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Family Law > Quiz 5 > Flashcards

Quiz 5 Flashcards

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1
Q

Interrogatories

A

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.

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2
Q

Irrelevant

A

not having anything to do with the matter at hand

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3
Q

Overbroad

A

Too general: not specific enough.

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4
Q

Duplicative

A

referring to discovery, something that has already been asked for.

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5
Q

Privilege

A

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.

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6
Q

Notice of filing of interrogatories

A

A document that alerts the court that a party has asked the opposing party to answer a set of written questions

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7
Q

Notice of responding to and/or objecting to interrogatories

A

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

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8
Q

Request for production of documents

A

where a party formally asks that the other party present certain papers for use in a case

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9
Q

Requesting party

A

the party asking the court to take some action

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10
Q

Responding party

A

the party who must produce discovery documents

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11
Q

Confidential

A

Information that is privileged: that is, not everyone is allowed access to it

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12
Q

Motion for protective order

A

where a party asks the court to prevent the other party from coming in contact with him or her

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13
Q

Confidentiality

A

An arrangement between an attorney and a client that certain information the client may divulge will be kept in secret

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14
Q

Request

A

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

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15
Q

Motion to compel examination

A

a document that asks the court to force the opposing party to submit to an examination

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16
Q

request for admission

A

where a party formally asks that an opposing party admit the truth of some fact or event that will inevitably be proved at trial

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17
Q

Deposition

A

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

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18
Q

deponent

A

the person who is being questioned at a deposition

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19
Q

direct examination

A

the initial questioning by the party’s own atorney

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20
Q

Cross examination

A

when the opposing party’s lawyer has the opportunity to question the opposing party

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21
Q

redirect

A

after cross-examination, where the party’s attorney may question the witness on any subject covered in the cross-examination testimony

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22
Q

notice of deposition

A

a document that alerts a party that he or she will be required to submit to examination by the opposing attorney

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23
Q

subpoena

A

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

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24
Q

subpoena duces tecum

A

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

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25
Q

Motion for disclosure of assets

A

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

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26
Q

Capias

A

a document empowering a sheriff to arrest a nonappearing, noncustodial parent and bring him or her to jail and to court

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27
Q

Memorandum of law

A

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

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28
Q

Financial affidavits

A

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

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29
Q

Malpractice

A

negligent legal representation; representation that is below the standard of the professional community and could result in damage to the client

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30
Q

Omnibus Crime Control and Safe Streets Act of 1968

A

prohibits the recording of private conversations by use of wiretaps on telephones or hidden microphones

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31
Q

Stored Communications Acts

A

Federal law that prohibits anyone but an authorized user from accessing electronically stored voicemails and e-mails

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32
Q

Spyware

A

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

33
Q

Proposal

A

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

34
Q

Proposal letter

A

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

35
Q

Separation agreement

A

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

36
Q

Uncontested hearing

A

a judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution

37
Q

Merger

A

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

38
Q

compromise

A

meeting someone halfway or giving up a position in exchange for something else

39
Q

boilerplate

A

standardized agreement forms or clauses

40
Q

Alternative dispute resolution ADR

A

a method of resolving disputes between parties without resorting to a trial

41
Q

settlement conference

A

a meeting with both lawyers and their respective clients, with the specific goal of settling the case without court intervention

42
Q

Memorandum of understanding

A

a written plain-language, nonbinding document containing the tentative agreement of the parties on various issues relevant to their case

43
Q

Collaborative divorce

A

a team approach to divorce dispute resolution designed to protect the spouses and children from the trauma of divorce

44
Q

Divorce arbitration

A

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

45
Q

arbitration award

A

opinion rendered by arbitrator which depending on the prior agreement of the parties may be either binding or nonbinding

46
Q

uncontested hearing

A

judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution

47
Q

Default trial

A

one party fails to appear at the scheduled trial date: court proceeds with a hearing and severs the marriage

48
Q

Military affidavit

A

sworn statement that proves defendant isn’t currently serving

49
Q

unconscionable

A

agreement that is so unfair to one party that the court will refuse to enforce it

50
Q

Merger

A

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

51
Q

Contested hearing

A

a dispute divorce trial arising from the parties’ failure to resolve disputed issues without judicial intervention

52
Q

Judicial pretrial conference

A

takes place before a judge, not a trial, to help the parties try to come to an agreement before the trial starts

53
Q

habeas corpus

A

document that allows an incarcerated party to be transported by a state’s correctional department for trial

54
Q

theory of the case

A

legal justification for a client’s position and relief he/she is seeking

55
Q

testimony

A

evidence given by a witness under oath or affirmation

56
Q

Trial notebook

A

method of organizing the materials prepared for trial in a manner that makes them readily available for use at trial

57
Q

Financial disclosure affidavit

A

sworn statement indicating income, expenses, assets, and liabilities of a client

58
Q

custody affidavit

A

indicates that there’s no other proceeding pending in another court that affects the custody of minors

59
Q

Claim for relief

A

statement filed by a party indicating what he or she wants in terms of a disposition in the case

60
Q

wage execution

A

serves the purpose of facilitating alimony and child support payments through automatic deductions from the obligor’s paycheck

61
Q

bureau of vital statistics form

A

sent to the state in order to keep track of certain information regarding divorcing couples

62
Q

stipulations

A

written agreements where parties agree that certain facts are true, or that certain procedures will be followed

63
Q

Final argument

A

each attorney argues why the court should rule in his/her client’s favor

64
Q

transcripts

A

official copy of the record of proceedings in a trial or hearing

65
Q

Postjudgment matters

A

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

66
Q

nonmodifiable

A

orders issued by a court that cannot be changed regardless of the circumstances

67
Q

motion to reopen judgment

A

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

68
Q

substantial change in curcumstances

A

actual or assumed alteration in the financial status or capability of another party

69
Q

Modification

A

change or adjustment to a previous court order

70
Q

arrearage

A

amount due by court order but unpaid; back alimony

71
Q

motion to modify

A

party asks that orders entered by the court be changed when there has been a substantial change in a party’s circumstances

72
Q

motion to modify alimony

A

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

73
Q

motion to modify custody

A

party asks that orders regarding child custody be changed due to one party’s circumstances

74
Q

motion to modify visitation

A

party asks that orders for child visitation be changed due to one party’s circumstances

75
Q

motion for contempt

A

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

76
Q

obligor

A

party responsible for money that is owed; aka a debtor

77
Q

Uniform Interstate Family Support Act (UIFSA)

A

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

78
Q

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

A

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

Family Law (7 decks)

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