Civil Litigation - MidTerm

Question 1

Attorney Work Product (trial preparation materials)

Answer 1

The attorney’s mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.

Question 2

Best Evidence Rule

Answer 2

Rule that allows only the original document or item to be admitted (exceptions are allowed for practical reasons).

Question 3

Class Action

Answer 3

A suit by or against an entire class - whose members are too numerous for a joinder - represented by one or a few individuals.

Question 4

Exclusive Jurisdiction

Answer 4

Authority of the only court to handle a specific type of case.

Question 5

General Jurisdiction

Answer 5

The right to hear all types and subjects of cases rather than just a specific class.

Question 6

Limited Jurisdiction

Answer 6

Authority to hear cases dealing only with specific subjects.

Question 7

Original Jurisdiction

Answer 7

The right of a specific court to hear a specific type of action first.

Question 8

Pleading

Answer 8

Formal documents filed in a lawsuit that inform all parties of the basis for and defenses to the lawsuit; normally include the complaint, answer, counterclaim and reply, answer to cross-claim, and third-party complaint and answer.

Question 9

Procedural Law

Answer 9

Law that defines the rules and steps that must be followed in a lawsuit.

Question 10

Ethics

Answer 10

For attorneys, the rules of conduct that govern the practice of law.

Question 11

Release

Answer 11

A document executed by the plaintiff or claimant that frees the defendant from any further obligations or liability stemming from the incident cause the damages in return for consideration (money).

Question 12

Relevant Evidence

Answer 12

Admissible in court, of consequence to the determination of the action and tending to prove or refute a fact of consequence.