Chapter 3

Question 1

Pleadings

Answer 1

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defenses involved in the litigation; the complaint and answer are part of the pleadings

Question 2

Complaint

Answer 2

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a lawsuit

Question 3

Service of process

Answer 3

The delivery of the complaint and summons to a defendant

Question 4

Summons

Answer 4

A document informing a defendant that a legal action has been commenced against him or her and that the defendant must appear in court on a certain date to answer the plaintiffs complaint. The document is delivered by a sheriff or any other authorized person

Question 5

Default judgment

Answer 5

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim

Question 6

Answer

Answer 6

Procedurally, a defendants response to the plaintiffs complaint

Question 7

Affirmative defense

Answer 7

A response to a plaintiffs claim that does not deny the plaintiffs facts but attacks the plaintiffs legal right to bring an action. An example is the running out of the statute of limitations

Question 8

Counterclaim

Answer 8

A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff

Question 9

Motion

Answer 9

A procedural request or application presented by an attorney to the court on behalf of a client

Question 10

Pretrial motions

Answer 10

A written or oral application to a court for a ruling or order, made before trial

Question 11

Motion to dismiss

Answer 11

A pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action or other reasons a lawsuit should be dismissed

Question 12

Motion for judgment on the pleadings

Answer 12

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial. The motion will be granted only if no facts are in dispute

Question 13

Motion for summary judgement

Answer 13

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

Question 14

Affidavits

Answer 14

A written or printed voluntary statement of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation

Question 15

Discovery

Answer 15

A phrase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Question 16

Deposition

Answer 16

The testimony of a party to a lawsuit or a witness taken under oath before a trial

Question 17

Impeach

Answer 17

To challenge the credibility of a persons testimony or attempt to discredit a party or witness

Question 18

Interrogatories

Answer 18

A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit, usually with the assistance of the party’s attorney

Question 19

E-evidence

Answer 19

A type of evidence that consists of electronically recorded info including email, voicemail, spreadsheets, word processing documents, and other data

Question 20

Metadata

Answer 20

Data that are automatically recorded by electronic devices and provide info about who created a file and when and who accessed, modified, or transmitted it on their hard drives. Data about data.

Question 21

Pretrial conference

Answer 21

A conference scheduled before the trial begins, between the judge and the attorneys litigating the suit. The parties may settle the dispute, clarify the issues, schedule discovery and so on

Question 22

Voir dire

Answer 22

In French means to see, to speak.

When the attorneys select the jury

Question 23

Opening statements

Answer 23

A statement made to the jury at the beginning of a trial by a party’s attorney. Briefly outlines the evidence that will be offered and the legal theory that will be pursued

Question 24

Rules of evidence

Answer 24

Rules governing the admissibility of evidence in trial courts.

Question 25

Relevant evidence

Answer 25

Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence, only relevant evidence is admissible in court.

Question 26

Hearsay

Answer 26

An oral or written statement made out of court that is later offered in court by a witness to prove the truth of the matter asserted in the statement. Generally inadmissible as evidence.

Question 27

Direct examination

Answer 27

The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney’s client

Question 28

Cross examination

Answer 28

The questioning of an opposing witness during a trial

Question 29

Motion for a judgment as a matter of law/motion for a directed verdict

Answer 29

In a federal court, a party’s request that the judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. In state courts, it’s called motion for a directed verdict

Question 30

Rebuttal

Answer 30

The refutation of evidence introduced by the other party’s attorney

Question 31

Rejoinder

Answer 31

The defendants answer to the plaintiffs rebuttal

Question 32

Closing argument

Answer 32

An argument made after each side has rested their cases. Made prior to the jury charges

Question 33

Verdict

Answer 33

A formal decision made by the jury

Question 34

Motion for a new trial

Answer 34

A motion asserting that the trial was so fundamentally flawed (error, new evidence, prejudice, etc) that a new trial is necessary to prevent a miscarriage of justice

Question 35

Motion for judgment N.O.V

Answer 35

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous
“Not withstanding verdict”

Question 36

Brief

Answer 36

A formal legal document submitted by the attorney for the appellant to an appellate court when the case is appealed. Outlines the facts and issues of the case, the judges ruling or jury’s findings that should be reversed or modified

Question 37

writ of execution

Answer 37

A courts order, after a judgement has been entered against the debtor, directing the sheriff to seize and sell any of the debtors nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest, costs of the sale. Any surplus paid to the debtor

Question 38

Federal rules of civil procedure

Answer 38

The rules controlling procedural matters in civil trials brought before the federal district courts