Quiz 4 Review - 6/11 Flashcards
Define:
best evidence rule
the requirement that the original document or best facsimile must be produced in the court to prove the content of a writing
Define:
challenge for cause
objection to prospective jurors on some specified ground (close relationship to case)
Define:
circumstantial evidence
indirect evidence from which the existence of certain facts may be inferred
Define:
civil procedure
rules of court followed by courts in adjudicating civil cases
Define:
class action
a lawsuit brought by one or more parties on behalf of themselves and others similarly situated
Define:
complaint
an initial document filed in court to inform the defendant of the nature and extent of the plaintiff’s claim against the defendant
Define:
default judgment
a judgment entered by a court due to a defendant’s failure to respond to legal process or to appear in court t o contest the plaintiff’s claim
Define:
deposition
the recorded sworn testimony of a witness; not given in open court
Define:
discovery
a process whereby counsel seek to obtain information from parties in a lawsuit through interrogatories and depositions
Define:
dying declarations
statement made by a person who believes that his or her death is imminent. generally considered an exception to the hearsay rule of evidence.
Define:
hearsay evidence
statements made by someone other than a witness offered in evidence at a trial or hearing to prove the truth of the matter asserted
Define:
interrogatories
written questions put to a witness
Define:
judicial notice
the act of a court recognizing, without proof, the existence of certain facts that are commonly known. Such facts are often brought to the court’s attention through the use of a calendar or almanac.
Define:
long-arm statute
A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.
Define:
motions
formal application to courts to obtain an order or grant some relief to the movant
Define:
peremptory challenges
objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection
Define:
personal service
service of legal process by delivery to the named person
Define:
preponderance of the evidence
evidence that has greater weight that countervailing evidence
Define:
substituted service
any form of service of process other than by personal service, such as service by mail or by publication in a newspaper
Define:
summons
a court order requiring a person to appeal in court to answer a criminal charge
Define:
venue
location of a trial or hearing
Define:
voir dire
“To speak the truth.” The process by which prospective jurors are questioned by the counsel and/or the court before being selected to serve on a jury
