadata

Answer 18

Data that are automatically recorded by electronic devices on their hard drives and that provide information about who created a file and when, and who accessed, modified, or transmitted it. Metadata can be described as “data about data”.

Question 19

Motion

Answer 19

A procedural request or application presented by an attorney to the court on behalf of a client.

Question 20

Motion for a Directed Verdict

Answer 20

In a state court, a party’s request that the judge enter a judgment in her or his factor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts refer to this request as a motion for judgment as a matter of law.

Question 21

Motion for a Judgment as a Matter of Law

Answer 21

In a federal court, a party’s request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has nor presented sufficient evidence to support the claim. The state courts refer to this request as a motion for a directed verdict.

Question 22

Motion for a New Trial

Answer 22

A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that a new trial is necessary to prevent a miscarriage of justice.

Question 23

Motion for Judgment N.O.V.

Answer 23

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous.

Question 24

Motion for Judgment on the Pleadings

Answer 24

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute.

Question 25

Motion for Summary Judgment

Answer 25

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute.

Question 26

Motion to Dismiss

Answer 26

A pleading in which a defendant asserts that the plaintiff’s claim fails to state a cause of action (that is, has no basis in law) or that there are other grounds on which a suit should be dismissed.

Question 27

Opening Statement

Answer 27

A statement made to the jury at the beginning of a trial by a party’s attorney, prior to the presentation of evidence. The attorney briefly outlines the evidence that will be offered and the legal theory that will be pursued.

Question 28

Pleadings

Answer 28

Formal statements made by the plaintiff and the defendant in a lawsuit that detail the facts, allegations, and defenses involved in the litigation; the complaint and answer are part of the pleadings.

Question 29

Pretrial Conference

Answer 29

A conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference.

Question 30

Pretrial Motion

Answer 30

A written or oral application to a court for a ruling or order, made before trial.

Question 31

Rebuttal

Answer 31

The refutation of evidence introduced by an adverse party’s attorney.

Question 32

Rejoinder

Answer 32

The defendant’s answer to the plaintiff’s rebuttal.

Question 33

Relevant Evidence

Answer 33

Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence. Only relevant evidence is admissible in court.

Question 34

Rules of Evidence

Answer 34

Rules governing the admissibility of evidence in trial courts.

Question 35

Service of Process

Answer 35

The delivery of the complaint and summons to a defendant.

Question 36

Summons

Answer 36

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer he plaintiff’s complaint. The document is delivered by a sheriff or any other person so authorized.

Question 37

Verdict

Answer 37

A formal decision made by a jury.

Question 38

Voir Dire

Answer 38

A French phrase meaning, literally, “to see, to speak” that refers to the jury-selection process. In voir dire, the attorney question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Question 39

Writ of Execution

Answer 39

A court’s order, after a judgment has been entered against the debtor, directing the sheriff to sieve (levy) and sell any of the debtor’s nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest, and costs of the sale. Any surplus is paid to the debtor.