Chapter five

Question 1

Federal rules of civil procedures

Answer 1

rules controlling matters in civil trials brought before the federal districts

1. Provide framework for what should be done at each step of the litigation process
2. have significant impact on persons ability to pursue a legal claim
3. complex
4. vary from court to court
   vary from state to state

Question 2

Stages of litigation

Answer 2

pretrial
trial
posttrial

Question 3

Stages of lawsuit

Answer 3

accident or breach of contract
party hires lawyer and files a complaint
defendant files a an answer or motion to dismiss
pretrial
trial and post trial

Question 4

Attorney fees

Answer 4

fixed fee
hourly fee
contingency fee

Question 5

Pretrial

Answer 5

filing of the pleadings
gathering of evidence

Question 6

Pleadings

Answer 6

formal statements made by plaintiff and defendant that detail the facts

Question 7

service of process

Answer 7

the delivery of the complaints and summons to the defendant

Question 8

motion for judgement on the pleedings

Answer 8

made by either party to decide solely based on pleadings without the trial

Question 9

motion for summary judgment

Answer 9

requesting the court to enter judgment without trial

Question 10

Discovery

Answer 10

phase in the litigation process where opposing parties obtain info from each other and third parties prior to trial

Question 11

Deposition

Answer 11

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

Question 12

impeach

Answer 12

challenge the credibility of a person’s testimony

Question 13

Interrogatories

Answer 13

written questions and answers
directed to a party, not to a witness

Question 14

Requests for admissions

Answer 14

one party can serve the other with request for an admission of the truth

Question 15

meta data

Answer 15

data automatically recorded by electronic devices

Question 16

voir dire

Answer 16

to see, to speak - refers to jury selection process

Question 17

motion for a judgment as a matter of law

Answer 17

party requests the judge enter judgment in their favor before case is submmitted to a jury because the other party doesnt have sufficient effidence

Question 18

rejoinder

Answer 18

defendants answer to plaintiffs rebutal

Question 19

motion for a new trial

Answer 19

asserting trial was fundamentally flawed

Question 20

motion for judgment N.O.V.

Answer 20

requesting court to grant judgment in favor of the party making the motion on ground that verdict was unreasonable

Question 21

Appealing a veridct

Answer 21

nonprevailing party must file notice of appeal with clerk within prescribed time

clerk sends to reviewing court - court of appeals

Question 22

Brief

Answer 22

formal legal document submitted to an appellate court

facts and issue
ruling
applicable law
arguments on clients behalf

Question 23

Writ of execution

Answer 23

courts order against debtor for sheriff to seize and sell property