Chapter - 3, Court Procedures

Question 0

Affirmative Defense

Answer 0

Admitting the truth of the complaint but raise new facts to show that he/she should not be held liable for damages.

Question 1

Affidavit

Answer 1

Sworn statements by parties or witnesses

Question 2

Answer

Answer 2

The defendants response to the complaint takes the form of an “answer”

Question 3

Brief

Answer 3

Is a formal legal document outlining the facts and issues of the case, the judges ruling or jury’s findings that should be reversed or modified, the applicable law, and arguments on the party’s behalf

Question 4

Closing argument

Answer 4

Each attorney summarizes the facts and evidence presented during the trail and indicates why the facts and evidence support his or hers clients claim.

Question 5

Complaint

Answer 5

Commences when her lawyer filed a complaint with the clerk of the appropriate court.

The complaint contains a statement alleging:

(1) the facts showing that the court has jurisdiction
(2) the facts showing that the court has jurisdiction
(3) the remedy the plaintiff is seeking

Question 6

Counterclaim

Answer 6

Deny allegations and set forth your own claim

Question 7

Cross examination

Answer 7

Attorney has another opportunity to question the witness in redirect examination

Question 8

Default judgment

Answer 8

Must file an answer to the complaint within a specific time or suffer a default judgment against them

Question 9

Deposition

Answer 9

A deposition is sworn testimony by a party to the lawsuit or by the witness recorded by the authorized court official

Question 10

Direct examination

Answer 10

Examining the witness directly

Question 11

Discovery

Answer 11

The process of obtaining information from the opposing party or four witnesses prior to trial is known as discovery.

Discovery includes getting access too witnesses, documents, records, and other types of evidence