Seg. A- Chap. 4- Legal Terminology

Question 1

Circumstantial Evidence

Answer 1

Evidence of a fact that requires an inference to establish another fact

i.e. Fingerprints at a scene - prove a person was there but not what they did at the scene

Question 2

Service of process

Answer 2

Process is the summons & complaint - delivery of that upon the defendant

Question 3

Request for production

Answer 3

A request that docs or other physical items be provided for inspection

Question 4

Magistrate

Answer 4

Can preside over hearings but doesn’t have all the powers a judge has. Generally deals with procedural matters (i.e. pretrial motions, authorizing search warrants, preliminary matters in criminal hearings like setting bail)

Question 5

Role on witnesses

Answer 5

Witnesses can’t testify in front of each other

Question 6

Affiant

Answer 6

One who signs affadavit

Question 7

Registered agent

Answer 7

(Kelly) - a business or person authorized to accept service on behalf of a corporation as though the corporation itself had been served

Question 8

Pleadings

Answer 8

Legal documents filed with the court stating a position in the legal matter and asking the court to take some sort of action to resolve the matter

Question 9

Probable cause

Answer 9

A reasonable basis to believe that a person has committed a crime

Question 10

Ex parte hearing

Answer 10

A hearing at which only one party is present

Question 11

Issue

Answer 11

A question of law

Question 12

Dissenting opinions

Answer 12

Opinion that disagrees with the majority opinion

Question 13

Motion for summary judgement

Answer 13

Pretrial motion from the moving party (aka filing the motion) - ultimately attempting to forgo a trial - asking the judge for determination based on specific requirements; 1) that both parties have to agree on material facts, the facts that are important to the legal decision (ie. yes, the light was red when this person ran it and myself or this witness can testify to that) 2) the law (legal authority) must say these undisputed facts entitle the Moving Party to a judgment (ie according to this law or x if the light was red, the plaintiff wins)

https://www.youtube.com/watch?v=q-F5cSDIFTw (example)

Question 14

Additur

Answer 14

When a judge adds to the money jury has awarded

Question 15

Reminitur

Answer 15

Judge subtracts money jury has awarded

Question 16

Doctrine

Answer 16

A legal concept generally accepted by most courts which, although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine.

Question 17

Petition for writ of certiorari

Answer 17

Vehicle by which a case is taken from court of appeals (state or fed.) to the Supreme Court. Or from State Supreme to US Supreme Court. The writ is issued by the higher court.

Question 18

Petition

Answer 18

To make a formal request to the court. Sometimes referred to as a complaint.

Question 19

Process server

Answer 19

Person permitted to serve legal documents; must be at least 18 years old and not party to the action

Question 20

In personam jurisdiction

Answer 20

Jurisdiction over a person

Question 21

In rem jurisdiction

Answer 21

Jurisdiction over the controversy, often property

Question 22

Concurring opinions

Answer 22

Opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons.

Question 23

Voir Dire (vwär ˈdir)!

Answer 23

A preliminary examination of a witness or a juror by a judge or counsel.

Question 24

Motion in limine

Answer 24

Motion made before trial asking court to limit issues at trial.

i.e. For example, if you are involved in a DUI accident and discover that there is a witness who is inflating the details of the case, then your attorney may create a motion in limine that requests that the witnesses’ testimony be thrown out before the case proceeds.

Question 25

Subpoena Duces Tecum

Answer 25

Compelling a witness to testify with certain documents

Question 26

Preponderance of evidence

Answer 26

Burden of proof in civil cases more likely then not a fact is as alleged.

Question 27

Peremptory Challenge

Answer 27

Exclusion of a potential juror without cause

Question 28

Personal Service

Answer 28

Service of legal papers upon an individual, as opposed to a business or registered agent

Question 29

Trial Brief

Answer 29

Document filed with the court to argue a legal issues, often filed in support of the motion

Question 30

Record

Answer 30

The official collection of the transcripts, pleadings, and exhibits from the trial

Question 31

Bias

Answer 31

Potential for unfairness due to preconceptions, lack of open-mindedness, or prior involvement in a case.

Question 32

Joint & Several Liability

Answer 32

When multiple defendants may be found liable as a group or separately

Question 33

Appellant

Answer 33

Person initiating an appeal

Question 34

Motion to dismiss

Answer 34

A motion to end the case before trial starts

Question 35

Default judgment

Answer 35

Judgment by the court in favor of the plaintiff, based on the fact that the defendant failed to respond in a timely fashion

Question 36

Remand

Answer 36

Appellate court sends back to civil court for trial

Question 37

En banc

Answer 37

When an entire appellate court sits to hear a case

Question 38

At issue or in issue

Answer 38

A legal question to be answered by the court

Question 39

Diversity of citizenship

Answer 39

When a federal court hears a case based on the fact that parties are from different states and amount of money exceed $75K

Question 40

Resjudicata

Answer 40

Doctrine stating a case has been decided on its merits may not be re-litigated

Question 41

Ad damnum clause

Answer 41

Element of a complaint that asks for damages; also called “wherefore clause” or “prayer for relief”

ie. if someone sues another person for a car accident, they may include an ad damnum clause stating that they are seeking $10,000 in damages. The purpose of an ad damnum clause is to inform the court and the defendant of the amount of money the plaintiff is seeking.

Question 42

Proximate cause

Answer 42

Event or point at which series of incidents results in an event with damages

Question 43

Quasi in rem jurisdiction

Answer 43

Jurisdiction over property, even though property isn’t the controversy

Question 44

Motion for judgment NOV (notwithstanding the verdict)

Answer 44

Motion asking court to disregard jury verdict

Question 45

Affirmative defense

Answer 45

Admission that a specific act did occur, arguing that the fault lies not with the defendant. Intended to eliminate or reduce the plaintiff’s damages.

Question 46

Privilege

Answer 46

The right to refuse to testify or to prevent someone else from testifying

Question 47

Prima facie case

Answer 47

Case that’s sufficient on its face. If facts alleged by plaintiff are proved at trial, plaintiff deserves damages. If at any point facts can be disproven, case is dismissed

Question 48

Directed Verdict

Answer 48

Motion during trial made by a party asking that the judge enter judgements on behalf of their client due to the fact that the other party has failed to establish a prima facie case, thereby foregoing the need to consult the jury

Question 49

Ex parte

Answer 49

To communicate with the court without informing the other party of the contents of that communication, typically not allowed

Question 50

Interlocutory appeal

Answer 50

An appeal made before or during a trial asking the higher court to provide a ruling on limited issues, not to determine final judgement

ie. if a lawsuit contains claims for breach of contract, fraud and interference with contractual advantage, and if there are three defendants in this lawsuit, then until all three claims are resolved as to all three defendants, any appeal by any party will be considered interlocutory.

Question 51

Rehearing

Answer 51

Second chance to present arguments to the court on the same issue

Question 52

Cross claim

Answer 52

A claim by one defendant against a co-defendant

Question 53

Discovery methods (main types)

Answer 53

Methods whereby one party obtains relevant info. on a case from another party.

-deposition
-interrogatories
-request for admission/physical exam/production of docs/inspection
-subpoena/subpoena duces tecum

Question 54

Deposition

Answer 54

Recorded sworn oral testimony of a party or witness before trial; primarily organized in the pretrial stage

Question 55

Attorney Work Product

Answer 55

Material prepared in anticipation of trial

Question 56

Contempt

Answer 56

Displaying disrespect for the court

Question 57

Lis pendens (suit pending)

Answer 57

Plaintiff protecting their right to the value of their property by filing this type of suit via a document on the title of the property

Question 58

Stipulation

Answer 58

Agreed statement of facts by both parties that won’t be argued at trial

Question 59

Competence

Answer 59

A potential witnesses capacity to testify