Part 1

Question 1

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

Answer 1

Answer

Question 2

An instrument evidencing a transfer of personal property.

Answer 2

Bill of sale

Question 3

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

Answer 3

Caption

Question 4

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

Answer 4

Common law

Question 5

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

Answer 5

Counterclaim

Question 6

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.

Answer 6

Default

Question 7

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.

Answer 7

Deposition

Question 8

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

Answer 8

Eminent domain

Question 9

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

Answer 9

Hypothetical question

Question 10

Responsible; chargeable with.

Answer 10

Liable

Question 11

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

Answer 11

Plaintiff

Question 12

An instrument used to frame the issues in a lawsuit.

Answer 12

Pleading

Question 13

Greater weight, said of evidence.

Answer 13

Preponderance

Question 14

The pleading that responds to an answer.

Answer 14

Reply

Question 15

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

Answer 15

Stipulation