Chapter 10. Before Trial

Question 1

Witness

Answer 1

A person who is asked to testify under oath at a trial

Question 2

Judgment

Answer 2

The court’s final decision regarding the rights and claims of the parties to a lawsuit

Question 3

Federal Rules of Civil Procedure

(FRCP) definition

Answer 3

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

Question 4

FRCP

Answer 4

Federal Rules of Civil Procedure

The Rules controlling all procedural matters in civil trial

Question 5

Complaint

Answer 5

The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of he defendant.

Question 6

Pleadings

Answer 6

(Report) Statements by the plaintiff and the defendant that detail the facts, charges, and defenses involved in the litigation.

Question 7

Docket

Answer 7

The list of cases entered on a court’s calendar and thus scheduled to be heard by the court

Question 8

Allegation

Answer 8

A party’s statement, claim, or assertion made in a pleading to the court. The allegation sets forth the issue that the party expects to prove.

Question 9

Prayer for relief

Answer 9

A statement at the end of the complaint requesting that the court grant relief to the plaintiff

Question 10

Affidavits

Af•fi•da•vits

Answer 10

A written statement of facts, confirmed by the oath or affirmation of the party making it and sworn before a person having the authority to administer the oath or affirmation.

Question 11

E-filing

Answer 11

An online system that enables attorneys to file case documents with courts 24/7

Question 12

Service of process

Answer 12

The delivery of the summons and the complaint to a defendant

Question 13

Summons

Answer 13

A document served on a defendant in a lawsuit informing the defendant that a legal action has been commenced against him or her and that the defendant must appear in court or respond to the plaintiff’s complaint within a specified period of time.

Question 14

Return of service form

Answer 14

A document signed by a process server and submitted to the court to prove that a defendant received a summons

Question 15

Default Judgment

Answer 15

A judgment entered by a clerk or court against a party who has failed to appear in court to answer or defend against a claim that has been brought against him or her by another party.

Question 16

Answer

Answer 16

A defendant’s response to a plaintiff’s complaint

Question 17

Affirmative Defense

Answer 17

A response to a plaintiff’s claim that does not deny the plaintiff’s facts but attacks the plaintiff’s legal right to bring an action.

Question 18

Counterclaim

Answer 18

A claim made by a defendant in a civil lawsuit against the plaintiff; in effect, a counterclaiming defendant is suing the plaintiff.

Question 19

Cross-claim

Answer 19

A claim asserted by a defendant in a civil lawsuit against another defendant or by a plaintiff against another plaintiff.

Question 20

Motion

Answer 20

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

Question 21

Motion to dismiss

Answer 21

A motion filed by the defendant in which the defendant asks the court to dismiss the case for a specified reason, such as improper service, lack of personal jurisdiction, or the plaintiff’s failure to state a claim for which relief can be granted.

Question 22

Supporting affidavit

Answer 22

An affidavit accompanying a motion that is filed by an attorney on behalf of his or her client. The sworn statements in the affidavit provide a factual basis for the motion.

Question 23

Memorandum of law

Answer 23

A document (known as a brief in some states) that delineates the legal theories, statutes, and cases on which a motion is based

Question 24

Discovery

Answer 24

Formal investigation prior to trial. Opposing parties use various methods, such as interrogatories and depositions, to obtain information from each other and from witnesses to prepare for trial.

Question 25

Privileged information

Answer 25

Confidential communications between certain individuals, such as an attorney and his or her client, that are protected from disclosure except under court order.

Question 26

Interrogatories

Answer 26

A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit (the plaintiff or the defendant).

Question 27

Depositions

Answer 27

A pretrial question-and-answer proceeding, usually conducted orally, in which a party or witness answers an attorney’s questions. The answers are given under oath, and the session is recorded.

Question 28

Deponent

Answer 28

A party or witness who testifies under oath during a deposition

Question 29

Subpoena

Answer 29

A document commanding a person to appear at a certain time and place to give testimony concerning a certain matter.

Question 30

Deposition transcript

Answer 30

The official transcription of the recording taken during a deposition

Question 31

Impeach

-trump needs to be impeached!!!

Answer 31

To call into question the credibility of a witness by challenging the truth or accuracy of his or her trial statement

Question 32

Discovery plan

Answer 32

A plan formed by the attorneys litigating a lawsuit, on behalf of their clients, that indicates the types of information that will be disclosed by each party to the other prior to trial, the testimony and evidence that each party will or may introduce at trial, and the general schedule for pretrial disclosures and events.

Question 33

Metadata

Answer 33

Embedded electronic data recorded by a computer in association with a particular file, including location, path, creator, date created, date last accessed, hidden notes, earlier versions, passwords, and formatting. Metadata reveal information about how, when, and by whom a document was created, accessed,

Question 34

Chain of custody

Answer 34

A series describing the movement and location of evidence from the time it is obtained to the time it is presented in court. The court requires that evidence be preserved in the condition in which it was obtained if it is to be admitted into evidence at trial.

Question 35

Motion of summary judgement

Answer 35

A motion that may be filed by either party in which the party asks the court to enter judgment in his or her favor without a trial. A motion for summary judgment can be supported by evidence outside the pleadings, such as witnesses’ affidavits, answers to interrogatories, and other evidence obtained prior to or during

Question 36

Electronic Filing System

Answer 36

E-filing