Chapter 3: Court Procedures

Question 1

Federal Rules of Civil Procedure

Answer 1

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

Question 2

Discovery

Answer 2

The gathering of evidence

Question 3

The Pleadings

Answer 3

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

Question 4

Complaint

Answer 4

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

Question 5

Service of Process

Answer 5

The delivery of the complaint and summons to a defendant.

Question 6

Summons

Answer 6

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

Question 7

Default Judgment

Answer 7

A judgment entered by a court against a defendant who has failed to appear in court to answer or defend against the plaintiff’s claim.

Question 8

Answer

Answer 8

Procedurally, a defendant’s response to the plaintiff’s complaint.

Question 9

Affirmative Defense

Answer 9

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. An example is the running of the statute of limitations.

Question 10

Counterclaim

Answer 10

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

Question 11

Motion

Answer 11

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

Question 12

Pretrial Motions

Answer 12

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

Question 13

Motion to Dismiss

Answer 13

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

Question 14

Motion for judgment on the Pleadings

Answer 14

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 15

Motion for Summary Judgment

Answer 15

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 16

Affidavits

Answer 16

A written or printed voluntary 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 17

Discovery

Answer 17

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 18

Deposition

Answer 18

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

Question 19

impeach

Answer 19

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

Question 20

interrogatories

Answer 20

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 21

e-evidence

Answer 21

A type of evidence that consists of computer generated or electronically recorded information, including e-mail, voice mail, spreadsheets, word-processing documents, and other data.

Question 22

metadata

Answer 22

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 23

Pretrial conference

Answer 23

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

Question 24

Voir Der

Answer 24

(pronounced vwahr deehr) A French phrase meaning, literally, “to see, to speak.” In jury trials, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Question 25

Opening Statements

Answer 25

(pronounced vwahr deehr) A French phrase meaning, literally, “to see, to speak.” In jury trials, the phrase refers to the process in which the attorneys question prospective jurors to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Question 26

Rules of Evidence

Answer 26

Rules governing the admissibility of evidence in trial courts.

Question 27

Relevant Evidence

Answer 27

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

Question 28

Hearsay

Answer 28

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 29

Direct Examination

Answer 29

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

Question 30

Cross Examination

Answer 30

The questioning of an opposing witness during a trial.

Question 31

Motion for a judgment as a matter of law

Answer 31

In a federal court, a party’s request that the 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 state courts refer to this request as a motion for a directed verdict.

Question 32

Rebutal

Answer 32

The refutation of evidence introduced by an adverse party’s attorney.

Question 33

Rejoinder

Answer 33

The defendant’s answer to the plaintiff’s rebuttal.

Question 34

Closing Argument

Answer 34

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

Question 35

Verdict

Answer 35

A formal decision made by a jury.

Question 36

Motion for a new Trial

Answer 36

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

Question 37

Motion for Judgement n.o.v.

Answer 37

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 38

Brief

Answer 38

A formal legal document submitted by the attorney for the appellant—or the appellee (in answer to the appellant’s brief)—to an appellate court when a case is appealed. The appellant’s brief outlines the facts and issues of the case, the judge’s rulings or jury’s findings that should be reversed or modified, the applicable law, and the arguments on the client’s behalf.

Question 39

Writ of Execution

Answer 39

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