Chapter 9 - Civil Procedure, Evidence, and the Appellate Process - Terminology

Question 1

To uphold, ratify or approve

Answer 1

affirm

Question 2

the defendant’s response to the allegations of the plaintiff’s complaint or petition

Answer 2

answer

Question 3

appellee’s written response to the appellant’s law brief filed in an appellate court

Answer 3

answer brief

Question 4

a person who takes an appeal to a higher court

Answer 4

appellant

Question 5

the rules of procedure follow by the appellate courts in deciding appeals

Answer 5

appellate procedure

Question 6

the party against whom a case is appealed to a higher court

Answer 6

appellee

Question 7

right of a person (client) not to testify about matters discussed in confidence with an attorney in the course of the attorney’s representation of the client

Answer 7

attorney-client procedure

Question 8

trial held before a judge without a jury present

Answer 8

bench trial

Question 9

the requirement that the original document or best facsimile must be produced in the court to prove the content of a writing

Answer 9

best evidence rule

Question 10

records kept in the ordinary course of business and records required the be kept by governments

Answer 10

business and public records

Question 11

a meeting between a judge and counsel to review the status of a case before the court and to plan necessary steps to conclude the case

Answer 11

case management conference

Question 12

a right to bring suit based on someone’s breach of a legal duty

Answer 12

cause of action

Question 13

objection to prospective jurors on some specified ground (close relationship to case)

Answer 13

challenge for cause

Question 14

indirect evidence from which the existence of certain facts may be inferred

Answer 14

circumstantial evidence

Question 15

a reference to a statute or court decision, often designating a publication where the law or decision appears

Answer 15

citations

Question 16

rules of court followed by courts in adjudicating civil cases

Answer 16

civil procedure

Question 17

a lawsuit brought by one or more parties on behalf of themselves and others similarly situated

Answer 17

class action

Question 18

the exemption of a clergyperson and a penitent from disclosing communications made in confidence by the penitent

Answer 18

clergy privilege

Question 19

arguments presented at trial by counsel at the conclusion of the presentation of evidence

Answer 19

closing arguments

Question 20

English common law system of filing various written documents in litigation to arrive at the issues toe be resolved by the court

Answer 20

common law pleading

Question 21

legally qualified

Answer 21

competent

Question 22

an initial document filed in court to inform the defendant of the nature and extent of the plaintiff’s claim against the defendant

Answer 22

complaint

Question 23

an opinion by a judge or justice agreeing with the judgment of an appellate court without agreeing with the court’s reasoning process

Answer 23

concurring in the judgment

Question 24

opinion by a judge or justice agreeing with the decision of the court. May or may not agree with the rationale adopted by the court in reaching its decision

Answer 24

concurring opinion

Question 25

a form of service of court process other than by personal delivery to the intended recipient. Sometimes accomplished by a notice published in the newspaper with a copy sent to the last known address of the intended recipient

Answer 25

constructive service

Question 26

a request by the defendant for relief against the plaintiff

Answer 26

counterclaim

Question 27

a claim asserted in a lawsuit by one party against a co-party

Answer 27

cross-claim

Question 28

process of interrogating a witness who has testified on direct examination by asking the witness questions concerning testimony given

Answer 28

cross-examination

Question 29

monetary compensation awarded by a court to a person who has suffered injuries or losses to person or property as a a result of someone else’s conduct

Answer 29

damages

Question 30

a court decision establishing rights of parties

Answer 30

declaratory relief

Question 31

failure to do some act required by contract or by law

Answer 31

default

Question 32

a judgment entered by a court due to a defendant’s failure to respond to legal process or to appear in court t o contest the plaintiff’s claim

Answer 32

default judgment

Question 33

a person charged with a crime or against whom a civil action has been initiated

Answer 33

defendant

Question 34

the recorded sworn testimony of a witness; not given in open court

Answer 34

deposition

Question 35

evidence that applies directly to proof of a fact or proposition. For example, an eyewitness

Answer 35

direct evidence

Question 36

interrogation by an attorney of a party or a witness called to testify

Answer 36

direct examination

Question 37

a verdict rendered by a jury upon direction of the presiding judge

Answer 37

directed verdict

Question 38

a process whereby counsel seek to obtain information from parties in a lawsuit through interrogatories and depositions

Answer 38

discovery

Question 39

a written opinion by a judge or justice setting forth reasons for disagreeing with a particular decision of the court

Answer 39

dissenting opinion

Question 40

the authority of federal courts to hear lawsuits in which the parties are citizens of different states and the amount in controversy exceeds $75,000.

Answer 40

diversity jurisdiction

Question 41

statement made by a person who believes that his or her death is imminent. generally considered an exception to the hearsay rule of evidence.

Answer 41

dying declarations

Question 42

a rehearing in an appellate court in which all or a majority of the judges participate

Answer 42

en banc rehearing

Question 43

the function of appellate courts in correcting errors committed by lower tribunals in their interpretation and application of law, evidence and procedure

Answer 43

error correction

Question 44

establishment of one fact allow inference of another fact or circumstance

Answer 44

evidentiary presumption

Question 45

a witness with specialized knowledge or training called to testify in his or her field of expertise

Answer 45

expert witness

Question 46

testimony given by a person based on personal observation of an event

Answer 46

eyewitness testimony

Question 47

persons qualified in the application of scientific knowledge to legal principles, usually applied to those who participate in discourse or who testify in court

Answer 47

forensic experts

Question 48

a challenge to a prospective juror’s competency to serve based solely on the prospective juror’s gender

Answer 48

gender-based peremptory challenges

Question 49

damages that have accrued to the plaintiff due to a particular injury or loss

Answer 49

general damages

Question 50

an objection raised against a witness’s testimony or introduction of evidence when the objecting party does not recite a specific ground for the objection

Answer 50

general objection

Question 51

ordinary form of jury verdict in civil case that finds for the plaintiff or defendant in general terms; in criminal case, finds the defendant not guilty or guilty of specified crime

Answer 51

general verdict

Question 52

statements made by someone other than a witness offered in evidence at a trial or hearing to prove the truth of the matter asserted

Answer 52

hearsay evidence

Question 53

a trial jury unable to reach a verdict

Answer 53

hung jury

Question 54

a question based on an assumed set of facts. May be asked of expert witnesses in criminal trials.

Answer 54

hypothetical question

Question 55

“In the manner of a pauper.” Waiver of filing costs and other fees associated with judicial proceedings to allow an indigent person to proceed

Answer 55

in forma pauperis

Question 56

inferences and presumptions that tend to establish a fact or issue

Answer 56

indirect evidence

Question 57

appellant’s brief filed in support of issues raised in appellate court

Answer 57

initial brief

Question 58

petition or complain filed to initiate a proceeding in a judicial tribunal

Answer 58

initial pleading

Question 59

a court order prohibiting someone from doing some specified act or commanding someone to undo some wrong or injury

Answer 59

injunction

Question 60

written questions put to a witness

Answer 60

interrogatories

Question 61

dismissal of a law action based on legal grounds

Answer 61

involuntary dismissal

Question 62

a meeting of judges to deliberate on disposition of a case

Answer 62

judicial conference

Question 63

the act of a court recognizing, without proof, the existence of certain facts that are commonly known. Such facts are often brought to the court’s attention through the use of a calendar or almanac.

Answer 63

judicial notice

Question 64

geographical area within which, subject matter with respect to which, and the persons over whom a court can properly exercise its power

Answer 64

jurisdiction

Question 65

a judge’s explanation of the law applicable to a case being heard by a jury

Answer 65

jury instructions

Question 66

a judicial proceeding to determine a defendant’s guilt or innocence conducted before a body of persons sworn to render a verdict based on the law and the evidence presented

Answer 66

jury trial

Question 67

appellate court makes law by interpreting or reinterpreting a constitutional or statutory provision

Answer 67

lawmaking

Question 68

a state law authorizing service of process on a nonresident defendant as a basis for the court’s jurisdiction. To be constitutional applied, the defendant must have had minimal contacts within the state where the court is to acquire jurisdiction

Answer 68

long-arm statutes

Question 69

“We command.” A judicial order or writ commanding a public official or an organization to perform a specified non-discretionary duty

Answer 69

mandamus

Question 70

privilege of married persons not to be compelled to testify against one another

Answer 70

marital privilege

Question 71

trial terminated due to misconduct, procedural error or a “hung jury”

Answer 71

mistrial

Question 72

formal request made to a court of law to convene another hearing in a case in which the court has already ruled

Answer 72

motion for rehearing

Question 73

formal application to courts to obtain an order or grant some relief to the movant

Answer 73

motions

Question 74

a token amount awarded to a plaintiff who proves the defendant liable but fails to prove actual damages

Answer 74

nominal damages

Question 75

document filed notifying an appellate court of an appeal from a judgment of a lower court

Answer 75

notice of appeal

Question 76

a prosecutor’s or defense lawyer’s initial statement to the judge or jury in a trial

Answer 76

opening statement

Question 77

the opinion expressing the views of the majority of judges participating in a judicial decision

Answer 77

opinion of the court

Question 78

verbal presentation made to an appellate court in an attempt to persuade the court to affirm, reverse, or modify a lower court decision

Answer 78

oral argument

Question 79

writs issued by a court in an original, as opposed to an appellate, proceeding. Include mandamus, prohibition, quo warranto, and habeas corpus

Answer 79

original writs

Question 80

compromises arrived at between parties that result in dismissal of cases before formal trials occur

Answer 80

out-of-court settlements

Question 81

persons involved in court actions; persons who enter contracts

Answer 81

parties

Question 82

opinion rendered “by the court” as distinct from on attributed to one or more judges

Answer 82

per curiam opinion

Question 83

objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection

Answer 83

peremptory challenges

Question 84

service of legal process by delivery to the named person

Answer 84

personal service

Question 85

person who brings a petition before a court of law

Answer 85

petitioner

Question 86

party initiating legal action; complaining party

Answer 86

plaintiff

Question 87

results of lie detector tests (generally inadmissible)

Answer 87

polygraph evidence

Question 88

evidence that has greater weight that countervailing evidence

Answer 88

preponderance of the evidence

Question 89

meeting of attorneys and the trial judge in advance of a jury trial to define issues, stipulate as to evidentiary exhibits, estimate the time required for trial and discuss other details concerning the trial

Answer 89

pretrial conference

Question 90

confidential communications that persona are not required to disclose in court proceedings

Answer 90

privileged communication

Question 91

provision of law forbidding a particular form of conduct

Answer 91

prohibition

Question 92

a court order protecting a person from whom discovery is sought prior to trial from annoyance, oppression, or undue expense in complying with demands of a party seeking discovery

Answer 92

protective order

Question 93

a sum of money awarded to the plaintiff in a civil case as a means of punishing the defendant for wrongful conduct

Answer 93

punitive damages

Question 94

peremptory challenges to prospective jurors that are based solely on racial animus or racial stereotypes

Answer 94

racially based peremptory challenges

Question 95

refers to maps, blood samples, x-rays, photos, stolen goods, fingerprints, knives, guns and other tangible items introduced into evidence.

Answer 95

real evidence

Question 96

a legal presumption that may be refuted by evidence

Answer 96

rebuttal presumption

Question 97

refutation by an attorney of the opposing attorney’s argument

Answer 97

rebuttal

Question 98

evidence tending to prove or disprove an alleged fact

Answer 98

relevant evidence

Question 99

to send back, as from a higher court to a lower court for the latter to take specified action in a case or to follow proceedings designated by the higher court

Answer 99

remand

Question 100

a brief submitted in response to an appellee’s answer brief

Answer 100

reply brief

Question 101

books that are a party of the National Reporter Series that contain judicial decision and accompanying opinions, for example, the Supreme Court Reporter Series that includes Supreme Court decisions; other regional reporters contain decisions of federal and state decisions

Answer 101

reporters

Question 102

set aside a decision on appeal

Answer 102

reverse

Question 103

US Supreme Court rule whereby the Court grants certiorari only on the agreement of at least four justices

Answer 103

rule of four

Question 104

rules that govern the introduction of evidence in courts

Answer 104

rules of evidence

Question 105

isolation of jurors (usually in a high-profile criminal case) from contact with the general public until a trial jury has reached a verdict

Answer 105

sequestration of the jury

Question 106

compensation awarded by a court to reimburse a plaintiff four out-of-pocket losses sustained as a result of a defendant’s actions. In a typical tort action, include compensation for medical expenses and loss of wages

Answer 106

special damages

Question 107

A jury verdict with the jury answering specific questions as to its findings on issues posed by the court

Answer 107

special verdict

Question 108

counsel’s objection to a question posed to a witness by opposing counsel where a specific reason is given for the objection, for example, calls for hearsay

Answer 108

specific objection

Question 109

a court-imposed requirement that a party perform obligations incurred under a contract

Answer 109

specific performance

Question 110

exceptions to the hearsay rule of evidence. Statements made describing or explaining an event while the declarant is perceiving the event or immediately after; or a statement relating to a startling event made while the declarant was under stress caused by the event

Answer 110

spontaneous or excited utterance

Question 111

a significant legal question pertaining to the US Constitution, a federal statute, treaty, regulation, or judicial interpretation of any of the foregoing

Answer 111

substantial federal question

Question 112

any form of service of process other than by personal service, such as service by mail or by publication in a newspaper

Answer 112

substituted service

Question 113

a decision rendered by a trial court without extended argument where there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law

Answer 113

summary judgment

Question 114

a court order requiring a person to appeal in court to answer a criminal charge

Answer 114

summons

Question 115

evidence received by a court from witnesses who have testified under oath

Answer 115

testimonial evidence

Question 116

where a defendant in a civil suit makes a third party an additional defendant in the litigation. Basis is the allegation that such party is or may be liable to the defendant for all or part of the plaintiff’s claim against the defendant

Answer 116

third-party practice

Question 117

group of citizens from whom a jury is chosen in a given case

Answer 117

venire

Question 118

location of a trial or hearing

Answer 118

venue

Question 119

“To speak the truth.” The process by which prospective jurors are questioned by the counsel and/or the court before being selected to serve on a jury

Answer 119

voir dire

Question 120

order from a higher court directing a lower court to send up the record of a case for appellate review

Answer 120

writ of certiorari