Chapter 3

Question 1

Affidavit

Answer 1

A written or printed vocabulary statement of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation

Question 2

Affirmative defense

Answer 2

A response to a plaintiffs claim that does not deny the plaintive’s facts but Attacks the plaintiff’s legal right to bring an action. An example is the running of you of the statute of limitations

Question 3

Answer

Answer 3

Procedurally, a defendants response to the plaintiffs complaint

Question 4

Brief

Answer 4

A formal legal document submitted by the attorney for the appellant – or the appellee (the answer to the appellant’s brief) – to an appellate court when a case is appealed. The appellants briefs outlines the facts and issues of the case, the judges ruling or jury’s findings that should be reversed or modified, the applicable law, and argument of the clients behalf

Question 5

Closing Argument

Answer 5

An argument made after the plaintiff and defendant have arrested their cases. Closing arguments are made prior to the jury charges.

Question 6

Complaint

Answer 6

The pleading made by a plaintiff alleging wrongdoing on the part of the defendant; the document that, when filed with a court, initiates a law suit

Question 7

Counterclaim

Answer 7

A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff

Question 8

Cross-Examination

Answer 8

The questioning of an opposing witness during a trial

Question 9

Default Judgement

Answer 9

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiffs claim

Question 10

Deposition

Answer 10

The testimony of a party to a lawsuit or a witness taken under oath before a trial

Question 11

Direct Examination

Answer 11

The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorneys client

Question 12

Discovery

Answer 12

A phase in the litigation process during which the opposing parties may obtain information from each other and from third parties prior to trial

Question 13

E-evidence

Answer 13

A type of evidence that consist of computer-generated or electronically recorded information, including emails, voicemail, spreadsheets, word processing documents, and other data

Question 14

Federal Rules of Civil Procedure (FRCP)

Answer 14

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

Question 15

Hearsay

Answer 15

An oral or written statement made out of court that is later offered in court by a witness (not the person who made the statement) to prove the truth of the matter asserted in the statement. Hearsay is generally inadmissible as evidence.

Question 16

Impeach

Answer 16

To challenge the credibility of a person’s testimony or attempt to discredit a party or witness

Question 17

Interrogatories

Answer 17

A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit usually with the assistance of the party’s attorney

Question 18

Metadata

Answer 18

Data that are automatically recorded by electronic devices and provide information about who created a file and when, and who accessed, modified, or transmitted it on their hard drives. Can be described as data about data

Question 19

Motion

Answer 19

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

Question 20

Motion for a Directed Verdict

Answer 20

In a state court, a party’s request that a judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The federal courts referred to this request as a motion for judgment as a matter of law

Question 21

Motion for a Judgment as a Matter of Law

Answer 21

In a federal court, a party’s request that the judge enter a judgment and her or his favor before the case is submitted to a jury because the other party has not presented sufficient evidence to support the claim. The state courts refer to this request as motion of direct verdict

Question 22

Motion for a New Trial

Answer 22

A motion asserting that the trail was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) the new trial is the third to prevent a miscarriage of justice

Question 23

Motion for Judgment n.o.v.

Answer 23

A motion requesting the court to grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable and erroneous

Question 24

Motion for Judgment on the pleadings

Answer 24

A motion by either party to a lawsuit at the close of the pleadings requesting the court to decide the issue solely on the pleadings without proceeding to trial the motion will be granted only if no facts are in dispute

Question 25

Motion for Summary Judgment

Answer 25

A motion requesting the court to enter a judgment without proceeding to trial. The motion can be based on evidence outside the pleadings and will be granted only if no facts are in dispute

Question 26

Motion to Dismiss

Answer 26

A pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action (that is, has no basis in law) or there are other grounds on which a suit should be dismissed

Question 27

Opening Statement

Answer 27

A statement made to the jury at the beginning of a trial by a parties attorney, prior to the presentation of evidence. The attorney briefly outlined the evidence that will be offered and the legal theory that will be pursued.

Question 28

Pleadings

Answer 28

Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defense involved in the litigation; the complaint and answer are part of the pleadings.

Question 29

Pretrial Conference

Answer 29

A conference, scheduled before the trial begins, between the judge and the attorneys litigating this suit. The parties may settle the dispute, clarify the issues, schedule discovery, and so on during the conference

Question 30

Pretrial Motion

Answer 30

A written or oral application to a court for a ruling or order, made before trial

Question 31

Rebuttal

Answer 31

The refutation of evidence introduced by an adverse parties attorney

Question 32

Rejoinder

Answer 32

The defendants answer to the plaintiffs rebuttal

Question 33

Relevant Evidence

Answer 33

Evidence tending to make a fact at issue in the case more or less probable then it would be without the evidence. only relevant evidence is admissible in court

Question 34

Rules of Evidence

Answer 34

Rules governing the admissibility of evidence in trial courts

Question 35

Service of Process

Answer 35

The delivery of the complaint and summons to a defendant

Question 36

Summons

Answer 36

A document informing a defendant that a legal action has been commenced against him or her and that the defended must appear in court on a certain date to answer the plaintiffs complaint. The document is delivered by a sheriff or any other person so authorized

Question 37

Verdict

Answer 37

A formal decision made by a jury

Question 38

Voir dire

Answer 38

A French phrase meaning, literally, “to see, to speak.” In jury trials the phrase refers to the process in which the attorney questions prospective jurors to determine whether they are bias or have any connection with a party to the action or with a prospective witness

Question 39

Writ of Execution

Answer 39

The courts order, after a judgment has been entered against the debtors, directing the sheriff to seize (levy) and sell any of the debtors nonexempt real or personal property. The proceeds of the sale are used to pay off the judgment, accrued interest, and cost of the sale; any surplus is paid to the debtor.