Civil Litigation

Question 1

…………….is the paperwork that is filed with the court to initiate or respond to a lawsuit

Answer 1

A Pleading

Question 2

The two major pleadings are:

Answer 2

The complaint or petition, and

The answer

Question 3

In federal court, it’s a

Answer 3

complaint.

Question 4

In Texas state court, it’s a

Answer 4

petition.

Question 5

A Complain or petition contain:

Answer 5

The names of the parties to the lawsuit;
The facts of the case;
The law that was violated; and
The prayer for relief.

Question 6

Once a complaint/petition has been filed, the court issues a ———————-

Answer 6

summons.

Question 7

A summons is a ————————- directing the defendant to appear in court and answer the complaint or petition.

Answer 7

court order

Question 8

A sheriff, ————–, or ………………….. may serve the complaint/petition on the defendant.

Answer 8

govt official

private process server

Question 9

If several plaintiffs have filed separate lawsuits stemming for the same fact situation against the same defendant, the court can initiate a —————————-of the cases into one case if it would not cause undue prejudice to the parties.

Answer 9

consolidation

Question 10

give an example of a consolidation case

Answer 10

Airplane chush cases

Question 11

prayer equals to

Answer 11

request

Question 12

If a judge decides that the claim “has no basis in law or fact,” the ——————may be ordered to pay the defendant’s costs.

Answer 12

loser

Question 13

If a plaintiff rejects a settlement offer, and later wins an award that is less than 80% of the rejected offer, can the defendant recover litigation costs out of the jury award.?

Answer 13

yes

Question 14

When you are first assigned a new case you should ………………..

Answer 14

1. Create a Cast of Characters;
2. Draft a Chronology;
3. Make an Issue List; and
4. Make a Question List.

Question 15

What is to Cast of Characters

Answer 15

it is a List of the individuals and organizations you know are involved in the dispute.
Also it catalog key documents and other important pieces of physical evidence.
it capture each player’s name and a description of the role the person, entity, or document plays in the case.

Question 16

A …………… is a timeline.

Answer 16

chronology

Question 17

What do you do in chronology

Answer 17

1. List the facts and the dates.
2. Make sure you include significant details.
3. Include the sources for each fact.
4. Include a “key fact” column to check off so that you begin to separate key facts from other facts.

Question 18

an ———————– includes both legal claims and critical factual disputes.

Answer 18

issue list

Question 19

The description could include a ————————-of each party’s position on the issue.

Answer 19

brief summary

Question 20

If it’s a legal issue, include the …………………………….of the judge’s instruction.

Answer 20

potential language

Question 21

When you start your analysis, Start a ………………………and begin to figure out how to answer them.

Answer 21

question list

Question 22

—————-is an oral testimony given by a party or witness prior to trial, under oath, with a record.

Answer 22

Depositions

Question 23

……………….are written questions submitted by one party to another party.

Answer 23

Interrogatories

Question 24

————–are request by one party to another party to produce all documents relevant to the case.

Answer 24

Request for Production

Question 25

Ex Parte means -------------------

Answer 25

from one party

Question 26

As a legal term Ex Parte means--------------

Answer 26

a situation in which one party has communication with the judge without the participation of the opposing party

Question 27

--------------------------- is a person who represents him/herself.

Answer 27

A pro se litigant

Question 28

Kinds of pretrial or dispositive Motions

Answer 28

Motion to Dismiss | Motion for Summary Judgment

Question 29

even if the facts in the plaintiff’s petition are true, a.................................means there is no reason to continue the lawsuit

Answer 29

Motion to Dismiss

Question 30

.......................................is when there are no factual disputes and only matters of law are disputed.

Answer 30

Motion for Summary Judgment

Question 31

One purpose of the Pretrial Hearing is ...............

Answer 31

to facilitate settlement

Question 32

If settlement isn’t possible, then the hearing is used to ..........................

Answer 32

identify major issues and other relevant facts.

Question 33

Trial is divided into the following phases:

Answer 33

1. Jury selection 2. Opening statements 3. Plaintiff’s case in chief 4. Defendant’s case in chief 5. Rebuttal and rejoinder 6. Closing arguments 7. Jury instruction and deliberation 8. Entry of judgment

Question 34

Voir dire is.................

Answer 34

to speak the truth

Question 35

............................are used to exclude a juror without giving a reason

Answer 35

Preemptory challenges

Question 36

Once the right number of jurors is chosen, they are ------------

Answer 36

impaneled and sworn.

Question 37

A pretrial hearing is also called----------------------

Answer 37

settlement conference

Question 38

Some studies show that ------------of jurors make up their minds by the end of the opening statements

Answer 38

80%

Question 39

in the -------------------------Attorneys summarize that main factual and legal issues and why their client’s position is valid.

Answer 39

Opening Statement

Question 40

When the other side asks questions, that’s..............................

Answer 40

cross examination.

Question 41

what happens after cross examination?

Answer 41

redirect and recross examination

Question 42

.................has the burden of proof to persuade the trier of fact of the merits of its case

Answer 42

The Plaintiff

Question 43

The defendant must:

Answer 43

1. Rebut the plaintiff’s evidence; 2. Prove any affirmative defenses asserted by the defendant; and 3. Prove any allegations contained in the defendant’s cross-complaint.

Question 44

When the .........................rests, the ..........................presents its case in chief.

Answer 44

plaintiff | defense

Question 45

When the ------------------- rests, the plaintiff’s attorney can call witnesses and put on evidence to.................... the defendant’s case

Answer 45

defendant | rebut

Question 46

When the defendant rests, the plaintiff’s attorney can call witnesses and put on evidence is called

Answer 46

rebuttal

Question 47

When the defendant’s attorney call additional witnesses and introduce other evidence to counter the rebuttal is called................

Answer 47

rejoinder

Question 48

During the --------------------------new evidence cannot be presented

Answer 48

closing argument

Question 49

............are not considered to be evidence

Answer 49

closing arguments

Question 50

.............................is also called Jury Instructions

Answer 50

Jury charge

Question 51

in the jury charge appears..........................

Answer 51

what law to apply in deciding the case

Question 52

Afterwards, the ................announces its verdict (in federal court). In Texas court, the ...............reads the verdict

Answer 52

jury | clerk

Question 53

The .................... is the official decision of the court.

Answer 53

entry of judgment

Question 54

JNOV stands for

Answer 54

Judgment Non Obstante Verdicto

Question 55

....................is when the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed

Answer 55

remittitur

Question 56

When the judge reduces the amount of damages awarded if he finds the jury was biased, emotional, or inflamed is called.............

Answer 56

remittitur

Question 57

Who can appeal once a final judgment is enterd?

Answer 57

both sides

Question 58

A ................must be filed within a prescribed time after judgment is entered

Answer 58

notice of appeal

Question 59

The appealing party is the-------------------or----------- | The responding party is the -----------------or------------

Answer 59

appellant or petitioner. | appellee or respondent

Question 60

An appeal bond, is also called a ........................ bond

Answer 60

supersedeas

Question 61

In Texas an-----------------------------is required for appeal

Answer 61

appeal bond

Question 62

The appellant’s attorney may file an ....................., setting forth legal research and other supportive information

Answer 62

opening brief

Question 63

The appellee can file a .........................

Answer 63

responding brief

Question 64

in appeal there is no..................

Answer 64

new findings

Question 65

the Action by Appellate Court could be?

Answer 65

1. Affirm 2. Reverse 3. Remand

Question 66

---------------is when a court believes there were no errors in the application of the procedural or substantive law so the prior decision stands

Answer 66

Affirm

Question 67

...................is when a court rules that lower court made substantial error and changes the decision

Answer 67

Reverse

Question 68

........................ is when a court finds that lower court made an error that it can correct

Answer 68

Remand

Question 69

Was the U.S. v. Eichman case Heard by the Supreme Court? Why and Why not ? (flag burning)

Answer 69

Yes, because it is a contitutional issue and has to deal with freedom of speach.

Question 70

...............is a situation in which one party has communication with the judge without the participation of the opposing party

Answer 70

ex parte

Question 71

..................is to speak the truth

Answer 71

voir dire

Question 72

. ............. is a List of the individuals and organizations you know are involved in the dispute. Also it catalog key documents and other important pieces of physical evidence. it capture each player’s name and a description of the role the person, entity, or document plays in the case.

Answer 72

Chronology

Question 73

A..........................must 1. Rebut the plaintiff’s evidence; 2. Prove any affirmative defenses asserted by the defendant; and 3. Prove any allegations contained in the defendant’s cross-complaint.

Answer 73

A defendant