Quiz 5 Flashcards
Interrogatories
requests for disclosure of all real and personal property owned by a spouse either in his or her own name or owned jointly with the spouse or with another person or entity.
Irrelevant
not having anything to do with the matter at hand
Overbroad
Too general: not specific enough.
Duplicative
referring to discovery, something that has already been asked for.
Privilege
A court-conferred right permitting parties in a lawsuit to keep confidential any information exchanged between themselves and another person that promoted an expectation of trust, confidentiality, and privacy.
Notice of filing of interrogatories
A document that alerts the court that a party has asked the opposing party to answer a set of written questions
Notice of responding to and/or objecting to interrogatories
A document that alerts the court that the answering party has either answered the written questions or objects to one or more of the questions
Request for production of documents
where a party formally asks that the other party present certain papers for use in a case
Requesting party
the party asking the court to take some action
Responding party
the party who must produce discovery documents
Confidential
Information that is privileged: that is, not everyone is allowed access to it
Motion for protective order
where a party asks the court to prevent the other party from coming in contact with him or her
Confidentiality
An arrangement between an attorney and a client that certain information the client may divulge will be kept in secret
Request
a document that asks the court to take some type of action: it is automatically granted by the court thirty days after filing, absent the opposing party’s objection
Motion to compel examination
a document that asks the court to force the opposing party to submit to an examination
request for admission
where a party formally asks that an opposing party admit the truth of some fact or event that will inevitably be proved at trial
Deposition
a procedure in which one party’s attorney orally questions an opposing party or a nonparty witness who has sworn under oath to answer all questions truthfully and accurately to the best of his or her knowledge and ability
deponent
the person who is being questioned at a deposition
direct examination
the initial questioning by the party’s own atorney
Cross examination
when the opposing party’s lawyer has the opportunity to question the opposing party
redirect
after cross-examination, where the party’s attorney may question the witness on any subject covered in the cross-examination testimony
notice of deposition
a document that alerts a party that he or she will be required to submit to examination by the opposing attorney
subpoena
a legal document signed by an officer of the court that requires the person receiving it to appear under penalty of law at the time, date, and place indicated on the document
subpoena duces tecum
a type of subpoena signed by an officer of the court at the request of one of the parties to a suit, requiring a witness to bring to court or to a deposition any relevant documents that are under the witness’s control
Motion for disclosure of assets
requests disclosure of all real and personal property owned by a spouse either in his or her own name or jointly with the spouse or with another person or entity
Capias
a document empowering a sheriff to arrest a nonappearing, noncustodial parent and bring him or her to jail and to court
Memorandum of law
a written document presented to the court that states a party’s argument in a case and supports that argument with specific case law and statutes
Financial affidavits
a sworn statement that enumerates the party’s sources of income, earned and unearned, the party’s expenses, necessary and optional, and all of the party’s assets and liabilities
Malpractice
negligent legal representation; representation that is below the standard of the professional community and could result in damage to the client
Omnibus Crime Control and Safe Streets Act of 1968
prohibits the recording of private conversations by use of wiretaps on telephones or hidden microphones
Stored Communications Acts
Federal law that prohibits anyone but an authorized user from accessing electronically stored voicemails and e-mails
Spyware
Computer software that gathers information from a computer without the user’s knowledge or permission. spyware program allows the spying spouse to monitor the activities on his or her computer that are either saved on that particular computer or can be accessed from a remote location
Proposal
a formal written indication, from one party to the opposing party, that communicates what the first party is seeking in terms of a divorce settlement
Proposal letter
details the client’s position on the various legal issues to be resolved, such as property division, alimony, child custody, visitation and support, maintenance of health and life insurance, distribution of debts and other liabilities, and counsel fees
Separation agreement
a contract between spouses who are in the process of obtaining a divorce or a legal separation resolving the various legal issues that arise when a marriage is dissolving; also known as a marital settlement agreement, property settlement, or settlement agreement
Uncontested hearing
a judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution
Merger
an agreement that is no longer a contract between the two parties but rather a court order, which can be modified or enforced through contempt of court proceedings
compromise
meeting someone halfway or giving up a position in exchange for something else
boilerplate
standardized agreement forms or clauses
Alternative dispute resolution ADR
a method of resolving disputes between parties without resorting to a trial
settlement conference
a meeting with both lawyers and their respective clients, with the specific goal of settling the case without court intervention
Memorandum of understanding
a written plain-language, nonbinding document containing the tentative agreement of the parties on various issues relevant to their case
Collaborative divorce
a team approach to divorce dispute resolution designed to protect the spouses and children from the trauma of divorce
Divorce arbitration
alternative to divorce trial whereby parties, who are unable to work out a resolution, present their evidence before a neutral third party who will render a decision on the contended issues
arbitration award
opinion rendered by arbitrator which depending on the prior agreement of the parties may be either binding or nonbinding
uncontested hearing
judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution
Default trial
one party fails to appear at the scheduled trial date: court proceeds with a hearing and severs the marriage
Military affidavit
sworn statement that proves defendant isn’t currently serving
unconscionable
agreement that is so unfair to one party that the court will refuse to enforce it
Merger
agreement that is no longer a contract between the two parties, but rather a court order, which can be modified or enforced through contempt of court proceedings
Contested hearing
a dispute divorce trial arising from the parties’ failure to resolve disputed issues without judicial intervention
Judicial pretrial conference
takes place before a judge, not a trial, to help the parties try to come to an agreement before the trial starts
habeas corpus
document that allows an incarcerated party to be transported by a state’s correctional department for trial
theory of the case
legal justification for a client’s position and relief he/she is seeking
testimony
evidence given by a witness under oath or affirmation
Trial notebook
method of organizing the materials prepared for trial in a manner that makes them readily available for use at trial
Financial disclosure affidavit
sworn statement indicating income, expenses, assets, and liabilities of a client
custody affidavit
indicates that there’s no other proceeding pending in another court that affects the custody of minors
Claim for relief
statement filed by a party indicating what he or she wants in terms of a disposition in the case
wage execution
serves the purpose of facilitating alimony and child support payments through automatic deductions from the obligor’s paycheck
bureau of vital statistics form
sent to the state in order to keep track of certain information regarding divorcing couples
stipulations
written agreements where parties agree that certain facts are true, or that certain procedures will be followed
Final argument
each attorney argues why the court should rule in his/her client’s favor
transcripts
official copy of the record of proceedings in a trial or hearing
Postjudgment matters
court proceedings that arise after the case has gone to final judgement; address modification of existing court orders or their enforcement when parties fail to meet their obligations
nonmodifiable
orders issued by a court that cannot be changed regardless of the circumstances
motion to reopen judgment
legal procedure necessary to seek the reopening of a divorce case that has already gone to final judgment; purpose is to modify the disposition of issues that were deemed final and nonmodifiable
substantial change in curcumstances
actual or assumed alteration in the financial status or capability of another party
Modification
change or adjustment to a previous court order
arrearage
amount due by court order but unpaid; back alimony
motion to modify
party asks that orders entered by the court be changed when there has been a substantial change in a party’s circumstances
motion to modify alimony
party asks that orders for spousal support entered by the court be changed when there has been a substantial change in a party’s circumstances
motion to modify custody
party asks that orders regarding child custody be changed due to one party’s circumstances
motion to modify visitation
party asks that orders for child visitation be changed due to one party’s circumstances
motion for contempt
document that alerts the court to the other party’s failure to comply with the court’s earlier order and requests that the court provide relief
obligor
party responsible for money that is owed; aka a debtor
Uniform Interstate Family Support Act (UIFSA)
noncustodial parent’s state must honor the original support and may not enter a new order or modify the existing order to conform to its guidelines for determining the amount of support
Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
an act drafted by a national commission and enacted by many state legislatures to enforce on an interstate basis the rights of custodial parents and prevent parental kidnapping and custodial interference
