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Civil Litigation Quizzes > final > Flashcards

final Flashcards

1
Q

The individual, company, or institution that initiates a lawsuit is called?

A

Plaintiff

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2
Q

The individual, company, or institution against whom a lawsuit is brought against is called?

A

Defendant

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3
Q

The heading or title used in all legal pleadings is called?

A

Caption

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4
Q

What is the name of the pleading that initiates a lawsuit?

A

Petition

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5
Q

The document filed by the defendant in a civil action that responses to each of the allegations raised in the plaintiff’s complaint, denies or admits to the factual allegations, and denies or admits to responsibility for the plaintiff’s injury is called a?

A

Answer

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6
Q

The amount of proof that the plaintiff must present in order to substantiate hie or her claims as made in the complaint is called?

A

Burden of Proof

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7
Q

The level of proof required in a civil case: “more likely than not to be true” is?

A

Preponderance of the evidence

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8
Q

A jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages is called?

A

Liability

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9
Q

A law that is voted on by the legislative branch and enacted by the executive branch is a?

A

Statute

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10
Q

The power of the court to decide issues in a case is?

A

Jurisdiction

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11
Q

The power of a court to consider specific types of cases for example bankruptcy court is?

A

Subject matter jurisdiction

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12
Q

A request by a party to a judge is called a?

A

Motion

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13
Q

The attorney’s fee calculated as a percentage of the final award in a civil case normally used in personal injury case is what type of contract?

A

Contingency fee

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14
Q

When a person who is not an attorney gives legal advice or counsel to a client is called

A

Unauthorized practice of law

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15
Q

A government official responsible for maintaining public records is called a?

A

Clerk

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16
Q

A personal, financial, or other injury for which the law gives a person the right to receive compensation is called?

A

Cause of Action

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17
Q

A statute that imposes a time limit on the initiation of a civil action is called?

A

Statute of limitation

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18
Q

A company or individual who charges a fee for locating a witness or potential civil ligation is called?

A

Skip tracing agency

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19
Q

An attorney who is an employee of an attorney partnership is called?

A

Associate Attorney

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20
Q

The organization that licenses and oversees the practice of law and the conduct of attorneys in the state. An attorney must be a member of the ____________ before she/he will be allowed to practice in that state.

A

State bar

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21
Q

When defendant owns a home (“real property”) in the state or conducts substantial business in the state, then the court may be able to have ____________________ over him/her.

A

Personal jurisdiction

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22
Q

A _________________ authorized by the Rules of Civil Procedure that allows a defendant to contest a court’s personal jurisdiction without submitting to it through the challenge.

A

Special appearance

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23
Q

The requirement that a given court have power to hear the specific kind of claim that is brought to that court is called? Example Tax Court, Court of Criminal Appeals.

A

Subject matter jurisdiction

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24
Q

A written statement, made under oath, that details specific facts is called?

A

Affidavit

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25
Q

The transfer of a case from state court to a federal court?

A

Removal

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26
Q

A claim or other allegations not based on fact, but out of a desire to harass, intimidate or waste time is?

A

Bad faith

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27
Q

A judgment entered against a defendant who fails to file an answer to the complaint is called?

A

Default judgment

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28
Q

Accord and satisfaction, duress, fraud, license, statute of frauds, statute of limitations are examples of what type of defenses?

A

Affirmative defense

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29
Q

A motion that challenges the basis of the complaint for failure to state a claim upon which relief can be granted is called?

A

12(b)(6)

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30
Q

A claim by the defendant against the plaintiff where the defendant seeks damages is called?

A

Counterclaim

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31
Q

The insertion of a third party in o a pending action, often to resolve issues directly related to the third party’s interest is?

A

Intervention

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32
Q

A lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests etc. is called?

A

Class action

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33
Q

A claim by on party against another party on the same side of the action is called?

A

Crossclaim

34
Q

Any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case is called?

A

Evidence

35
Q

The characteristic of evidence that makes it tend to prove or disprove some fact or allegation in a case is?

A

Relevance

36
Q

Eyewitness testimony, video or audiotapes of conversations, written statements etc. are examples of?

A

Direct evidence

37
Q

Evidence that suggests a conclusion is called?

A

Circumstantial evidence

38
Q

Proof that evidence is what it claims to be is called?

A

Authentication

39
Q

The authority of a judge to agree that certain facts are true without the necessity of proof is called?

A

Judicial notes

40
Q

A certified document from the clerk of the court is an example of a?

A

Self-authenticating document

41
Q

An agreement between parties as to facts or an agreement between attorneys as to procedural matters is called?

A

Stipulation

42
Q

Request for Production, Interrogatories, Request for Admissions are examples of?

A

Discovery

43
Q

Written questions posed by one side of a civil action to the other side are called?

A

Interrogatories

44
Q

A request for production of documents compels one party to serve documents and evidence on another party, while a _______________ requires a witness to bring items to court and present them to the judge.

A

Subpoena duces tecum

45
Q

A __________________ is a face-to-face session under oath between the attorneys in the case and a witness.

A

Deposition

46
Q

A ____________________ is the party’s proof that a copy of the motion was served on all parties of record.

A

Certificate of service

47
Q

A party who moves for a ___________________ alleges that, taking all facts as true, the opposing party is not entitled to any legal relief and dismiss all claims.

A

Motion for Summary Judgement

48
Q

A motion that resolves some or all issues in pending litigation for example a motion for summary judgement or a Rule 12(b) motion are called.

A

Dispositive motion

49
Q

What is a motion in limine?

A

A motion on evidentiary matters

50
Q

A motion requested by the defendant at the conclusion of the plaintiff’s case in chief and moves the court to enter a verdict in its favor without resorting to jury deliberation is a?

A

Motion for directed verdict

51
Q

Let us suppose that at the end of trial, the jury finds for the plaintiff and assess damages against the defendant. In such a situation, the defendant would file a ______________________, alleging any possible improprieties that may have occurred during the trial.

A

Motion for New Trial

52
Q

What is the worst thing you can tell a witness about testifying?

A

Guess

53
Q

______________________ are scheduled so that the judge can meet with all parties and discuss the basic framework of the action and settle some of the ground rules for the later trial.

A

Pretrial conferences

54
Q

Those people that have been selected to sit in a trial and hear and consider the evidence and reach a verdict in a case are called?

A

Jurors

55
Q

The process where the attorneys speak to the panel of jurors about their potential biases in the case is called?

A

Voir dire

56
Q

When a juror is stricken because he cannot follow the rules of the court or already has chosen a side.

A

Challenge for cause

57
Q

A _________________________ allows an attorney to exclude a potential juror from serving on the jury without providing a reason.

A

Peremptory jury strike

58
Q

The questioning of a witness by the side that called the witness to the stand is called?

A

Direct examination

59
Q

The questioning of a witness to show bias, prejudice, or lack of knowledge and done by the other side’s attorney is called?

A

Cross examination

60
Q

The oral instructions given by the judge to the jury about how they should deliberate and what law they should follow is called?

A

Jury Charge

61
Q

______________________ refer to the monetary, property, or personal losses suffered by the plaintiff.

A

Damages

62
Q

The purpose of ______________________ is to place the plaintiff in the condition she was in prior to the injury.

A

Compensatory damages

63
Q

__________________refer to a type of compensation awarded in civil lawsuits, such as personal injury cases, to cover losses that are not easily quantified in monetary terms. These include damages for pain and suffering, emotional distress, loss of companionship or consortium, and loss of reputation.

A

General damages

64
Q

_____________________ refer to a type of compensation awarded in civil lawsuits to cover specific, quantifiable losses that result from an injury or harm. These damages can be precisely calculated and include expenses such as medical bills, therapy costs, lost wages, property damage, and future earning potential.

A

Special damages

65
Q

When an insurance company brings a _________________ action against the defendant it is entitled to sue in the plaintiff’s place for reimbursement for the funds paid out to the plaintiff under the insurance policy.

A

Subrogation

66
Q

___________________________ is a legal principle that requires an injured party in a civil lawsuit, such as a personal injury case, to take reasonable steps to minimize the harm they have suffered.

A

Mitigation of damages

67
Q

Courts in the United States have the power both to assess monetary damages and to use their ____________ powers to force individuals to do specific things.

A

Equity

68
Q

A _______________________________ is a court decision that resolves legal uncertainty by clarifying the rights, duties, or legal status of parties in a dispute.

A

Declaratory judgment

69
Q

What is arbitration?

A

The process of bringing both sides in a civil suit together to negotiate a resolution

70
Q

The agreement to arbitrate a specific matter or issue raised between the parties is called?

A

Submission

71
Q

________________________ is a process where an impartial third party, helps people involved in a dispute come to a mutual agreement or resolution.

A

Mediation

72
Q

A declaration by the mediator that the parties are unable to reach an agreement is called a?

A

Impasse

73
Q

_________________________ often involves payment by the defendant to the plaintiff in exchange for the plaintiff dismissing his claim.

A

Settlement

74
Q

To relinquish a legal right to claim in exchange for the money payment through the settlement is called a

A

Release

75
Q

Cameron county is assigned to which court of appeals?

A

13th

76
Q

The Southern District of Texas is assigned to which Court of Appeals?

A

5th

77
Q

When the losing party is not happy with a verdict his next step is to file a?

A

Notice of Appeal

78
Q

The party that brings the appeal is called the?

A

Appellant

79
Q

Once a notice of appear has been filed the next step in the appeal is to request the _____________ to prepare the brief?

A

Record

80
Q

When the appeals court confirms the lowers court judgment is called?

A

Affirm

Civil Litigation Quizzes (6 decks)

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