Chapter 4 - Legal Proceedings

Question 1

substantive law

Answer 1

the set of laws that governs how members of a society are to behave; it defines rights and responsibilities in civil law, and crimes and punishments in criminal law

Question 2

procedural law

Answer 2

the collection of laws that govern how the court system works

Question 3

settlement

Answer 3

an agreement that avoids trial

Question 4

civil procedure

Answer 4

the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits

Question 5

criminal procedure

Answer 5

the body of law that sets out the rules and standards that courts follow when adjudicating criminal lawsuits

Question 6

Federal Rules of Criminal Procedure (FRCrP)

Answer 6

the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government.

Question 7

dismissal

Answer 7

the act by which the court denies the claim of the party that is initiating a lawsuit or case

Question 8

adjudication

Answer 8

the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision

Question 9

Federal Rules of Civil Procedure (FRCP)

Answer 9

the procedural rules that govern how federal civil cases are conducted in United States district courts and the general trial courts of the U.S. government.

Question 10

party (plural: parties)

Answer 10

the individual(s) or organization(s) involved in a lawsuit

Question 11

class

Answer 11

a group of people or things defined by one or more common attributes, often used in reference to class action lawsuits

Question 12

class action lawsuit

Answer 12

a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group

Question 13

pretrial

Answer 13

the procedures that take place from the time a lawsuit is filed until the date a trial is scheduled for

Question 14

litigation

Answer 14

the legal proceedings that accompany a lawsuit

Question 15

complaint

Answer 15

a legal document that states why a party is bringing a lawsuit against another party; the filing of it represents the first step in litigation

Question 16

pro se

Answer 16

litigants or parties representing themselves in court without the assistance of an attorney

Question 17

summons

Answer 17

an order to appear before a judge or magistrate; when given to a defendant, it will tell the defendant what the case is about

Question 18

answer

Answer 18

in the context of law, a legal response by a defendant to a complaint

Question 19

default judgment

Answer 19

a binding judgment in favor of either party based on some failure to take action by the other party (e.g. for not appearing in court)

Question 20

counterclaim

Answer 20

a claim by a defendant against a plaintiff

Question 21

cross-claim

Answer 21

a claim by one person against another when both are on the same side in a legal proceeding

Question 22

joinder

Answer 22

the process by which one or more parties or claims are added to a lawsuit

Question 23

claim

Answer 23

a legal demand or assertion that is provided by a person who is seeking some type of reimbursement, payment, or compensation

Question 24

pleadings

Answer 24

documents generated by parties involved in a lawsuit, including complaints and answers

Question 25

clerk of court

Answer 25

also called court clerk; an officer of the court whose responsibilities include maintaining the records of a court

Question 26

service

Answer 26

in the context of law, the formal delivery of litigation documents to give the defendant notice of the suit against them

Question 27

discovery

Answer 27

the second step in litigation; it is a time-consuming and very important process that involves both parties acquiring information held by others and judging the strength or weakness of each other's cases

Question 28

discoverability

Answer 28

the limits on what a party is allowed to learn during the discovery phase; laws will sometimes prohibit parties from acquiring certain information

Question 29

admissibility

Answer 29

something that determines whether or not certain evidence is allowed to be admitted in a court of law and considered by the judge or jury in making the final decision

Question 30

ESI

Answer 30

a legal acronym for electronically stored information; data that is created, altered, communicated and stored in digital form

Question 31

e-discovery

Answer 31

the discoverability laws and process as they relate to ESI

Question 32

Electronic Discovery Reference Model (EDRM)

Answer 32

a framework created by George Socha that outlines standards for the recovery and discovery of digital data

Question 33

deposition

Answer 33

a formal proceeding during which oral testimonies of individuals are obtained

Question 34

deponent

Answer 34

a person who testifies under oath in a deposition or in writing by signing an affidavit

Question 35

affidavit

Answer 35

a written statement confirmed by oath or affirmation, for use as evidence in court

Question 36

affirmation

Answer 36

an act of saying or showing that something is true

Question 37

court reporter

Answer 37

a person employed to transcribe speech from legal proceedings, typically via stenography

Question 38

stenography

Answer 38

the action or process of writing in shorthand or taking dictation

Question 39

authentication

Answer 39

verification that something, such as a health record, is reliable and truthful as evidence

Question 40

interrogatory

Answer 40

a list of questions one party sends to another as part of the discovery process

Question 41

request for production of documents or things

Answer 41

a discovery method to gather tangible items and information, including electronic or paper health records

Question 42

request for admissions

Answer 42

a discovery device that allows one party to request that another party admit or deny the truth of a statement under oath. If admitted, the statement is considered to be true for all purposes of the current trial.

Question 43

court order

Answer 43

a document or verbal mandate issued by a judge that compels a certain action; refusal to obey the order can result in legal penalties

Question 44

subpoena

Answer 44

a writ ordering a person to attend a court

Question 45

writ

Answer 45

a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way

Question 46

subpoena ad testificandum

Answer 46

a subpoena that requires an individual's testimony in court

Question 47

subpoena duces tecum

Answer 47

a writ ordering a person to attend a court and bring relevant documents

Question 48

motion to quash

Answer 48

a document filed with the court that asks the judge to nullify a subpoena

Question 49

in camera inspection

Answer 49

a term that refers to what happens when a judge personally and privately reviews evidence to determine whether it should be provided to other parties. This usually occurs when both sides in a case disagree about whether a certain, usually crucial, piece of evidence should be admitted

Question 50

shadow chart

Answer 50

also called shadow record; paper or digital copies of original records retained apart from the primary source

Question 51

pretrial conference

Answer 51

a meeting of the parties to a case conducted prior to trial

Question 52

judge

Answer 52

the person who presides over the trial and the courtroom; he or she makes critical decisions regarding the admissibility of evidence; he or she also instructs the jury regarding the law of that jurisdiction; in a bench trial, the judge also serves as the fact finder

Question 53

bench trial

Answer 53

a trial without a jury, where the judge makes all the decisions

Question 54

jury

Answer 54

a fact-finding body that hears evidence given by the parties in a legal case and that decides innocence or guilt, but cannot decide the sentence

Question 55

lay witness

Answer 55

a person called to the witness stand to testify based on their own personal observations

Question 56

expert witness

Answer 56

a person called to the witness stand to testify about subject matter that they have expertise in (such as a doctor testifying about an autopsy)

Question 57

proffer

Answer 57

to offer evidence in support of an argument

Question 58

bailiff

Answer 58

a court official that is responsible for maintaining order, security, and decorum in the court as well as managing the schedule of the judge

Question 59

decorum

Answer 59

behavior in keeping with good taste and propriety

Question 60

propriety

Answer 60

the state or quality of conforming to conventionally accepted standards of behavior or morals

Question 61

voir dire

Answer 61

the process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury

Question 62

peremptory challenges

Answer 62

a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason; attorneys are given a limited number of these to use in removing jurors; they are not supposed to use this resource to discriminate against people based on race, gender, religion, and ethnicity, but it is difficult to prove it if they do

Question 63

opening statement

Answer 63

a statement to the jury by an attorney before the presentation of evidence, given at the beginning of the trial phase; it usually explains the nature of the case, the factual matters to be proven, the evidence to be presented, and it summarizes the arguments to be made

Question 64

directed verdict

Answer 64

an order from the presiding judge to the jury to return a particular verdict. Typically, the judge orders a directed verdict after finding that no reasonable jury could reach a decision to the contrary. After a directed verdict, there is no longer any need for the jury to decide the case

Question 65

closing argument

Answer 65

a statement, presented by each attorney, urging the jury to decide in their favor

Question 66

preponderance of evidence

Answer 66

a standard used only in civil cases; it requires that the plaintiff provide evidence proving it is "more likely than not" that the defendant committed the alleged wrongdoing; this is a lower burden of proof than what is used in criminal cases

Question 67

beyond a reasonable doubt

Answer 67

a standard used only in criminal cases; this means that in order for a defendant to be found guilty the case presented by the prosecution must be enough to remove any reasonable doubt in the mind of the jury that the defendant is guilty of the crime with which they are charged

Question 68

burden of proof

Answer 68

a standard that determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail on their claim. In most cases, the plaintiff (the party bringing the claim) has the responsibility

Question 69

jury instructions

Answer 69

rules that a jury must follow when they are deciding on a case

Question 70

deliberation

Answer 70

a process of group discussion and thoughtful weighing of options, usually prior to voting or making a decision on a case

Question 71

verdict

Answer 71

a decision on a disputed issue in a civil or criminal case or an inquest

Question 72

inquest

Answer 72

a judicial inquiry to ascertain the facts relating to an incident, such as a death

Question 73

hung jury

Answer 73

a situation where a jury can not decide on a conclusion and neither conviction nor an acquittal is achieved

Question 74

sentence

Answer 74

the final phase of a trial, where a judge decides on the punishment that a guilty defendant receives

Question 75

determination of damages

Answer 75

the final phase of a trial, where a judge or jury will decide what kind of damages will be imposed on a defendant found guilty

Question 76

appeal

Answer 76

a stage that is part of the post-trial process; it is the process in which cases are reviewed by a higher authority, where a party requests a formal change to an official decision

Question 77

appellant

Answer 77

the party that files an appeal; if the appeal process is started, they are called the petitioner

Question 78

appellee

Answer 78

the party against whom an appeal is filed; this person usually seeks to prevent the appeal from being granted; if the appeal process is started, they are called the respondent

Question 79

cross appeal

Answer 79

an appeal taken by an appellee against the appellant

Question 80

equitable relief

Answer 80

a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies are not considered to provide sufficient restitution

Question 81

garnishment

Answer 81

a legal process for collecting a monetary judgment on behalf of a plaintiff from a defendant

Question 82

writ of execution

Answer 82

a court order that directs law enforcement to seize a defendant's property to satisfy a debt owned to the plaintiff

Question 83

judgment lien

Answer 83

a court order that prevents the debtor from selling or mortgaging real property until the judgment is paid or expires

Question 84

lien

Answer 84

the legal claim of one person upon the property of another person to secure the payment of a debt or the satisfaction of an obligation