Quiz 4 Review - 6/11

Question 128

Define:

best evidence rule

Answer 128

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

Question 132

Define:

challenge for cause

Answer 132

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

Question 133

Define:

circumstantial evidence

Answer 133

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

Question 135

Define:

civil procedure

Answer 135

rules of court followed by courts in adjudicating civil cases

Question 136

Define:

class action

Answer 136

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

Question 141

Define:

complaint

Answer 141

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

Question 151

Define:

default judgment

Answer 151

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

Question 153

Define:

deposition

Answer 153

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

Question 157

Define:

discovery

Answer 157

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

Question 160

Define:

dying declarations

Answer 160

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

Question 171

Define:

hearsay evidence

Answer 171

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

Question 179

Define:

interrogatories

Answer 179

written questions put to a witness

Question 182

Define:

judicial notice

Answer 182

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.

Question 187

Define:

long-arm statute

Answer 187

A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.

Question 192

Define:

motions

Answer 192

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

Question 202

Define:

peremptory challenges

Answer 202

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

Question 203

Define:

personal service

Answer 203

service of legal process by delivery to the named person

Question 207

Define:

preponderance of the evidence

Answer 207

evidence that has greater weight that countervailing evidence

Question 231

Define:

substituted service

Answer 231

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

Question 233

Define:

summons

Answer 233

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

Question 237

Define:

venue

Answer 237

location of a trial or hearing

Question 238

Define:

voir dire

Answer 238

“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