March 21 Exam Flashcards
The _____________________ is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
statute of limitations
A person giving a deposition is called a
deponent
Another name for jury instructions is
jury charge
Papers filed with the court to initiate or respond to a lawsuit are called
pleadings
The initial pleading in state court is called
petition
The initial pleading in federal court is called a
complaint
A ___________________ is a court order directing the defendant to appear in court and answer.
summons
A chronology is a
time line
Name two dispositive pretrial motions:
motion to dismiss and motion for summary judgment
What does “dispositive” mean in that context?
To dispose all or part of the case before the trial
When lawyers speak to and with the jury panel prior to the selection of the jury, this is called
voir dire
The words that an attorney says to the seated jury at the start of the trial are
opening statements
The last words that an attorney says to the seated jury are called
closing arguments
What two things may take place in trial immediately after both sides rest?
rebuttal and rejoinder
Who reads the verdict in Texas state courts?
The court clerk
JNOV stands for the Latin phrase
judgment non obstante verdicto
Explain JNOV.
When the judge disagrees with the jury, and he enters his own ruling into judgment instead of the juries
When the judge reduces the amount of damages awarded by a jury, that’s called
remittitur
The appealing party is called the _______________- and the other party is called the ______________________.
appellant
appellee
What 3 actions may an appellate court take after hearing a case?
affirm, remand, reverse
Name 5 forms of discovery
- deposition
- interrogatories
- request for production
- mental and physical exams
- request for admissions
- request for disclosure
Written questions submitted to a party during discovery are called
interrogatories
If an RFA is not answered in time, it is _____________________________ and to undo that, you’d file a ______________________________.
deemed admitted
motion to strike deemed admissions
Pro se means to
represent oneself
Ex parte means
from one party
In the email from the defendant to her husband, in the mock trial, by what “pet name” does she refer to him
baby
What is the name of the case that the mock trial parties were working on just before the vandalism took place?
Vara v. CBS
What kind of premium package was on the Prius that is the subject of the mock trial?
Advanced Technology Package
If other persons have pecuniary interest in a lawsuit, they may step in and become parties in a process called
intervention.