xtra Flashcards
Under a ___________ arrangement, a fixed dollar amount is agreed on and the charged for the entire case.
flat fee
Attorneys may also be paid under a _______________ arrangement, which entitles attorneys to a percentage of the financial outcome of the case, be it a judgment or settlement.
contingent fees
Mr. Johnson, an attorney, is not licensed in the state of Texas, and he would like permission to appear on one particular case. He has asked you to prepare a Motion to Appear _________________?
pro hac vice
The document that commences a legal action is a?
petition
The document that must be filed with the court within 20 days from the following Monday in order to avoid a default. This document is filed by a respondent after they have been served with a citation and a petition is called?
answer
The term ____________________ is used to describe the court’s control or power over a specific geographic territory; the power of the court to hear and resolve a dispute.
jurisdiction
The proper divorce court within the state in which to file the initial divorce petition is called?
venue
The documents that state the plaintiff’s claims giving rise to the dissolution action and the defendant’s responses or defenses to such claims are documents know as ___________________?
pleadings
A one-page preprinted form on which the names and addresses of parties and the name and address of the court are inserted and that directs the defendant to appear in court and answer allegations in a compliant is called?
summons/citation
A signed, sworn statement is called?
affidavit
A fee paid to the court to file a petition/pleading is called a?
filing fee
A document stating that a person has come into a court action as a party or an attorney representing a party is called a?
appearance
When a defendant/respondent fails to act or file an answer to the petition, the plaintiff/petitioner can file a motion for ___________________?
default judgement
Where one party in an action does not comply with the court’s order is called?
contempt
Formal delivery of the initial pleadings is called?
service of process
When the legal notice is published in a newspaper in the city, town or general area where the defendant was last known to reside is called?
service by publication
The initial section of a pleading that contains the case number, name of the parties and the division of the court is called?
caption/style
A signed, sworn statement that a legal notice was printed is called?
affidavit of publication
If a defendant spouse believes that a valid marriage never existed, she or she should certainly raise that belief as a ________________ and request that he matter be dismissed.
special defense
The respondent has failed to comply with the court’s earlier order and request to pay child support. What motion should we file for relief?
motion for contempt
Which of the following is NOT a discovery tool?
confidentiality agreement
Written questions that one party in a lawsuit serves on any opposing party or parties during the discovery process are called?
interrogatories
Where a party formally asks that the other party present certain papers for use in a case are called?
request for production
Where a party formally asks that an opposing party admit the truth of some fact or event that will inevitably be proved at trial are called?
request for admission
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 their ability is called a?
deposition
A document that alerts a party that he or she will be required to submit to examination by the opposing party is called a?
notice of deposition
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 is called a?
subpoena
A written document presented to the court that states a party’s argument in a case a support that arguments with specific case law and statues is a?
memorandum of law
A judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution is called?
uncontested hearing
Meeting someone halfway or giving up a position in exchange for something else is called?
compromise
Where the parties meet and attempt to resolve the pending issues surrounding their dissolution of marriage action with the assistance of a trained third party, either court-provided and free, or privately engaged and paid is called a?
mediation
An alternative to a 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 contested issues is called?
divorce arbitration
A trial in which both parties present their case to the court for its final hearing is called a?
divorce trial
Where one of the parties to an action has failed to appear at the scheduled trial date even though he or she has received proper notice of the proceedings; the court proceeds with a hearing and severs the marriage is called a?
default trial
A disputed divorce trial arising from the parties’ failure to resolve disputed issues without judicial intervention is called?
contested hearing
A document that allows an incarcerated party to be transported by a state’s correctional department for trial is called a?
habeas corpus
A change or adjustment to a previous court order is called a?
modification
Where a party asks that order for spousal support entered by the court be changed when there has been a substantial change from the time the original order was entered is known as?
motion to modify alimony
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 is called?
motion for contempt
Amount due by court order but unpaid; also known as back alimony/child support is called?
arrearage
