Jeapardy

Question 1

Mediation

Answer 1

A formal conference between the parties and a neutral person with the intent to arrive at a settlement of the parties’ dispute.

Question 2

Keeper

Answer 2

A law enforcement agent who stays on the premises of a business and collects cash or checks sufficient to satisfy a judgment. If insufficient funds exist, the keeper may also take possession of personal property and sell the property in order to satisfy the judgment.

Question 3

Removal

Answer 3

The procedure in which a defendant may transfer a case already filed in a state court to the federal district court for the same district in which the state action is pending.

Question 4

Bifurcate

Answer 4

When a judge divides a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damage proceedings.

Question 5

Surrebuttal

Answer 5

Evidence presented by the defendant that explains or denies the rebuttal evidence.

Question 6

For Cause

Answer 6

When a juror is stricken from the jury panel for a particular reason. For example, the juror may be biased or prejudiced toward one party, may have an interest in the litigation, or may know of the parties, or attorneys to the litigation.

Question 7

Arbitration

Answer 7

The submission by the parties of their dispute to an impartial tribunal for resolution.

Question 8

The five (5) parts of a motion:

Answer 8

1. Notice of Motion
2. Memorandum of Points and Authorities (Memo of P&A)
3. Declaration
4. Proposed Order
5. Proof of Service

Question 9

Case-In-Chief

Answer 9

The evidence supporting the particular party’s position.

Direct examinations are also referred to the case-in-chief.

Question 10

Standard of Review

Answer 10

Determines how an appellate court should look at the issues in deciding an appeal.

Example: Was there substantial evidence to support the judgment of the trial court?

The appropriate standard of review should be addressed within the argument in an appellate brief.

Question 11

Provisional Remedies

Answer 11

Include temporary restraining orders, preliminary injunctions,writs of attachment and possession, and lis pendens. Under proper circumstances, these remedies allow a plaintiff to essentially obtain the relief requested from the defendant before going to trial.

Question 12

Pretrial Conference

Answer 12

A meeting between the parties before the court after litigation has commenced, but before trial begins. At the meeting the parties will attempt to agree on all undisputed facts and narrow the issues for trial.

Question 13

Pretrial Order

Answer 13

Order that identifies the issues, witnesses, exhibits, and order of proof for trial, and acts as a guide for the trial. The order is prepared after the pretrial conference.

Question 14

Notice of Settlement

Answer 14

Final notification of settlement of entire case.

FORM CM 200

Question 15

Real Evidence

Answer 15

Refers to physical objects.

Question 16

Voir Dire

Answer 16

Occurs when the judge and, in some courts, the lawyers ask specific questions of the prospective jurors to ascertain any bias, prejudice, or other information that would affect the decision of the prospective juror in the case.

Question 17

Lis pendens

Answer 17

A notice that is recorded against particular real property alerting potential purchasers of the property that there is a pending dispute that affects title to or possession of the property.

Question 18

Under submission

Answer 18

Refers to the judge delaying decision on a motion until the judge has an opportunity to further research or consider the issues presented by the parties during the course of oral argument.

Question 19

Judgment debtor

Answer 19

The party who has lost a judgment and owes money to the other party.

The other party is called the judgment creditor.

Question 20

Rebuttal evidence

Answer 20

Evidence refuting the evidence presented by the defendant as part of the defendant’s case-in-chief.

Question 21

Consolidation

Answer 21

The combining of two trials or hearings into one.

Must meet the following two (2) elements:

1. Pending in the same court.
2. Common questions of law or fact.

Question 22

Closing arguments

Answer 22

The statements made by the lawyers at the close of all the evidence. The statements generally include a summary of the important evidence that was presented during trial.

Question 23

Injunction

Answer 23

Equitable remedy used by the plaintiff to stop certain conduct or actions of the defendant.

Question 24

Demurrer

Answer 24

A type of motion that asks the court to dismiss the other side’s pleading because the pleading is not legally sufficient.

Question 25

Writ of execution

Answer 25

An order from the court, empowering the sheriff, marshal, or other appropriate law enforcement agent to levy upon the assets of the judgment debtor.

Question 26

Settlements

Answer 26

90% of civil cases filed in court settle before trial.

Question 27

Memorandum of points and authorities

Answer 27

Legal document submitted with a motion setting forth background facts and legal authorities to support a decision.

Question 28

Structured settlement

Answer 28

A settlement under which the plaintiff receives periodic payments rather than one lump sum.

Question 29

Tentative ruling

Answer 29

A ruling by the judge based on the written briefs submitted by the parties and before oral argument is heard. The ruling is subject to change after oral argument.

Question 30

Release

Answer 30

A discharge of all claims against the parties as well as against any persons against whom the same claims are or could have been asserted.

Question 31

Voluntary dismissal

Answer 31

A withdrawal of a claim by the party originally asserting the claim.

Question 32

Default

Answer 32

A failure of a party to respond to the pleading of the opposing party

Usually occurs in the case of a defendant who does not respond to the plaintiff’s complaint.

Question 33

Trial preparation - charts

Answer 33

Four charts commonly used in trial preparation:

1. Jury
2. Witness
3. Exhibit
4. Trial

Question 34

Trail preparation - organization methods

Answer 34

Two popular methods for organizing trial material:

1. Trial divider method
2. Trial binder method

Question 35

With prejudice

Answer 35

Once the pleading is dismissed, the claim can never be refiled.

Question 36

Reply

Answer 36

Response to opposition to a motion.

Question 37

Seven Step Discovery Method:

Step 1

Answer 37

What facts are needed in order to establish a winning case on the client’s claims (