Chapter 5: Court Procedures

Question 1

affidavits

Answer 1

a written voluntary statement of facts, confirmed by the oath or affirmation of the party making it and 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

brief

Answer 4

a formal legal document submitted 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. The appellee usually files an answering brief.

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 to 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 email, 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 of 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 of 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 favor 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 new trial

Answer 21

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 22

motion for judgment n.o.v.

Answer 22

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 23

motion for judgment on the pleadings

Answer 23

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.

same as motion for summary judgment.

Question 24

motion to dismiss

Answer 24

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 25

opening statemetns

Answer 25

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 26

pleadings

Answer 26

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 27

pretrial conference

Answer 27

a court hearing where a prosecutor and a defense attorney get together and discuss whether a case is going to go to trial or whether it can be resolved through a plea agreement.

Question 28

pretrial motions

Answer 28

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

Question 29

rebuttal

Answer 29

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

Question 30

rejoinder

Answer 30

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

Question 31

relevant evidence

Answer 31

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 32

rules of evidence

Answer 32

rules governing the admissibility of evidence in trial courts.

Question 33

service of process

Answer 33

the delivery of the complaint and summons to a defendant.

Question 34

summons

Answer 34

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 the plaintiff’s complaint. The document is delivered by a sheriff or any other person so authorized.

Question 35

verdict

Answer 35

a formal decision made by a jury.

Question 36

voir dire

Answer 36

a French phrase meaning, literally, “to see, to speak” that refers to the jury-selection process.
In voir dire, attorneys 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 37

writ of execution

Answer 37

a courts order, after a judgment has been entered against the debtor, directing the sheriff to seize (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 cost of the sale. Any surplus is paid to the debtor.