Chapter 7

Question 1

motion

Answer 1

a request of the court which is written unless it is done during trial where it can be spoken. looks like a pleading and must be served on opposing parties

Question 2

movant

Answer 2

a person who makes a motion aka moving party

Question 3

notice of hearing on the motion

Answer 3

the part of a written motion that describes the nature of the motion being made and tells when and where a hearing on the otion will occur

Question 4

declaration

Answer 4

a statement under penalty of perjury that certain facts are true or believed to be true

Question 5

a motion contains

Answer 5

the motion, the notice of hearing on the motion. affidavits in support of the motion.a memorandum of points and athorities in support of the motion

Question 6

memorandum of points and authorities

Answer 6

a legal argument in the form of a discussion r analysis of the law that applies to the case

Question 7

ex parte

Answer 7

with only one side present

Question 8

order shortening time

Answer 8

a ruling from the court often in connection with motions allowing a moving party to give less notice of a hearing on a motion than is required by statue

Question 9

proof of service

Answer 9

verification that a pleading motion or other document has been served a copy of the document to another party or attorny

Question 10

order

Answer 10

a written command or direction given by a judge

Question 11

pretrail motions

Answer 11

deal with issues or problems that arise before the trial occurs most often deal with requests that are ancillary to the primary relief requested in the complaint

Question 12

motion for more definite statement

Answer 12

(prm) a motion made in response to a complaint in which the defendant challenges the clarity or specificity of the complaint

Question 13

motion to dismiss

Answer 13

a request that the court terminate the lawsuit immediately without a hearing on the merits of the plaintiffs claim often made in lieu of an answer and if granted eliminates the need for an answer

Question 14

motion to strike

Answer 14

(prm) a request made to the court to delete part or all of the pleadings; can also refer to a request made during trial to delete testimony

Question 15

motion to amend

Answer 15

(prm) a request by one party to the court to allow a change in the content of a pleading

Question 16

motion for judgement on the pleading

Answer 16

(prm) the moving party in such a motion claims that the allegations in the pleadings are such that no contested issues remain and judgement can be entered for only one party

Question 17

motion for change of venue

Answer 17

(prm) a request from a party that the court transfer the case to a proper court

Question 18

service

Answer 18

(prm) motion made by a defendant who claims that he was improperly served with the summons and complaint

Question 19

motion to quash return of service

Answer 19

(prm) if the defendant claims that he was improperly served with the summons and complaint

Question 20

motion to compel

Answer 20

(prm) a request by one party to the court for an order requiring the other side to comply with a discovery request

Question 21

motion for a protective order

Answer 21

(prm) a motion made during discovery asking the court to limit a discovery request

Question 22

discovery motions

Answer 22

(prm) motions going with discovery

Question 23

motion for summary judgement

Answer 23

(prm) a motion requesting that judgment be entered immediately because there are no disputed factual issues in the case

Question 24

motion for sanctions

Answer 24

(prm) a request to the court from pne party that penalties be imposed on the other party for violating the provisions of rule 11 of gederal rules of civil procedure

Question 25

motions in limine

Answer 25

(tm) a motion or request made of the court ussual at the start of the trial and outside the presence of the jury

Question 26

motion for judgment as a matter of law

Answer 26

(tm) a motion made during or after a trial in which one party asks the judge to rule in his or her favor because the other side has produced no evidence upon which a judgement can be based; the motion cannot be made until the party against whom the motion is made as intruded all of its evence

Question 27

motion for judgement notwithstanding the verdict

Answer 27

(atm) in a jury trial a request from one party that the judge decide the case in that party’s favor on the basis that no facts have been proven that would support a jury’s decision for the other party

Question 28

motion for a new trial

Answer 28

(atm) normally made before the judge who presided over the trial grounds for such a motion might include jury impropriety miskate in law or newly discovered evidence

Question 29

motion to tax costs

Answer 29

(atm) a motion made after a trial challenging the costs of suit that are claimed by the prevailing party

Question 30

motion for relief from judgement or order

Answer 30

a request to the court by one party that the court set aside any judgement order or proceding