General Terms

Question 1

What is jurisdiction

Answer 1

The authority of a court to hear a case

1. Geographical
2. Personal (long-arm statute)
3. Subject Matter

Question 2

What is venue?

Answer 2

The geographic district in which legal action is tried and from which the jury is selected.

Question 3

What is the adversary system?

Answer 3

A judicial system in which the court of law is a neutral arena where two parties argue their differences.

1. Texas Rules of Procedure
2. Texas Rules of Evidence
   a. e.g. hearsay, admissable, privilege, authenticated.

Question 4

What is a pleading?

Answer 4

Statements by the plaintiff and the defendant that detail the facts, charges, and defenses of a case.

Question 5

What are affirmative defenses?

Answer 5

A response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal right to bring an action. An example is the running of the statute of limitations.

Question 6

What is an answer?

Answer 6

Procedurally, a defendant’s response to the plaintiff’s complaint.

Question 7

What is default judgment?

Answer 7

a decision that the plaintiff wins without trial because the defendant failed to answer in time

Question 8

What is service of process?

Answer 8

The delivery of the complaint and summons to a defendant.

Question 9

What is an original petition?

Answer 9

It is what you file in Texas to begin a civil case, as opposed to a complaint in Federal court.

Question 10

What is discovery?

Answer 10

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial.

1. Deposition
2. Interrogatory
3. Request for Admission
4. Request for Production

Question 11

What is a mation?

Answer 11

a request made to the court

Question 12

What is an order?

Answer 12

a direction issued by a court or a judge requiring a person to do or not do something.

Question 13

What is a pretrial conference?

Answer 13

A conference, scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference.

Question 14

What is a civil trial?

Answer 14

A court case in which one party seeks compensation for damages caused by another party’s negligence

Question 15

What is a judgment?

Answer 15

The final result of a trial.

Question 16

What is voir dire?

Answer 16

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.

Question 17

What are jury instructions?

Answer 17

The judge gives the jury the particular rules of law that apply to the case.

Question 18

What is a verdict?

Answer 18

A decision on a disputed issue in a civil or criminal case or an inquest.

Question 19

What is an appeal?

Answer 19

apply to a higher court for a reversal of the decision of a lower court.