quiz4 Flashcards
Discovery
The exchange of information between the sides involved in a suit
Stipulation
An agreement between parties as to facts or an agreement between attorneys as to procedural matters
Interrogatories
written questions posed by one side of a civil action to the other side
Request for production
A request by one party to another in a civil case for copies of all documents relevant to that case
Request for Admission
A request for admission is a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein.
Subpoena duces tecum
A court order commanding a witness to produce documents or physical evidence for presentation to a judge
Deposition
Oral questions asked of a witness, under oath, by an attorney and later preserved in a transcript
Court reporter
A person who is empowered to administer oaths and records oral testimony, usually by stenography
Certificate of service
A party’s verification that a copy of a pleading or necessary document was served on the opposing party, either through the U.S. postal system or by personal hand delivery
Motion in limine
A motion at the conclusion of a trial, often made orally, that may request a wide variety of forms of relief, including a ruling on evidentiary matters
Dispositive motion
A motion that resolves some or all issues in pending litigation
Motion for summary judgment
A written motion filed by a party requesting a ruling in its favor and dismissal of the opposition’s claims
Motion for directed verdict
A motion which, if granted, takes the case away from any consideration by the jury and enters a judgment in favor of one party over the other.
Motion for new trial
A motion requesting a new trial, made by a party who has received an unfavorable ruling; often the first step in bringing an appeal
Pretrial conference
A conference between the judge, plaintiff, and defendant before the trial commences; the parties discuss witness issues and evidence and finalize their agreements in a pretrial order
Panel
a group of people who have been called for jury duty; the final jury will be selected from this group; also known as venire
Jurors
Those people who have been selected to sit on a jury; they will consider the evidence and reach a verdict in the case
Voire Dire
to look, speak; the process of questioning jurors about their potential biases in the case
Jury Strike
The removal of a jury panel member, also known as a jury challenge
Peremptory jury strike
The removal of a jury panel member for any legally permissible reason
Challenge for cause
When a panel member is removed because he or she cannot sit on the jury
Direct examination
The questioning of a witness by the side that called the witness to the stand
Cross-examination
The questioning of a witness to show bias, prejudice, or lack of knowledge
Jury charge
Oral instructions given by the judge to the jury about how they should deliberate and what law they should follow
