Quiz 1 Prep

Question 1

Plaintiff

Answer 1

the individual, company, or institution that initiates a lawsuit

Question 2

Defendant

Answer 2

the individual, company, or institution against whom a lawsuit is brought

Question 3

Caption (style)

Answer 3

the heading or title used in all legal pleadings

Question 4

Petition

Answer 4

a request made to a government entity; often used synonymously with complaint, although petition is a more general term

Question 5

Answer

Answer 5

the document filed by the defendant in a civil action that responds to each of the allegations raised in the plaintiff’s complaint, denies or admits to the factual allegations, and denies or admits to responsibility for the plaintiff’s injuries

Question 6

Burden of Proof

Answer 6

the amount of proof that the plaintiff must present in order to substantiate his or her claims as made in the complaint

Question 7

Preponderance of the Evidence

Answer 7

the level of proof required in a civil case: “more likely than not to be true”

Question 8

Liability

Answer 8

a jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages; a party’s legal responsibility for injuries to another

Question 9

Damages

Answer 9

monetary payments assessed against a party who has been deemed liable to another party in a civil case

Question 10

Statute

Answer 10

a law that is voted on by the legislative branch and enacted by the executive branch

Question 11

Subject matter Jurisdiction

Answer 11

the power of a court to consider specific types types of cases

Question 12

Personal Jurisdiction

Answer 12

the power of a court to enter rulings that are binding on the parties to the action

Question 13

Motion

Answer 13

a request by a party to a judge

Question 14

Bar Examination

Answer 14

a test administered to graduates from approved law schools that determines the applicant’s knowledge of the law and suitability to practice in the state

Question 15

Contingency Fee

Answer 15

the attorney’s fee calculated as a percentage of the final award in a civil case

Question 16

Partner

Answer 16

a person or corporation who is a co-owner of a business and shares in profits and losses

Question 17

Associate Attorney

Answer 17

an attorney who is an employee of an attorney partnership

Question 18

Public Reprimand

Answer 18

a published notice concerning an attorney’s ethical violation

Question 19

Unauthorized Practice of Law

Answer 19

when a person who is not an attorney gives legal advice or counsel to a client

Question 20

Clerk

Answer 20

a government official responsible for maintaining public records

Question 21

Probate court

Answer 21

the court empowered to settle estates for those individuals who have died with or without a will

Question 22

Cause of Action

Answer 22

a personal, financial, or other injury for which the law gives a person the right to receive compensation

Question 23

Witness Locator Service

Answer 23

a company that provides information about a witness’s former addresses, telephone numbers, employment, and current location

Question 24

Skip Tracing Agency

Answer 24

a company or individual who charge a fee for locating a witness or a potential civil litigant

Question 25

Partnership

Answer 25

A business model wherein two or more individuals pool assets, run a business for profit, and share in the profits and losses of the business