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Paralegal Essentials 1 > Chapter 4 > Flashcards

Chapter 4 Flashcards

1
Q

in personam jurisdiction

A

if either party lives in the authorized area of the court in question, that court could hear the case through this

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2
Q

in rem jurisdiction

A

if property exists, or controversy occurred within authorized area of court

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3
Q

quasi in rem jurisdiction

A

invoked to help a party pay damages. Court that has jurisdiction over the property even though the property was not the original controversy

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4
Q

lis pendens

A

notice that a property may be subject of a lien

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5
Q

affirmative defense

A

found in the Answer; a pleading

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6
Q

pleading

A

states a party’s position in the litigation

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7
Q

Discovery documents

A

Are not usually filed with the court but used as an exhibit later at trial

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8
Q

5 tools of discovery

A 
request for: 
admissions
production of documents
mental/physical examination
depositions
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9
Q

certificate of mailing

A

paragraph at the end of many pleadings, motions and discovery docs, states which other parties have been sent copies of the doc

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10
Q

motion for summary judgment

A

there are 3 motions that do basically the same thing: ask the judge to decide the case instead of jury. difference is when they occur

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11
Q

motion for summary judgment

A

ask judge to decide case at pretrial

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12
Q

motion for directed verdict

A

ask judge to decide case at trial

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13
Q

motion for judgment NOV

A

ask judge to decide case post trial

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14
Q

what is motion for summary judgment?

A

asks court to determine that since no material facts are disputed by parties, there is no need for jury; court may apply law without need of a trial

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15
Q

stipulation

A

mean parties do not have to call witnesses or present evidence to agreed facts

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16
Q

voir dire

A
  1. jury selection

2. questioning of a potential witness

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17
Q

ways to keep a panel member off the jury

A

Challenge for Cause

Peremptory Challenge

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18
Q

Challenge for Cause

A

valid reason to keep person off the jury; unlimited

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19
Q

Peremptory Challenges

A

keep person off the jury without having a reason; typically 3 or 6

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20
Q

burden of proof

A

burden is on plaintiff in civil trial and prosecutor in criminal trial

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21
Q

burden of proof required in civil trial

A

preponderance of the evidence - less than criminal trial

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22
Q

burden of proof needed in criminal trial

A

beyond a reasonable doubt

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23
Q

probative value

A

if information value of a piece of evidence is outweighed by the prejudicial effect

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24
Q

admissible evidence

A

if obtained illegally, or there is a privilege the jury cannot hear it

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25
Q

preserving the record/preserving the right of appeal

A

objections by attorney are often effort to preserve the record thereby preserving the right to appeal later

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26
Q

proximate cause

A

related term: doctrine of last clear chance

person who had last clear opportunity to avoid damages is most liable

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27
Q

prima facie case

Pronounced: prime-uh faysh-uh

A

no gaps; if facts being alleged are proven at trial those facts would contain no gaps in the claim

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28
Q

Motion for Judgment N.O.V.

A

NOV = non obstante verdicto

not withstanding the verdict, or in spite of the verdict.

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29
Q

additur and remittitur

A

court says to one of the parties: i have an offer you can’t refuse, but if you do, the other side gets a new trial

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30
Q

Notice of Appeal

A

in every case there is one automatic appeal

after that, any subsequent appeal must be granted by the next highest court

31
Q

document that requests the second appeal

A

writ of certiorari

32
Q

res judicata

A

a party that has been sued and won at trial may not be sued again over the same legal matter

33
Q

appellant or petitioner

A

party initiating an appeal

34
Q

appellee or respondent

A

party responding to an appeal

35
Q

panel of justices (or judges)

A

portion of appellate-level court that hears a case; usually 3 judges

36
Q

en banc

A

entire appellate level court sits to hear and decide case; indicating importance

37
Q

opinion

A

written decision of the court

38
Q

majority opinion

A

strongest; when more than 50 percent of court agrees on a decision

39
Q

affirm

A

appellate court agrees with the decision of the trial court

40
Q

reverse

A

appellate court disagrees with and nullifies the decision of the trial court

41
Q

modify

A

appellate court alters the decision of the trial court

42
Q

remand

A

the appellate court sends the case back to the trial court for further deliberation

43
Q

concurring opinion

A

opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons

44
Q

dissenting opinion

A

opinion that disagrees with the majority opinion

45
Q

Interlocutory Appeal

A

appeal during or before the trial. this asks the court to rule on a single procedural issue, usually a ruling regarding admission of evidence

46
Q

impeach

A

attorney asks questions to discredit that witness earlier given testimony; attorney usually prevented from attempting to impeach his own witness

47
Q

motion in limine

A

requesting that information which might be prejudicial not be allowed to be heard in a case. the relevance of the information is outweighed by its prejudicial effect

48
Q

nolle prosequi

A

decision of prosecutor not to prosecute, even though he believes there is sufficient evidence

49
Q

misdemeanor

A

a crime punishable by a sentence of less than one year

50
Q

felony

A

crime punishable by sentence of a year or more in prison

51
Q

nolo contendere

A

means no contest; defendant does not contest charges, but does not admit guilt

52
Q

preliminary hearing

A

hearing requiring State to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed

53
Q

bound over

A

submitted to; sent

54
Q

is criminal law viewed as harming the individual?

A

no, criminal law harms the community

55
Q

can an attorney impeach his own witness if declared hostile?

A

yes, as an exception to the rule that an attorney many not impeach his own witness

56
Q

the right to refuse to testify, or prevent someone else from testifying

A

privilege

57
Q

A question of law.

A

issue

attorney might say “the ISSUE before the court is one of negligence”

58
Q

an appeal made prior to or during a trial asking the higher court to provide a ruling on limited issues

A

interlocutory appeal

59
Q

a request to end a case without going to trial, or to end a trial in progress

A

motion to dismiss

  • prejudice (can’t be brought back)
  • with out prejudice (can be refiled)
60
Q

ex parte

A

1.hearing in court where only one party is present

2.

61
Q

The official collection of the transcripts, pleadings, and exhibits from the trial

A

record

62
Q

in personam

A

jurisdiction over the person

63
Q

The point at which a series of events begins that results in an event with damages occuring

A

proximate cause

64
Q

When the accused and the prosecutor in a criminal case negotiate a disposition of the case.

A

plea bargain

65
Q

A reasonable basis to believe that a person has committed a crime

A

probable cause

66
Q

A person making a representation, or statement, in writing under oath. One who signs an affidavit.

A

Affiant

67
Q

Legal docs filed with the court stating a position in the legal matter and asking the court to take some sort of action to resolve the matter

A

pleadings

68
Q

A case or argument which is sufficient on its face

A

prima facie

69
Q

the official collection of the transcripts, pleadings, and exhibits from the trial

A

record

70
Q

a written statement where one swears that a party (or witness) has been served with legal docs

A

affidavit of service

71
Q

Motion during the trial made by a party asking that the judge enter judgment on behalf of his client due to the fact that the other party has failed to establish a prima facie case.

A

directed verdict

72
Q

A business or person authorized to accept service on behalf of a corporation as though the corporation itself had been served

A

registered agent

73
Q

A potential for unfairness due to preconceptions, lack of open-mindedness, or prior involvement in a case

A

bias

Paralegal Essentials 1 (8 decks)

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