Segment A Wrap up

Question 1

Is a Motion for Summary Judgment always a pretrial document?

Answer 1

Yes; it is the argument that since there are no material facts for the jury to determine, all that is left is for the court to apply the law to those facts. ALWAYS PRETRIAL.

Question 2

Does each side make an opening argument?

Answer 2

No, each side makes an opening STATEMENT

Question 3

How many appeals in capital punishment cases?

Answer 3

A party has the right to 2 appeals

Question 4

Are the Answer, Counterclaims, and Affirmative Defense all forms of defenses?

Answer 4

Yes, and are usually required to be presented at the same time.

Any COUNTERCLAIMS, AFFIRMATIVE DEFENSES should be contained with the ANSWER

Question 5

res judicata

Answer 5

civil cases

Question 6

double jeopardy

Answer 6

criminal cases

Question 7

A reasonable basis to believe that a crime has been committed.

Answer 7

Probable cause

Question 8

Burden of proof in civil cases.

Answer 8

Preponderance of the evidence

Question 9

What is the term by which the summons and complaint are often referred to?

Answer 9

Process

Question 10

A counterclaim is what kind of document?

Answer 10

Pleading

Question 11

Document initiates a court action.

Answer 11

Complaint

Question 12

Civil cases involve a question of:

Answer 12

Liability

Question 13

Criminal cases involve a question of:

Answer 13

Guilt or Innocence

Question 14

What form of discovery involves oral questioning of a witness?

Answer 14

Deposition

Question 15

When one co-defendant makes a claim against another co-defendant, it is referred to as:

Answer 15

cross claim

Question 16

When the entire court sits to hear and decide a case, they hear the case:

Answer 16

en banc

Question 17

A complaint is what kind of document?

Answer 17

Pleading

Question 18

Document attests to the fact that someone has been presented with legal documents

Answer 18

Affidavit of Service

Question 19

What is another name for Affidavit of Service?

Answer 19

Return of Service

Proof of Service

Question 20

Is a Certificate of Mailing (COM) typically notorized?

Answer 20

No. Simply signed by the person placing the document in the mail. (or in some cases the attorney)

Question 21

One who signs an affidavit is an _____

Answer 21

Affiant

Question 22

The party against whom an appeal is brought is the ________

Answer 22

appellee

Question 23

3 things paralegal may not engage in that an attorney may engage in?

Answer 23

1. give legal advice
2. represent in court on behalf of another person
3. ask questions at a deposition

Question 24

What is a cause of action?

Answer 24

lawful reason to bring legal action