Chapter 1 Terms

Question 1

What is substantive laws?

Answer 1

Rights and duties that regulate everyday relationships (i.e., elements of the law of assault or battery)

Question 2

What is procedural law?

Answer 2

Procedures used by courts to resolve disputes about those substantive rights and duties (i.e., the requirement that all papers filled with a particular court by on 8.5 by 14 inch paper)

Question 3

What is the adversary system?

Answer 3

the almost total responsibility placed on parties to the controversy for beginning suit, shaping issues, and presenting evidence

Question 4

What is the inquisitorial system?

Answer 4

Court conducts active and independent inquiry into merits of each case, which can include judge questioning and examining witnesses, and fact finding

Question 5

What are the three considerations to begin a lawsuit?

Answer 5

1. Is legal relief available?
2. What is the probability of winning?
3. Whether what would be won is worth the burden of litigating

Question 6

What is specific relief?

Answer 6

An order directing the opposing party to do something or stop doing something

Question 7

What are U.S. District courts?

Answer 7

Courts of original jurisdiction with at least one in every state;
1. cases involving federal law and cases without
2. cases with diversity of citizenship
3. more than $75,000 in question

Question 8

What is the U.S. Court of Appeal?

Answer 8

A court which reviews the decisions of federal district courts in several states within its circuit (with exception of Courts of Appeals for District of Columbia circuit and Federal circuit)

Question 9

What is the Supreme Court of the U.S.?

Answer 9

This court has discretionary authority to review the decisions of federal courts and state courts that involve a question of federal law

Question 10

What is a complaint?

Answer 10

It is the first of the pleadings; written statements that will contain claims against defendant

Question 11

What are the three possible objectives of a complaint?

Answer 11

1. Desire to furnish a basis for identifying and separating the legal and factual contentions involved
2. may be intended to establish in advance what a party proposes to prove at trial so that the opponent will know the factual contention and prepare to meet them
3. may be intended to give each party only a general notice of the opponent’s contentions

Question 12

What are the five types of responses to a complaint?

Answer 12

1. Motion to dismiss
2. Answer
3. Affirmative defenses
4. Reply
5. Counterclaim

Question 13

What is a motion to dismiss?

Answer 13

Motion can:
1. challenge the court’s jurisdiction over subject matter or person
2. Service of process
3. Venue
4. Motion to dismiss for failure to state a claim or cause of action (demurrer)

Question 14

What is an answer?

Answer 14

Pleading must admit or deny factual allegations in complaint

Question 15

What is affirmative defenses?

Answer 15

To rely on certain legal contentions; these must be pleaded in with the answer

Question 16

What is a reply?

Answer 16

This can come after the answer; however, today they just want to close the pleadings after the answer

Question 17

What is a counterclaim?

Answer 17

Can be used as part of the answer. Basically, a complaint by the defendant against Plaintiff. Plaintiff will have to respond just like defendant did against initial complaint

Question 18

What is pretrial discovery?

Answer 18

Pretrial discovery is designed to allow the parties to exchange information about their claims and defenses, and to prepare for trial

Question 19

What are depositions?

Answer 19

The person who deposition is to be taken is questioned by lawyers for each side through direct and cross-examination. Useful for finding information that is relevant to the case, including unearthing leads as to other witnesses or documents; laying a foundation for impeachment of witness who attempts to change his/her story at trial

Question 20

What is an interrogatory?

Answer 20

(It usually may only be addressed to a party in the suit) Questions answered by the party, usually with help of counsel. Useful to obtain information against party that cannot be expected to remember in such a way through deposition

Question 21

What are the production of documents?

Answer 21

Motion to request production of documents

Question 22

What are request for admissions?

Answer 22

RFAs will require said party to answer certain questions. Removed uncontested issues from case

Question 23

What is a physical examination?

Answer 23

A court order directing to be examined by a physician of filing parties choice to determine real extent of alleged injuries

Question 24

What is a motion for summary judgment?

Answer 24

Motion can be supported by demonstrating that the crucial issue will have to be resolved in the movant’s favor at trial because the opposing due to opposing party will be unable to produce sufficient admissible evidence to support of their position on the issue.

Question 25

What is a general verdict?

Answer 25

Permits jurors to determine the facts and apply the law on which they have been charged to those facts (most common); 1. only presents conclusion who prevails 2. the amount of damages 3. if the party is the claimant

Question 26

What is a general verdict with interogatories?

Answer 26

Combines general verdict and requires several key questions to be answered to make sure the jury understands the issues at hand

Question 27

What is a special verdict?

Answer 27

All factual issues in case are submitted to jury as questions without instructions as to their legal effect; judge applies law to jury's answers and determines which party prevails

Question 28

What are the three post-trial motions?

Answer 28

1. judgment notwithstanding the verdict 2. new trial 3. reopen judgment

Question 29

What is a judgmentnotwithstanding the verdict?

Answer 29

Motion raises the same question as a motion for a directed verdict (commonly called motion for judgment n.o.v. from Latin obstante verdicto, but in federal practice, called a renewed motion for judgment as a matter of law

Question 30

What is a new trial?

Answer 30

grounds for this include many but this also may include: 1. assertions that the judge erred in admitting or excluding certain evidence; 2. charge was defective 3. attorneys, parties, or jurors guilty of misconduct; 4. damages awarded are excessive 5. jury's verdict is against clear weight of the evidence

Question 31

What is "reopen judgment?"

Answer 31

If previous motions fail, very rarely but possible for reopen judgment, based on: 1. clerical mistakes 2. newly discovered evidence 3. fraud

Question 32

What is a writ of execution?

Answer 32

Issued by the court commanding an office-usually the sheriff to seize property of the losing party, if necessary, to sell it publicly and use proceeds to satisfy judgment

Question 33

What is an injunction?

Answer 33

If defendant fails to stop doing something or does not do something, they may be held in contempt of court and punished by fine or imprisonment

Question 34

What is a final judgment?

Answer 34

Judgment becomes final: 1. after appeal and other proceedings that may occur 2. or if no appeal taken, when time to appeal expires

Question 35

What is res judicata?

Answer 35

A thing decided and now the matter is at rest