Test 9

Question 1

1. If other persons have a pecuniary interest in a lawsuit, they may step in and become parties in a process called _____________________________________.

Answer 1

intervention

Question 2

2. The _____________________________________ is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Answer 2

statute of limitations

Question 3

3. A person giving a deposition is called a _____________________________.

Answer 3

deponent

Question 4

4. Another name for jury instructions is _______________________________.

Answer 4

jury charge

Question 5

5. Papers filed with the court to initiate or respond to a lawsuit are called _____________________________________.

Answer 5

pleadings

Question 6

6. The initial pleading in state court is called a __________________________.

Answer 6

petition

Question 7

7. The initial pleading in federal court is called a __________________________.

Answer 7

complaint

Question 8

8. A _________________________ is a court order directing the defendant to appear in court and answer.

Answer 8

summons

Question 9

9. A chronology is a ______________________________.

Answer 9

time line

Question 10

10. Name two dispositive pretrial motions: _________________and ______________________________

Answer 10

motion to dismiss motion for summary judgment

Question 11

11. What does “dispositive” mean in that context? ______________________________

Answer 11

to dispose of all or part of a case

Question 12

12. When lawyers speak to and with the jury panel prior to the selection of the jury, this is called ________________________________________________.

Answer 12

voir dire

Question 13

13. The words that an attorney says to the seated jury at the start of the trial are called _____________________________________________________.

Answer 13

opening statements

Question 14

14. The last words that an attorney says to the seated jury are called _____________________________________________________.

Answer 14

closing arguments

Question 15

15. What two things may take place in trial immediately after both sides rest? ___________________________________________________________

Answer 15

rebuttal rejoinder

Question 16

16. Who reads the verdict in Texas state courts? _______________________________

Answer 16

court clerk

Question 17

17. JNOV stands for the Latin phrase _______________________________________ ______________________________________.

Answer 17

judgment non obstante verdicto

Question 18

18. Explain JNOV. _______________________________________________________ ___________________________________________________

Answer 18

Judgment not withstanding the verdict. Judge overrules the jury verdict

Question 19

19. When the judge reduces the amount of damages awarded by a jury, that’s called ______________________________.

Answer 19

remmititur

Question 20

20. The appealing party is called the ___________________________ and the other party is called the ______________________.

Answer 20

appellant appellee

Question 21

21. What 3 actions may an appellate court take after hearing a case? _____________________, ___________________________, ______________________

Answer 21

affirm remand reverse

Question 22

22. Name five forms of discovery: _____________________, _______________ ____________________, _______________________, _______________.

Answer 22

Deposition, Interrogatories, Physical or Mental exam, Request for Disclosure, Request for Admissions, Request for Production

Question 23

23. Written questions submitted to a party during discovery are called ____________________________________________.

Answer 23

Interrogatories

Question 24

24. If an RFA is not answered on time, it is ___________________________ and to undo that, you’d file a ________________________________________.

Answer 24

deemed admitted, motion to strike deemed admissions

Question 25

25. Pro se means _________________________________________.

Answer 25

To represent oneself

Question 26

26. Ex parte means _______________________________________.

Answer 26

From one party

Question 27

27. The word “damages” refers to _____________________ in a lawsuit.

Answer 27

monetary award

Question 28

28. ____________________________ damages cover things like medical bills, pain and suffering, loss of enjoyment, and lost wages.

Answer 28

actual

Question 29

29. Res Ipsa Loquitor means ________________________________________.

Answer 29

It speaks for itself

Question 30

30. The four elements of a negligence tort are: _____________________________________

Answer 30

tortfeasor owed duty, breached duty, plaintiff injured, injury resulted from breach

Question 31

31. In the email from the defendant to her husband, in the mock trial, by what “pet name” does she refer to him? _______________________________

Answer 31

baby

Question 32

32. What is the name of the case that the mock trial parties were working on just before the vandalism took place? _______________________________

Answer 32

Vara v. CBS

Question 33

33. What kind of premium package was on the Prius that is the subject of the mock trial? ______________________________

Answer 33

Advanced Technology Package