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Question 1

COMMON LAW

Answer 1

law created and developed soley through judicial opinions, Stare Decisis

Question 2

CIVIL COURT

Answer 2

all cases that are not criminal - usually between individuals or corporations, gov’t not a party, usually resolved by agreement between parties

Question 3

Complaint

Answer 3

Plaintiff provides doc

Question 4

AGREEMENT BETWEEN PARTIES

Answer 4

way most civil cases are resolved, one of three manners that trial court cases can be settled. Negotiated settlement where each party gets some part of what they want – if satisfied then parties will voluntarily consent to dismissal of the case

Question 5

ANSWER

Answer 5

defendant pleading as response to civil complaint – answers paragraph by paragraph by agreement or disagreement with plaintiffs’ assertions – defendant can decline to respond, may simply note he/she has no basis from which to agree or disagree with plaintiff assertion in complaint

Question 6

ASSISTANT US ATTORNEY

Answer 6

ADA Asst District Attorney – represents US gov’t in federal criminal cases

Question 7

CAUSE OF ACTION

Answer 7

basis of law suit

Question 8

CIVIL COURT

Answer 8

all cases that are not criminal - usually between individuals or corporations, gov’t not a party, usually resolved by agreement between parties

Question 9

COMMON LAW

Answer 9

law created and developed soley through judicial opinions, Stare Decisis

Question 10

COMPLAINT

Answer 10

plaintiff provides, document with individually numbered paragraphs, names or parties, location of dispute, what happened, why plaintiff is entitled to some form of relief. In federal court, plaintiff complaint must lay out basis for courts jurisdiction

Question 11

CONCLUSIONS OF LAW

Answer 11

judges job - eg decisions on motions, rulings on admissibility of evidence, rulings on parties objections

Question 12

COUNTER CLAIM

Answer 12

defendant against Plaintiff

Question 13

CRIMINAL COURT

Answer 13

state or fed gov’t alleging that some other party commited some crime

Question 14

CROSS EXAMINATION

Answer 14

defendant turn to ask witness questions after plaintiff direct examination

Question 15

DEFENSE COUNSEL

Answer 15

lawyer representing defendant

Question 16

DEPOSITION

Answer 16

formal question and answer session with witness. Typically witness is under oath – risk of perjury, either stenographer or electronic recording

Question 17

DIRECT EXAMINATION

Answer 17

plaintiff attorney brings in a witness and asks questions

Question 18

DISTRICT COURTS

Answer 18

in federal system are trial courts, in Ohio system – Court of appeals

Question 19

DISCOVERY PHASE

Answer 19

investigative process where attorneys obtain information necessary to case - depositions, interrogatories, admissions, request for production of documents(RFPs)

Question 20

FEDERAL JURISDICTION

Answer 20

US gov’t is party, controversy between states

Question 21

FEDERAL COURT STRUCTURE

Answer 21

federal trial court(US district courts – atleast one per state, DC, Territories – total 94), United States Circuit Courts of Appeals(13 in total)[Ohio in 6th Circuit with Mich, Kent, TN – court is in Cincinatti], US supreme court

Question 22

FINDING OF FACT

Answer 22

– judge or juries resolution of factual dispute in trial

Question 23

INTERROGATORIES

Answer 23

series of questions, sent by both plaintiff and defendant - certain number of questions allowed to opposing counsel, party must respond if he knows answer – exceptions e.g. privileged communication between lawyer and client

Question 24

JURISDICTION

Answer 24

power of a court, can be geographic, subject matter,(e.g. copyright(federal)), personal(e.g does federal court have jurisdiction over non residents in that district)

Question 25

MOTION

Answer 25

a request for a judge to take an action during course of a lawsuit e.g. motion to dismiss, motion for summary judgement

Question 26

MOTION FOR SUMMARY JUDGEMENT

Answer 26

arguing that material facts are not in dispute and the law dictates that the moving party should win , “thre is no genuine issue as to any material fact and that the moving party is entitled to a judgement as a matter of law Rule 56© of Fed Rules of Civil procedure

Question 27

MOTION TO DISMISS(Civil)

Answer 27

moving parties saying that even if everything stated in the complaint is true, the plaintiff still can not win, failure to state a claim upon which relief can be granted Fed Rule of Civil Proc 12(b)(6)

Question 28

OHIO COURT STRUCTURE

Answer 28

1)Mayor’s Courts, 2)Courts of Common Pleasone in each of 88 counties 3) Courts of Claims(Judges assigned by Chief Justice, 1,2,3 - Court of Appeals(12 districts, 3 judge panel)[e.g of Intermediate Court of Appeals]– Supreme Court(Chief and six judges)

Question 29

PLAINTIFF

Answer 29

party alleging that they have been harmed, files suit against the defendant

Question 30

PLEADINGS PHASE

Answer 30

initial phase of civil suit

Question 31

POSITIVE LAW

Answer 31

enacted – constitution, statutes, administrative rules, ordinances

Question 32

PREDOMINANCE OF THE EVIDENCE STANDARD

Answer 32

in most civil cases, plaintiff must convince the jury that the evidence weighs in her/his favor. Scale weighing evidence only needs to tip slightly in favor of plaintiff for her/him to win

Question 33

PRO SE

Answer 33

defendant chooses to proceed without a lawyer and defend him/herself

Question 34

QUESTION OF FACT

Answer 34

parties disagree as to what happened e.g. speed of the car

Question 35

REDIRECT EXAMINATION

Answer 35

plaintiff may ask additional questions after defendant does cross examination

Question 36

REQUEST FOR THE PRODUCTION OF DOCUMENTS

Answer 36

final discovery phase, allows litigant to obtain and view important papers from opposing litigants. E.g business records, deed, tax returns

Question 37

STARE DECISIS

Answer 37

doctrine of precedent

Question 38

STATE COURT STRUCTURE

Answer 38

state trial level court – Intermediate Court of Appeals(not all states have one) – State Supreme court,

Question 39

STATE SUPREME COURT

Answer 39

state supreme court in most instances is final word on matter of state law, appeal from state supreme court to US Supreme court typically where some state court has reviewed some aspect of federal law, e.g US Constitution

Question 40

TRIAL COURT CASES

Answer 40

once started can end In one of three ways: agreement between parties, motion or trial

Question 41

TRIER OF FACT

Answer 41

either judge(jury waived) or jury

Question 42

JUDGEMENT AS A MATTER OF LAW

Answer 42

(or in some jurisdictions – DIRECTED VERDICT) made by defendant once both sides have rested, asserting that the evidence is so weak that no reasonable jury could find for the prosecution. Fed R Civ Proc 50(a) therefore judge should end case in favor of the defendant without allowing jury to deliberate. If allowed, case is over, jury dismissed, plaintiff only choice is to appeal. Can be done again by defense if jury finds in favor of the plaintiff

Question 43

DIRECTED VERDICT

Answer 43

(or more commonly – JUDGEMENT AS A MATTER OF LAW-) made by defendant once both sides have rested, asserting that the evidence is so weak that no reasonable jury could find for the prosecution. Fed R Civ Proc 50(a) therefore judge should end case in favor of the defendant without allowing jury to deliberate. If allowed, case is over, jury dismissed, plaintiff only choice is to appeal. Can be done again by defense if jury finds in favor of the plaintiff

Question 44

JUDGEMENT NON OBSTANTE VEREDICTO

Answer 44

“judgement not withstanding the verdict” JNOV - defendant files motion after jury finds in favor of plaintiff, if denied, trial court phase of case is over

Question 45

CRIMINAL COMPLAINT

Answer 45

complaint in some criminal cases when initiates lawsuit – lists crime(s) the defendant as well as some very general information supporting the charge- used by prosecutors only for relatively minor crimes

Question 46

GRAND JURY PROCEEDING

Answer 46

prosecution seeking to obtain an indictment, must convince grand jury that there is probable cause to believe defendant committed crime, probable cause standard far easier to meet than “Beyond a reasonable doubt” standard in criminal trials

Question 47

TRUE BILL

Answer 47

majority of grand jury vote favorable regarding indictment

Question 48

NO BILL

Answer 48

grand jury negative vote for indictment