Midterm on Exam Flashcards
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called……………………
intervention
The…………………..is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
Statute of Limitation
A person giving a deposition es called a ………………..
deponent
Another name for jury instructions is …………………
jury charge
Papers filed with a court to initiate or respond to a lawsuit are called……………..
pleadings
The initial pleading in state court is called a ………..
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
2. Motion for summary judgment
What does “dispositive” mean in that context?
to dispose of the lawsuit
When a lawyer 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 called?
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 immeditely after boths sides rest?
Rebutal and rejoinder
Who reads the verdic in Texas state courts?
the clerk
JNOV stands for the Latin phrase
Jury non obstante verdicto
Explain JNOV
a judgement entered by a judge after a jury has returned a verdict
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 three actions may an appellate court take after hearing a case?
affirm
remend
reverse
The party who appeals may be required to post an appeal bond called a…………………..in Texas
supersedeas bond
name five forms of discovery
- request for admission
- request for disclosure
- request for production
- interrogatories
- deposition
- Physical and Mental Exam
Written questions submitted to a party during discovery are called?
interrogatories
If an RFA is not answered on time, it is…………..and to undo that, you’d file a ………….
deemed admitted
motion to strike deemed admission
Pro se means……………..
to represent oneself
Explain “ex parte”
When one party meat with the judge withoutthe other party been present
ESI stands for?
Electronic Saved Information
Clouds are?
remote storage systems hosted on the internet
A litigation hold is sent when litigation is (two words)
reasonably anticipated
What four things are in a litigation hold letter?
- Name of the parties involved
- Description of the legal claims
- Scope of the legal hold
- Likely sources of relevant ESI
How long does a litigation hold last if litigation has not commenced?
until Statute of Limitations expire
How long does a litigation hold last if litigation has already commenced?
untill all the appeal process has been exhausted
The intentional or negligent withholding, hiding, altering or destroying relevant evidence is called?
spoliation
A person who does spoliation is called a?
the trier of fact
What is the difference between a litigation hold and a preservation letter?
littigation hold is the letter sent to the opposing party and a preservation letter is for the client
The most cited e-discovery case is ………………v……………
Zulake v. U.S.
Email address, in the mock trial, of the defendants neighbor?
moremerlt@wino.com
Where plaintiff ordered dinner from on 9.20.2010?
Fuzzy Pizza
Name of the child whose birthday party was on 9.20.2010?
Kelsey
On what Street does the plaintiff live?
Morse st
What is the cost of a replacement Access card at the firm?
$500
What is the address of the law firm?
2323 S. Shepherd
What is the name of the security guard who is a witness?
Nathan Fredicksen
In the email from the defendant to her husband, in the mock trial, by what “pet name” does she referes to him?
Baby
What is the name of the case that the mocktrial parties were working on just before the damages to the car took place?
Vara v. CBS
List three diferences between mediation and arbitration
the arbitrator makes the final decisión, on mediation both parties agree on something.
Arbitration is final, mediation can be taken to court.
There are————-(number) of strictly Family Courts in Harris County
9
What are the three requirements for an Informal Mariage in Texas?
To call themselves husband and wife
to cohabitate
to agree they are married
Texas has two kinds of marriages: informal and———–
ceremonial
What is the diffrence between annulment and divorce?
Annulmant voids the marriage, divorce ends a valid marriage
Mínimum age at which a person can marry in TX without parental consent?
18
To get a divorce in Texas, you must live here for how long?
6 months
To get a divorce in Texas, for how long must you reside in the county in which you file?
90 days
What document is filed to start divorce proceedings?
file for petition
The party who files for divorce es called the ————- and the other party is called the………………
petitioner
respondent
TRO stands for?
Temporary restraining order
What is the minimum amount of time between filing and getting the divorce?
90 days
Can I get a divorce while I’m pregnant so that I can marry the real dad?
no
In what manner does a judge divide community property in a divorce?
Just and right
Support paid by one spouce to another during the pendency of a divorce action es called…………..
temporary spousal support
In Texas, “custody” is called—————
conservatorship
In Texas, “visitation” is called—————–
possession and access
The child support formula for two children is…………..of net source
25%
After a divorce, parts of the decree related to childen can be changed through a process called————–
modification
At what age can a child decide with which parent he will live?
18 years of age
A man who has been found to be a father of a child by court is called an…………….
ajudicated father
SAPCR stands for?
Suit affecting parent child relationship
How long do you have to wait to get married after a divorce is granted?
30 days
Can you be thrown in jail for not paying child support?
yes
Is it legal for me to marry my stepbrother?
yes
Can a same sex couple have an Informal Marriage in Texas?
no
The ethical rules for attroneys and paralegals in Texas are called…………….
Texas Diciplinary Rules for Profesional Conduct
UPL stands for————–
Unauthorized practice of law
May a paralegal sign a pleading by permission?
no
May a paralegal sign a certificate of service?
no
What should be in the signature box of the paralegal?
the full name and tittle
Is an attorney signature stamp the same as signing by permission?
yes
Is it all right for an attorney to give a paralegal a bonus based on the settlement of a big case?
no
Is it all right for a paralegal to conduct settlement negotiations with opposing counsel or his/her paralegal?
no
Is UPL a civil offense, a criminal offense, neither, or both?
both
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called——————
intervation
The…………………is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant
Statutes of Limitation (SoL)
A person giving deposition is called a ……………
deponent
Another name for jury instruction 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 a………….and in federal courts, it’s called a————–
petition
complaint
Name two dispositive pretial motions:
motion to dismiss and
motion for summary judgment
a litigation hold is sent when litigation is (two words)
reasonably anticipated
Which two agencies created the Do Not Call Registry?
Federal Communications Commission
Federal Trade Commission
What law establishes the procedures federal administrative agencies must follow?
Administrative Procedures Act
What agency regulates air, water, hazardous waste and pollution?
Environmental Protection Agency
What agency is responsable for coordinating certain federal agencies to protect the country against terrorism?
Department of Homeland Se3curity
What agency regulated the sale and purchase of stock and bonds?
Security Exchange Commission
What federal agency enforces many consumer laws?
Consumer Product Safety Commission
What agency regulates trade unions?
National Labor Relations Board
What federal agency regulates radio, televisión and cable?
Federal Communications Commission
What agency refulates the safety of cosmetics?
Food and Drug Administration
An…………………….is an order that directs a person to disclose the requested information
Administrative Subpoena
The——————————–was enacted to open certain federal administrative agency meeting to the public
government in the Sunshine Act
What kind of case was a Vara v. CBS case?
an employment contract case
Two broad categories of property are?
real property
personal property
Under which category of property are crops?
real property
Under which category of property are pets?
personal property
Under which category of property are minerals
real property
Name 3 ways in which personal property may be acquired?
purchase, inheritance, gift, production, misplace or lost
what are the tree elements of a valid gift of personal propertive?
delivey,
acceptance,
donative intent
The bundel of legal rights that the owner of land has to posess use or enjoy the property is called?
state in land
the highest form of ownership of real property is called
fee simple absolute
what are the two forms of future interests in real property?
reversión and
remainder
A form of joint ownership that includes a right to survivorship is called
joint tenancy
How many estates recognize community property of a married couple?
9
in real property transfer, the selles is called the ……………….and the buyer is called the………….
grantor
grantee
What is the name of the law that cover security dposits for aparments
Texas Security Deposit Law
At what age is a person considered an adult for purposes of the criminal justice system?
17
In the state of Texas, crimes are classified in what two categories?
misdemeanors
felony
The pólice took a client’s written statement. The client tells his attorney that he did not waived his right to an attorney. What type of motion should the attorney file to attempt to keep the statement our of evidence?
Motion to supress evidence
Name three ways a criminal case may be resolved?
guilty plea
paying a fine
preliminary hearing
evidence that is favorable to the defendant is called?
exculpatory evidence
Which motion should be filed in every criminal case that is set for trial?
discovery motion
What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court?
certification hearing
A juvenile commits a first degree felony. What is the mínimum age she must be if the State wants to transfer her case to criminal district court?
14
What is the mínimum age for criminal responsibility in the juvenile court?
10
What is a directive to apprehend and why is it issued?
is an order given by a judge authorizing the aprenhension of a juvenile
A juvenile is in pólice custody. Pólice wants to take his statement. Who must give the juvenile his Miranda Warnings in order for the statement to be admisable
A neutral magistrat
What is a no-bill and who issues a no-bill?
when there is not enough evidence to continue with the case and
a grand jury
What is the opposite of a no bill?
True Bill
What is the most common way to get out of jail after you’ve been arrested?
bond out
What is the difference between a cash bond and going to a bondsman to make a bond?
in cash bond you get your money back
in bondsman you give 10% at the begining an there is no cash back
What is a PR bond?
the person doest have to give money, the person recognices the bond
What place of incarceration does Texas have that’s sort of between a jail and a prison?
State jail
The doctrine that an employee be fired for any reason or no reason at all, as long as no employment discrimination statute is violated is called?
Employment at Will
What is the most common exception to that doctrine?
contract
The main federal law that deals with employment discrimination is
Title VII of the Civil Right Act of 1964
The Texas law that is analogous to the Title VII law is
Texas Commission on Human Rights Act
ADA stands for ……………….and ADEA stands for
Americans with Disabilities Act
Age Descrimination Employment Act
You must be at least—————-years of age to be covered by the ADEA
40
How many employees must you have to be covered by Title VII Law
15 or more
To be covered by FMLA, an employee must have worked………… for the employer and there must be………..or more employees
12 months
50
What is the name of the law that covers people serving on jury
Texas Jury Reemployment Act
What is the two Word phrase that defines promissory estoppel
Detrimental Reliance
Explain promissory estoppel as it relates to employment law
you relay on your employer
How many breaks are required by law in an 8-hour workday?
none
How much paid sick leave is an employee required by law to get each year?
none
How often does the law require that an employee be alloowed to inspect his/her personnel file?
none
May an employer lawfully ask an applicant how she will get to work?
yes
May an employer lawfully ask if an applicant has ever been arrested?
no
The requirement that you file a complaint with the EEOC before you file a lawsuit is called the?
Administrative Exostion
In court in an employment discrimination case, the plaintiff must firts make a………………case
primaface
SLNDR stands for
Single Legislation non discriminatoriy reazon
If the defendant offers a SLNDR, the plaintiff must show that the SLNDR is a ————–
pretext for descrimination
………………………means that you do not have to belong to a union to get employment in Texas
right to work
Under which branch of government are most administrative agencies, such as the EEOC?
Executive Branch
The definition of disabilities under the ADA is a physical or mental…………….that……………..
impearments
sustantially limits one or more mayor life activities
What are the sections of the ADA called?
Tittles
How many sections does the ADA have?
5|
Which title of the ADA covers employment?
TittleI
Which title of the ADA covers places of public accommodations?
Title III
Name three protected clases in terms of employment discrimination
Sex, color, age
Name five mayor life activities under the ADA
breath, walk, stand, see, and hear
EEOC stands for
Equal Employment Opportunity Commission
A person has……………………days to file a claim with the EEOC after the adverse employment action.
in Texas 300 days, in the other states 180 days
After the EEOC investigates, it issues a
right to sue letter
After the right to sue letter you have………..days to file suit in court
90
Which president was responsable for the passage of the Civil Rights Act?
Lyndon B. Johnson
Secretary of State
John Kerry
Scretary of Defense
Chuck Hagel
Secretary of Commerce
Penny Pritzker
Secretary of Homeland Security
Janet Napolitano
Secreatry of Transportation
Anthony Foxx
Secretary of Education
Arne Duncan
Secretary ofHealth / Human Services
Kathleen Sebelius
Secretary of Energy
Ernest Moniz
Secretary of Treasury
Jack Lew
Secretary of Interior
Sally Jewell
Seretary of Veteran’s Affairs
Eric K. Shinseki
Motions may be made when in the procedings?
any time
……………………..asks the court to decide that a claim,even if acepted as true, is not one for which the law offers a remedy.
Motion to dismiss
It has taken the place of the common law…………..in most modern civil practice.
demurrer
Unearned attorney fees mast be maintained where ultil earne?
IOLTA
A……………………..asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, suppos a ruling in favor of the moving party.
A Motion for Summary Judgment
A………………………asks the court to decide that certain evidence may or may not be presented to the jury at the trial
Motion in Limine
The violation of motion in Limine can result in the court…………………
mistrail
A…………..asks the court to rule that the party with the burden of proof has not met proven the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested it case, and prior to the defense presenting any evidence
Motion for a Directed Verdict
A……………………..asks the court to reverse the jury’s verdit on the ground that the jury could not reasonably have reached such a verdic, or that the verdict is unsupported by the evidente.
Motio for JNOV
Under Rule 50 of the Federal Rules of Civil Procedure, the Motion for a Directed Verdict and Motion for JNOV have been replaced by teh
Motion for Judgment as a Matter ofLaw
The……………….asks curt to order either the opposing party or a third party to take some action
Motion to Compel
A……………………..asks the court to postpone or delay a case that has been for trial
Motion for Continuance
A…………….asks the court to extend the deadline by which a document must be filed.
Motion to Extend
What kind of fee agreement is generally used by criminal dense attorneys?
Flat fee
a………..asks the court to allow a party to withdraw or amend its deemed admisión.
Motion toStrick Deemed Admission
What are th two reasons for objeting a trial
- To prevent evidence from being introduced and heard by the jury
- To preserve the issue for appellate review.
If the question will not solicit testimony that has anything to do with the issues before curt, the proper objection is …………
relevance
If a leading question is asked on direct, the proper objecton is ………………
Leading
If you ask a witness a question and they respond by saying something other thn the answer o the qestion, the proper objection is……………
non responsive
If the other side tries to introduce evidence, especilly tangible evidence without laying the proper predicate, the proper bjection is……….
No foundation
If a qustion is asked that is radicated on facts that haven’t been introduced into evidence, the proper objection is……………………..
Assumed Facts not in evidence
If the other lawyer asks long questions that don’t even sound like a question, the proper objection may be…………..
counsel is testifying
If the answer to a question tends to go and on, without another question being asked, the proper objction is…………..
Narrative
A…………….ask the court to transfer a case to anoter county in Texas
Motin to transfer Venue
What kind of fee ageement is generally used by plaintiff’s attorneys?
Contingency
POA stands for…………
Power of attorney
MPOA stands for…….
Medical Power of Attorney
HIPAA stands for……………
Healh Insurance Portability and Accesability Act
LOA stands for……………..
Letter of Assurance
LT sands fr
Letters Testamentary
COD stands for
Certificate of Death
FOIA stands for…………………and is used to request………………..records
Federal Open Information Act
Federal records
TORA stands for…………….and is issued to request records from………………
Texas Open Record Act
state government records
In Texas, the statute that governs business organizations is called………………
Texas Business Organizations Code
DBA stands for……….., and you should file an……………….with the……………………..to creat one
Doing Business As
Assumed name certificate
County Clerk’s Office
LLP stands for…………………. and LLC stands for
Limited Liability Partnership
Limited Liability Company
In an LLP, the owners are called …………………and in an LLC, the owners are calles……………………, and in a corporation, owners are called…………………..
partners
members
shareholders
A Texas corporation is formed by filing………………………….with the ……………………office
Certification of Formation
Secretary of State
Texas imposes a privilege tax called a…………………….., on corporations chartered in the state, or qualified to do business in the state.
Margin tax
………………………are a specific set of rules, adopted by the BOD, for managing the business
Bylaws
DMCA stands for………….
Digital Millenium Copyright Act
For what period of time is a trademark registration valid?
10 years
What is the legal significance of putting TM or SM on a mark?
There is no legal significance
Where must all patent applications be filed?
United States Patent and Trademark Office
GATT stands for………………
General Agreementon Tariff and Trade
WTO stands for……………
World Tade Organization
For patents, the U.S. follows the “first to……………………” rule
invent
Where do I register a copyright?
With the U.S. Copyright Office
How long is the term of a copyright for an Individual?
The life of the autor plus 70 years
How many senators serve in the U.S. Senate?
100
How long are their terms?
6 years
Name the two U.S. Senators who represent Texas
Ted Cruz
John Cornyn
How many members serve in the U.S. House of Representatives?
435
How long is the House of Representatives term?
2 years
How long is the term of the president of the United States?
4 years
To how many terms is the President limited to?
2 terms
In what year is our next President election?
2016
Two broad categories of evidence:
testimony underoath
Documentary evidence
What is the source for evidentiary rule in federa courts?
Federal Rules of Evidence
To exclude witnesses from the court room, one must…..
Invoke the Rule
What happens if a witness violates the Invoke Rule?
the witness is excluded and held in contempt
If a judge accepts a report from the national weather center regarding the weather condition on a particular day, s/he is taking…………
judicial notice
Any evidence that has a tendency to make the existence of any fact that is of consequence to the determinaton of the action more probable or less probable than it would be with the evidence is………
relevance
Reputation is one method of proving————-
character
If I trip on a broken title at the Hilton and break my ankle and then they fix the tile the very next day, can I introduce that fact at trial to show that the missing tile was a real hazard?
no
If I negligently injure Wendy, and offer to pay her medical expenses, can she use that offer at trial to show that the injury was my fault?
no
If I plead guilty to a crime, and later withdraw my plea of guilty, can the prosecutor tell the jury that I did it?
no
name two priviledge “pairings”
husband and wife
lawyer and client
Every witness must……….before testifying in court
swear and affirm
If Susan is a member of a weird religious sect, can I use that fact to discredit her testimony in trial?
no
The scope of direct examination is limited by…………
pleadings
Is cross examination in Texas limited to what was discursed on direct?
no
Under what circumstances may leading questions be asked in direct?
with hostile witness
Answer to interrogatories cannot be used as evidence by the…………
party who answers
What is another Word for predicate in terms of laying the predicate?
foundation
What are the first Words in laying the predicate?
May I aproach the witness?
To impeach a witness means to prove that the witness is……….
lying
The most common way in which a witness is impeached is by using an…………….
Inconsistent previous testimony
What is the definition of hearsay?
is a statement made out of court, presented in court to prove the truth of the matter assert.
Name two hearsay exceptions
family records
records of religious orgaizations
Name one kind of statement that is listed in the Rules as not being hearsay
Prior statement by a witness
depositions
admission by party opponent
In Texas the statute that governs business organiztions is called?
Texas Business organization Code
The simplies form of business organization is
Solo Proprietorship
DBA stands for…………….and you file an…………..with the ………………….to creat one
Doing Business As
assumed name
County Clerk’s Office
You must have at least………………partners to form general partnership
2
LLP stands for…………………and LLC stands for………………
Limited Liability Partnership
Limited Liability Company
In an LLP, the owners are called…………….and in an LLC the owners are called…………….
Partners
Members
The owners of a corporation are called?
shareholders
The state in which a corporation is formed is called the…………….jurisdiction
domestic
A Texas corporation is formed by filing a…………..with the………………..office
Certificatye of formation
Secretary of State
Texas imposes a privilege tax called a…….on corporations chartered in the state, or qualified to do business in the state
margin tax
………………are a specific set of rules, adopted ba the BOD, for managing the business
Bylaws
A corporation whose stock is traded on the stock exchang is called a ………………corporation
publc
Ownership in a corporation is evidenced by ………………
stock certificates
A corporation that was created in another states is called a ……………..corporation
foreign
DMCA stands for………………….
Digital Millenium Copyright Act
For what period of time is a trademark registration valid?
10 years
What is the legal significance of puting TM or SM on a mark?
no legal significance
A………………is used to verify that goods and services are of a certain quality or originaste from specific geographical area
Certification mark
A……………..is use by cooperatives, associations, and fraternal organizations
Collective mark
Where must all patent applications be filed?
United States Patent and Trademark Office
GATT sands for………
General Agreement on Tariffs and Trade
WTO stands for………..
World Trade Organization
For patents, the U.S. follows the “first to………..rule”
invent
Where do I register a copyright?
With the Unite States Copyright Office
How long is the terms of a copyright for an individual?
The life of the individual plus 70 years
Law developed by judges through opinions issued when deciding cases is called…………………, as opposed to written laws enacted by state or federal legislative branches, which are called……………..
case law
statutes
a compact between two or more nations that is ratified by the Senate is a …….., and if it is not ratified by the Senate, it is called an…………..
treaty
executive agreement
Latin for “stand by the decisión” is ………. It means the reluctance of the court to ignore……………….
stare decisis
precedence
What does the Establishment Clause do?
Prohibits the government from prefering one religión over the other
What five rights does the First Amendment provide?
Freedom of speach, religión, press, assambly ando petition
The highest civil court in Texas is called the ……………..and the highest criminal court in Texas is called the………………..
Texas Supreme Court
Texas Court of Criminal Appeal
Federal courts of appeal are divided into regions, known as…………………; Texas is in the ……………region
Circuits
5
Federal trial courts are called (4 words)
U.S. District Court
The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called………………….
employment at will
What is the most common exception of the employment at will doctrine?
contract
The main federal law that deal with employment discrimination is (full name)………………and the Texas law that is analogous to that law is called?
Title VII of the Civil Rights Act of 1964
Texas Commission on Human Rights Act
What U.S. President is responsable for the passage of the Title VII law?
Lynden B. Johnson
ADA stands for………………and ADEA stands for
American with Disabilities Act
Age Discrimination Employment Act
You must be at least……………years of age to be covered by the ADEA
40
How many employees must you have to be covered by the the ADA and the ADEA?
15 or more
To be covered by FMLA, an employee must have worked …………………..for the employer and there must be……………..or more employees
12 months
50
Another name for detrimental reliance is…………….
promisory estoppel
How many brakes are required by law in an 8-hour workday?
none
How much paid sick leave must an employee get each year?
none
The requirement that you file a complaint with the EEOC before you file a lawsuit is called…………………….
administrative exhaustion
What is the máximum amount of time between an adverse employment action and filing a complaint with the EEOC in Texas?
300 days
The violation of a Motion in Limine can result in the court
Mistrial
A……………………asks the court to rule that the party with the burden of proof has not met proving the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested its case and prior to the defense presentig any evidence.
Motion for Direct Verdict
a………………asks the court to reverse the jury’s verdict on the grounds that the jury could not resonably have reached such a verdict, or that the verdict is unsupported by the evidence.
Motion for JNOV
Under Rule 50 of the Federal Rules of Civil Procedures the Motion for JNVO and Motion for Direct Verdic have been replaced by the……………which can be made at the close of the opposing party’s evidence and “renewed” after return of the verdict.
Motion for Judgment as a Matter of Law
The…………………asks court to order either the opposing party or a third party to take some action
Motion to Contempt
a………………asks the court to postpone or delay a case thas has been set for trial
Motion for Continuance
A………..asks the court to extend the deadline by which a document must be filed
Motion to Extend
What kind of fee agreement is generally used by criminal defense attorney?
Flat fee
A…………………..asks the court to allow a party to withdraw or amend its deemed admission
Motion fo Strike Deamed Admission
What are the two reasons for objecting a trial?
- To prevent evidence been introduced and Heard by the jury
2. to preserve the issue for appellate review
If the question will not solicit testimony that has anything to do with the issues before the court, the proper objection is……………
Relevance
If a leading question is asked on direct, the proper objection is
leading
If you ask a witness a question and they respond by saying something other than the answer to the question, the proper objection is
non-responsive
If the other side tries to introduce evidence, especially tangible evidence without laying the proper predicate, the proper objection is………….
no foundation
If a question is asked that is predicated on facts that have not yet been introduced into evidence, the proper objection is
assumed fats is not in evidence
If the other lawyer asks long question that dont even sound like question, the proper objection may be
counsel is testifying
If the answer to a question just tends to go on and on and on, without another question being asked, the proper objection is
Narrative
A………………..asks the court to transfer a case to another county in Texas
Motion to Transfer Venued
What kind of fee agreement is generally used by plaintiff’s attorneys?
contingent fee
Two broad categories of evidence are?
Testimony under oath and documentary evidence
To exclude witnesses from the courtroom, one side must
invoke the rule
If a judge accespts a report from the national weathter center regarding the weather conditions on a particular day, s/he is taking
justice notice
Reputation is one method of proving
character
The scope of direct examination is limited by
pleadings
Is cross examination in Texas limited to what was discussed on direct?
no
Under what circumstances may leading questions be asked on direct?
under a hostile witness
Answers to interrogatories cannot be used as evidence by the
party who answered them
What is another Word for predicate in terms of laying the predicate?
foundation
What are the first words said in laying the predicate?
May I aproach the witness?
To impeach a witness mean to prove that the witness is
lying
The most common way in which a witness is impeached is by using a
previous inconsisten statement
What is the definition of hearsay?
It is a statement made out of court, presented in court to prove the truth of the matter asserted.
Name two hearsay exceptions
familia records and
government records and documents
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called
intervention
A person giving a deposition is called a
deponent
The initial pleading in state court is called a ……………..and the initial pleading in federal court is called a …………………
petition
complaint
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 called?
opening statement
the last Word that an attorney says to the seated jury are called?
closing statement
what two things may take place in trial immediately after both sides rest?
reverse and rejoinder
Who reads the verdict in Texas state courts?
a clerk
JNOV stands for
Jury non obstante verdicto
When the judge reduces the amount of damages awarded by the jury, that is called?
remittitur
The appealing party is called the ………………..and the other party is called the…………..
appellant
appellee
If an RFA is not answered on time, is is…………………and to undo that, you’d file a ………………..
deamed admitted
Motion to Strike deamed Admission
