xtra

Question 1

Under a ___________ arrangement, a fixed dollar amount is agreed on and the charged for the entire case.

Answer 1

flat fee

Question 2

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.

Answer 2

contingent fees

Question 3

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 _________________?

Answer 3

pro hac vice

Question 4

The document that commences a legal action is a?

Answer 4

petition

Question 5

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 5

answer

Question 6

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.

Answer 6

jurisdiction

Question 7

The proper divorce court within the state in which to file the initial divorce petition is called?

Answer 7

venue

Question 8

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 ___________________?

Answer 8

pleadings

Question 9

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?

Answer 9

summons/citation

Question 10

A signed, sworn statement is called?

Answer 10

affidavit

Question 11

A fee paid to the court to file a petition/pleading is called a?

Answer 11

filing fee

Question 12

A document stating that a person has come into a court action as a party or an attorney representing a party is called a?

Answer 12

appearance

Question 13

When a defendant/respondent fails to act or file an answer to the petition, the plaintiff/petitioner can file a motion for ___________________?

Answer 13

default judgement

Question 14

Where one party in an action does not comply with the court’s order is called?

Answer 14

contempt

Question 15

Formal delivery of the initial pleadings is called?

Answer 15

service of process

Question 16

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?

Answer 16

service by publication

Question 17

The initial section of a pleading that contains the case number, name of the parties and the division of the court is called?

Answer 17

caption/style

Question 18

A signed, sworn statement that a legal notice was printed is called?

Answer 18

affidavit of publication

Question 19

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.

Answer 19

special defense

Question 20

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?

Answer 20

motion for contempt

Question 21

Which of the following is NOT a discovery tool?

Answer 21

confidentiality agreement

Question 22

Written questions that one party in a lawsuit serves on any opposing party or parties during the discovery process are called?

Answer 22

interrogatories

Question 23

Where a party formally asks that the other party present certain papers for use in a case are called?

Answer 23

request for production

Question 24

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?

Answer 24

request for admission

Question 25

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?

Answer 25

deposition

Question 26

A document that alerts a party that he or she will be required to submit to examination by the opposing party is called a?

Answer 26

notice of deposition

Question 27

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?

Answer 27

subpoena

Question 28

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?

Answer 28

memorandum of law

Question 29

A judicial procedure where neither party objects to the court granting a divorce and entering an order of marital dissolution is called?

Answer 29

uncontested hearing

Question 30

Meeting someone halfway or giving up a position in exchange for something else is called?

Answer 30

compromise

Question 31

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?

Answer 31

mediation

Question 32

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?

Answer 32

divorce arbitration

Question 33

A trial in which both parties present their case to the court for its final hearing is called a?

Answer 33

divorce trial

Question 34

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?

Answer 34

default trial

Question 35

A disputed divorce trial arising from the parties' failure to resolve disputed issues without judicial intervention is called?

Answer 35

contested hearing

Question 36

A document that allows an incarcerated party to be transported by a state's correctional department for trial is called a?

Answer 36

habeas corpus

Question 37

A change or adjustment to a previous court order is called a?

Answer 37

modification

Question 38

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?

Answer 38

motion to modify alimony

Question 39

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?

Answer 39

motion for contempt

Question 40

Amount due by court order but unpaid; also known as back alimony/child support is called?

Answer 40

arrearage