Mid-Term Ch. 1-12

Question 1

Pretrial publicity is often a reason for a defendant to seek a __________

Answer 1

change of venue

Question 2

Following a court’s decision, either party may file an __________ , a request to a higher court to review the decision of a lower court that tried the case.

Answer 2

appeal

Question 3

The power of two or more courts to decide a particular case is called

Answer 3

concurrent jurisdiction

Question 4

A criminal action, known as a prosecution, begins with the issuance of a(n)

Answer 4

arrest warrant

Question 5

Sometimes the prosecution and the defense work out a mutually satisfactory disposition of a case through a process known as

Answer 5

plea bargaining

Question 6

The jury, or judge in a nonjury trial, is known as the

Answer 6

fact finder

Question 7

A formal document containing a short and plain statement of the claim indicating that the plaintiff is entitled to relief and containing a demand for the relief sought is called a(n)

Answer 7

complaint

Question 8

A __________ is an order disposing of an action without trial of the issues.

Answer 8

dismissal

Question 9

Unless a case is dismissed by the allowance of a motion to dismiss, the defendant must file a written __________ within a prescribed number of days after service of process

Answer 9

answer

Question 10

A written or oral request made to a court for a certain action to be taken is called a

Answer 10

motion

Question 11

After an action begins, any party may take the testimony of any person, including a party, by

Answer 11

deposition on written questions or

deposition on oral examination

Question 12

When a case goes to court, depositions may be used to contradict or __________ any contrary testimony of a witness.

Answer 12

impeach

Question 13

Amending the pleadings, limiting the number of expert witnesses, and obtaining admissions of fact are actions that a judge may consider doing in a __________

Answer 13

pretrial hearing or

motion in limine

Question 14

Lawyers and their employees are not allowed to use information that they learn from prospective client cases that they do not take.

Answer 14

True

Question 15

Questions that suggest to the witness the desired answer are called __________ .

Answer 15

leading questions

Question 16

Evidence that is pertinent and proper to be considered in reaching a decision, according to specific rules, is known as __________

Answer 16

admissible evidence

Question 17

__________ modify or invalidate earlier parts of the Constitution.

Answer 17

Amendments

Question 18

The Supremacy Clause makes federal law preeminent when state and federal law conflict

Answer 18

True

Question 19

Under the _______________,evidence obtained by an unconstitutional search or seizure cannot be used at the trial of a defendant.

Answer 19

exclusionary rule

Question 20

Knowledge that a crime is going to be committed by another person is enough to become an accessory before the fact to the crime that is subsequently committed by another person.

Answer 20

False

Question 21

As opposed to eyewitness testimony, __________ is of an indirect nature and requires someone to draw an inference about a fact.

Answer 21

circumstantial evidence

Question 22

_____________involves keeping the client reasonably informed about the status of his or her matter and responding to client requests for information.

Answer 22

Diligence

Question 23

It is not against the conflict of interest rule for a lawyer or paralegal to change jobs and work at a law firm that has a client involved in a case against a party that was a former client at the lawyer’s or paralegal’s law firm.

Answer 23

False

Question 24

When a witness testifies as to something that he or she observed, it is called

Answer 24

direct evidence

Question 25

After all of the defendant's witnesses have been examined and cross-examined, the defendant's attorney rests the case. At this point, the plaintiff's attorney may offer

Answer 25

rebuttal