Terms

Question 1

Motion to Dismiss

Answer 1

gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

Question 2

Motion for summary judgement

Answer 2

can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties’ claims or defenses before trial.

Question 3

Motion for judgement as a matter of law

Answer 3

asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion.

(The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.)

Question 4

Appellate brief

Answer 4

a party’s written description of the facts in the case, the law that applies, and the party’s argument about the issues on appeal.

Question 5

Discovery

Question 6

Writ

Question 7

Demurrer

Answer 7

An objection that an opponent’s point is irrelevant or invalid, while granting the factual basis of the point

Question 8

Reversed & remanded

Question 9

Term of years

Question 10

Period tenancy

Question 11

Tenancy at will

Question 12

Tenancy at sufference

Question 13

Possible v. Probable v. Plausable

Question 14

Affirmative Defense

Question 15

Over ruled by implication

Question 16

Prejudgment replevin

Question 17

Preliminary injunction

Question 18

Declaratory judgment

Question 19

Acquit (v)

Answer 19

To set free, release or discharge as from an obligation, burden, or accusation

Question 20

Cause of Action

Answer 20

Legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.

Question 21

Compensatory Damages

Answer 21

Damages that are intended to compensate for actual injury or economic loss.

Question 22

En Banc

Answer 22

(french for “on the bench” refers to a special procedure where all judges of a particular court hear a case. When the court believes that the matters are especially complex or important, the en banc procedure will be used.

Question 23

Ex Parte (Application)

Answer 23

“Ex Parte” means “by one party”; an ex parte application is an urgent request to the court and differs from a motion because it does not require that a hearing date be set.
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Question 24

Certiorari
(“Cert.”)

Answer 24

In the Supreme Court, if four justices agree to review the case, then the Court will hear the case. This is referred to as “granting certiorari”

Question 25

injunctive relief

Answer 25

a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.