Part 1 Flashcards

1
Q

The defendant’s pleading which responds to the plaintiff’s petition or complaint.

A

Answer

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2
Q

An instrument evidencing a transfer of personal property.

A

Bill of sale

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3
Q

The heading on a pleading, containing name of court, county, parties, and the title of the document.

A

Caption

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4
Q

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

A

Common law

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5
Q

The claim that a defendant may make against a plaintiff’s action against him.

A

Counterclaim

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6
Q

Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

A

Default

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7
Q

Taking testimony outside the courtroom before a court reporter with the other side present for purposes of cross examination. The testimony is given under oath and reduced to writing.

A

Deposition

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8
Q

The power to take private property for public use through condemnation proceedings and compensation.

A

Eminent domain

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9
Q

A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts.

A

Hypothetical question

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10
Q

Responsible; chargeable with.

A

Liable

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11
Q

The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action.

A

Plaintiff

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12
Q

An instrument used to frame the issues in a lawsuit.

A

Pleading

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13
Q

Greater weight, said of evidence.

A

Preponderance

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14
Q

The pleading that responds to an answer.

A

Reply

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15
Q

The agreement of counsel as to existence of certain facts or circumstances.

A

Stipulation

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