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Court Terminology and Rules > General CR Terminology > Flashcards

General CR Terminology Flashcards

1
Q

federal and state statues to protect trade and commerce from unlawful restraints, prior discriminations, price fixing, and monopolies

A

ANTITRUST LAWS

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2
Q

a convenience held by attorneys with a judge out of the hearing of the jury may also be called a sidebar

A

BENCH CONFERENCE

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3
Q

the last page to appear within a transcript; dated and signed by the court reporter who took the matter, attesting that the transcript is true and accurate

A

CERTIFICATE PAGE

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4
Q

a question extracted from a deposition and transcribed by the reporter to be taken to a judge having jurisdiction in the matter for a ruling

A

CERTIFIED QUESTION

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5
Q

professional responsibility of reporter to not disclose testimony to others; extends to scopists, transcribers and office staff

A

CONFIDENTIALITY

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6
Q

jury selection,
opening statements,
examination of witnesses,
physical evidence,
plaintiff rests,
motion for directed verdict,
defendant’s case in chief,
defendant rests,
plaintiff’s rebuttal,
defendant’s surrebuttal,
closing arguments,
jury instructions,
jury deliberation and verdict,
entry of judgment

A

ELEMENTS OF CIVIL TRIAL

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7
Q

jury selection,
opening statements,
plaintiff’s case in chief,
defendant’s case in chief,
prosecution rebuttal,
defense surrebuttal,
closing arguments,
jury instructions,
jury deliberation and verdict,
polling of jury

A

ELEMENTS OF CRIMINAL TRIAL

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8
Q

title,
index,
stipulations,
body,
exhibits,
certificate

A

ELEMENTS OF TRANSCRIPT

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9
Q

a page separate from the transcript upon which a deponent is permitted to correct any errors he or she claims are present in a transcript

A

ERRATA PAGE

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10
Q

material items of physical evidence introduced by attorneys to corroborate and confirm oral testimony or to introduce new evidence, which are marked for identification so they can be discussed

A

EXHIBIT

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11
Q

a portion of the Federal Rules of Civil Procedure which defines matters pertinent to the taking of depositions; many states pattern their rules pertaining to depositions after this rule

A

FEDERAL RULE 30

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12
Q

professional responsibility of reporter to be fair and unbiased to each participant in a proceeding and to be alert to and disclose any potential conflict of interest

A

IMPARTIALITY

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13
Q

proceedings in which a non-English speaking witness testifies through an interpreter following an oath administered to the interpreter that he or she will truly interpret the testimony for the witness

A

INTERPRETED PROCEEDINGS

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14
Q

extra services an individual reporter or agency offers clients, including instant viewing, ASCII disk, keyword indexing, condensed transcript, and print options

A

LITIGATION SUPPORT SERVICES

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15
Q

a form of attestation by which a person calls upon his god to witness truth of his testimony, called affirmation when all reference to god is omitted; also referring to as swearing the witness

A

OATH

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16
Q

during a deposition, a discussion held by attorneys which is not reported; requires the agreement of all attorneys present

A

OFF THE RECORD

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17
Q

a reporter who works in a courtroom setting or does reporting for governmental agencies

A

OFFICIAL REPORTER

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18
Q

an expression or statement added to a transcript by the reporter to explain non-verbal situations or movements which occur during a proceeding

A

PARENTHETICAL NOTATION

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19
Q

having high standards in one’s career, the ability to work with great skill, and treating all persons in a fair, impartial, and unbiased manner

A

PROFESSIONALISM

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20
Q

an order issued by a court to permit one party to temporarily hold back certain documents or information, or to protect a person from harassment or service of process, may also be used when interrogatories or requests for production are oppressive or burdensome

A

PROTECTIVE ORDER

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21
Q

a reporter may be requested to read back portions of testimony following an objection, when a question needs to be rephrased, or following a brief recess in the proceedings

A

READBACK (noun); READ BACKck (verb)

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22
Q

a preprinted form that is filled in at the time of the proceeding or from the reporter’s notes which includes date, time, and location of the proceeding, appearances, exhibits, and witnesses, as well as any other information pertinent for billing or contact, may also be called information sheet, poop sheet, dope sheet, dog sheet and control sheet

A

REPORTER’S WORKSHEET

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23
Q

a transcript which is not fully edited and may contain errors; does not include a title page, appearance page, or certificate page, but should contain a disclaimer and header or footer stating that it is a rough draft

A

ROUGH DRAFT TRANSCRIPT

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24
Q

the title or style of the case includes the names of the parties, the venue of the matter, and the case number, may also be called the caption or the heading

A

STYLE OF THE DEPOSITION

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25
Q

examination by attorneys of prospective jurors with regard to qualifications, lack of prejudice, and general knowledge and understanding; at depositions or at trial, examination by attorneys of an expert witness with regard to qualifications as an expert

A

VOIR DIRE

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26
Q

the proper transcription of the name of a witness as it appears within the transcript, referring to the information that appears between the time a witness is called and when he or she begins testimony;
includes the calling of the witness, the oath if transcribed, his or her name keyed in spread-heading format, and who the witness was called for or whether he or she is the plaintiff or defendant, and may also include asking the witness to state his or her name and address for the record

A

WITNESS SETUP

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27
Q

How may a reporter make corrections to a. deposition transcript?

A

By executing an errata sheet.

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28
Q

A proceeding in which all parties are not present or given the opportunity to be heard.

A

An EXPARTE PROCEEDING

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29
Q

They best source for verifying medical terms when a county coroner testifies regarding cause of death?

A

THE AUTOPSY REPORT

30
Q

An exhibit label should contain this information

A

Exhibit Number
Date
Reporter’s name or initials

31
Q

To remove unhealthy tissues

A

DEBRIDEMENT

32
Q

An impediment to an inheritance is referred to as

A

An encumbrance

33
Q

Federal Rules of Civicl Procedure 30(b)(((6) allows who to be named in a Notice of Deposition?

A

A public or private corporation

34
Q

The heading that indicates the names of the parties, the court, and the file number in an audio deposition or trial transcript or other legal instrument??

A

CAPTION

35
Q

A freelance reporter may be called upon to report under this type of deposition.

A

Deposition pursuant to Title 18 of the U.S. Code

36
Q

What distinguishes a sworn statement from a deposition?

A

A sworn statement does not require the witness to have counsel present.

37
Q

Doctrine that states long-neglected rights can’t be enforced

A

LACHES

38
Q

Amendment which prohibits double jeapardy

A

THE FIFTH AMENDMENT

39
Q

Amendment which prohibits cruel and unusual punishment

A

THE EIGHTH AMENDMENT

40
Q

Motion for summary judgment is usually brought by

A

A DEFENDANT

41
Q

Redirect examination immediately follows

A

CROSS-EXAMINATION

42
Q

A defendant would be found insane under this rule

A

M’Naghten rule

43
Q

If the defendant fails to answer in a civil proceeding, the plaintiff may be able to get a judgment by

A

DEFAULT

44
Q

When an attorney excuses a prospective juror for cause, the reason must be.

A

Apparent or stated

45
Q

The plaintiff’s case is also called the

A

CASE IN CHIEF

46
Q

A “fair preponderance of the evidence” is most likely heard in this type of case.

A

CIVIL

47
Q

“I would like to offer this deposition of the plaintiff in evidence at this time,” is most likely heard in this type of case

A

CIVIL

48
Q

A cross-complaint and cross-defendant are most likely terms used in this type of case.

A

CIVIL

49
Q

The “greater weight of the evidence” is most likely heard in this type of trial.

A

CIVIL

50
Q

“Beyond a reasonable doubt” is most likely heard in this type of trial.

A

CRIMINAL

51
Q

The best method of filing a reporter’s notes is by

A

The date of the proceeding

52
Q

Specific performance would customarily be sought

A

IN EQUITY

53
Q

In pleading practice, the complaint is the

A

First pleading of the plaintiff

54
Q

The Supreme Court was created by

A

Article III of the Constitution

55
Q

When an attorney has no reason to excuse any juror for stated prejudice

A

PASS FOR CAUSE

56
Q

Certificate of person whom a writing was sworn to

A

JURAT

57
Q

A deposition could never be taken on notice and deposition.

A

FALSE

58
Q

Signature may be waved if

A

The attorneys and witness agree

59
Q

During a deposition an objection which would not be reserved until the time of trial would be to

A

The form of the question

60
Q

A portion of a deposition which has been received in evidence at trial shall be apart of the transcript

A

On appeal

61
Q

A reporter would not transcribe part of a deposition if

A

It was stipulated to by the parties

62
Q

Blind numbering of the transcript would be most likely if there were

A

Two reporters on the job

63
Q

When the taking attorney agrees, but the opposing counsel does not agree to a retroactive oath

A

Administer the regular oath; the attorneys can argue the matter later before the court, if necessary.

64
Q

Only after a deposition transcript has become public record may the reporter do this.

A

Transcript may be sold to third parties.

65
Q

During a trial, if the reporter is requested by both attorneys to prepare a transcript of witness’s testimony overnight, what should the reporter do?

A

Consult the judge for a ruling if unable to prepare both transcripts.

66
Q

An official reporter receives a notice of appeal in a criminal case, along with a request for an electronic copy. What should the reporter do?

A

Deliver a transcript and electronic copy in a timely manner as provided by statute, court order or agreement.

67
Q

What should the reporter do when a witness refuses to be sworn or make an affirmation.

A

Ask the attorneys present to instruct the witness.

68
Q

The county coroner testified regarding the cause of death using many medical terms. What is the best source for verifying the medical terms?

A

The autopsy report

69
Q

A deposition exhibit label should contain what?

A

The exhibit number, the date, and the reporter’s name or initials

70
Q

A freelance reporter might be called upon to report this type of deposition.

A

Depositions pursuant to subpoena.

71
Q

When one attorney refuses to continue the deposition until a question is answered, what may be required of the reporter?

A

Immediate certification of the question.

72
Q

How is a sworn statement distinguished from a deposition?

A

A sworn statement does not require the witness to have counsel present

Court Terminology and Rules (1 decks)

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