quiz 3

Question 1

Special Appearance

Answer 1

a temporary appearance authorized by the Rules of Civil Procedure that allows a defendant to contest a court’s personal jurisdiction without submitting to it through the challenge

Question 2

Removal

Answer 2

the transfer of a case from a state court to a federal court

Question 3

Exhibit

Answer 3

a document attached to a pleading that is incorporated by reference into the body of the pleadings

Question 4

Bad Faith

Answer 4

a claim that a party to litigation is interposing legal claims or making other allegations not based on fact, but out of desire to harass, intimidate, or otherwise waste the court´s time

Question 5

Counterclaim

Answer 5

a claim by the defendant against the plaintiff where the defendant seeks damages

Question 6

Compulsory Counterclaim

Answer 6

a claim by the defendant against the plaintiff that must be raised in the case or it will be barred

Question 7

Permissive Counterclaim

Answer 7

a claim by the defendant against the plaintiff that may be raised in the case,, it may also be brought as a separate action

Question 8

Reply

Answer 8

the responsive pleading, provide in rule 7, to a counterclaim

Question 9

12(b)(6) motion

Answer 9

a motion under the provisions of Rule 12 of the Rules of Civil Procedure that challenges the basis of the complaint for failure to state a claim upon which relief can be granted

Question 10

Cross claim

Answer 10

a claim by one party against another party on the same side of the action,, for example, a plaintiff against another plaintiff or a defendant against a co defendant

Question 11

Impleader

Answer 11

the involuntary addition of a new party to the litigation, a party without whom all issues raised in the case could not be resolved

Question 12

Interpleader

Answer 12

the deposit of contested funds with the court, followed by the removal of the filing party from other action in the suit

Question 13

Intervention

Answer 13

the voluntary insertion of a third party into a pending civil action, often to resolve issues directly related to the third party’s interests

Question 14

Class Action

Answer 14

a lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests, common claims, and a representative plaintiff who will pursue the action on the basis of the entire group

Question 15

Evidence

Answer 15

any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case

Question 16

Admissibility

Answer 16

a ruling on whether the jury will be allowed to view proffered evidence

Question 17

Sustain

Answer 17

a judge’s ruling in agreement with the party who raised the objection

Question 18

Overrule

Answer 18

a judge’s ruling in disagreement with the party who raised the objection

Question 19

Tendering

Answer 19

the process of seeking admissibility of a particular item of evidence

Question 20

Direct Evidence

Answer 20

evidence that establishes a particular fact without resorting to other testimony or evidence

Question 21

Circumstantial Evidence

Answer 21

evidence that suggest a conclusion

Question 22

Testimonial Evidence

Answer 22

Oral statements made by a witness under oath

Question 23

Authentication

Answer 23

proof that evidence is what it is claims to been

Question 24

Judicial Notice

Answer 24

the authority of a judge to agree that certain facts are true without the necessity of proof