Chapter 4

Question 1

in personam jurisdiction

Answer 1

if either party lives in the authorized area of the court in question, that court could hear the case through this

Question 2

in rem jurisdiction

Answer 2

if property exists, or controversy occurred within authorized area of court

Question 3

quasi in rem jurisdiction

Answer 3

invoked to help a party pay damages. Court that has jurisdiction over the property even though the property was not the original controversy

Question 4

lis pendens

Answer 4

notice that a property may be subject of a lien

Question 5

affirmative defense

Answer 5

found in the Answer; a pleading

Question 6

pleading

Answer 6

states a party’s position in the litigation

Question 7

Discovery documents

Answer 7

Are not usually filed with the court but used as an exhibit later at trial

Question 8

5 tools of discovery

Answer 8

request for: 
admissions
production of documents
mental/physical examination
depositions

Question 9

certificate of mailing

Answer 9

paragraph at the end of many pleadings, motions and discovery docs, states which other parties have been sent copies of the doc

Question 10

motion for summary judgment

Answer 10

there are 3 motions that do basically the same thing: ask the judge to decide the case instead of jury. difference is when they occur

Question 11

motion for summary judgment

Answer 11

ask judge to decide case at pretrial

Question 12

motion for directed verdict

Answer 12

ask judge to decide case at trial

Question 13

motion for judgment NOV

Answer 13

ask judge to decide case post trial

Question 14

what is motion for summary judgment?

Answer 14

asks court to determine that since no material facts are disputed by parties, there is no need for jury; court may apply law without need of a trial

Question 15

stipulation

Answer 15

mean parties do not have to call witnesses or present evidence to agreed facts

Question 16

voir dire

Answer 16

1. jury selection

2. questioning of a potential witness

Question 17

ways to keep a panel member off the jury

Answer 17

Challenge for Cause

Peremptory Challenge

Question 18

Challenge for Cause

Answer 18

valid reason to keep person off the jury; unlimited

Question 19

Peremptory Challenges

Answer 19

keep person off the jury without having a reason; typically 3 or 6

Question 20

burden of proof

Answer 20

burden is on plaintiff in civil trial and prosecutor in criminal trial

Question 21

burden of proof required in civil trial

Answer 21

preponderance of the evidence - less than criminal trial

Question 22

burden of proof needed in criminal trial

Answer 22

beyond a reasonable doubt

Question 23

probative value

Answer 23

if information value of a piece of evidence is outweighed by the prejudicial effect

Question 24

admissible evidence

Answer 24

if obtained illegally, or there is a privilege the jury cannot hear it

Question 25

preserving the record/preserving the right of appeal

Answer 25

objections by attorney are often effort to preserve the record thereby preserving the right to appeal later

Question 26

proximate cause

Answer 26

related term: doctrine of last clear chance person who had last clear opportunity to avoid damages is most liable

Question 27

prima facie case | Pronounced: prime-uh faysh-uh

Answer 27

no gaps; if facts being alleged are proven at trial those facts would contain no gaps in the claim

Question 28

Motion for Judgment N.O.V.

Answer 28

NOV = non obstante verdicto | not withstanding the verdict, or in spite of the verdict.

Question 29

additur and remittitur

Answer 29

court says to one of the parties: i have an offer you can't refuse, but if you do, the other side gets a new trial

Question 30

Notice of Appeal

Answer 30

in every case there is one automatic appeal after that, any subsequent appeal must be granted by the next highest court

Question 31

document that requests the second appeal

Answer 31

writ of certiorari

Question 32

res judicata

Answer 32

a party that has been sued and won at trial may not be sued again over the same legal matter

Question 33

appellant or petitioner

Answer 33

party initiating an appeal

Question 34

appellee or respondent

Answer 34

party responding to an appeal

Question 35

panel of justices (or judges)

Answer 35

portion of appellate-level court that hears a case; usually 3 judges

Question 36

en banc

Answer 36

entire appellate level court sits to hear and decide case; indicating importance

Question 37

opinion

Answer 37

written decision of the court

Question 38

majority opinion

Answer 38

strongest; when more than 50 percent of court agrees on a decision

Question 39

affirm

Answer 39

appellate court agrees with the decision of the trial court

Question 40

reverse

Answer 40

appellate court disagrees with and nullifies the decision of the trial court

Question 41

modify

Answer 41

appellate court alters the decision of the trial court

Question 42

remand

Answer 42

the appellate court sends the case back to the trial court for further deliberation

Question 43

concurring opinion

Answer 43

opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons

Question 44

dissenting opinion

Answer 44

opinion that disagrees with the majority opinion

Question 45

Interlocutory Appeal

Answer 45

appeal during or before the trial. this asks the court to rule on a single procedural issue, usually a ruling regarding admission of evidence

Question 46

impeach

Answer 46

attorney asks questions to discredit that witness earlier given testimony; attorney usually prevented from attempting to impeach his own witness

Question 47

motion in limine

Answer 47

requesting that information which might be prejudicial not be allowed to be heard in a case. the relevance of the information is outweighed by its prejudicial effect

Question 48

nolle prosequi

Answer 48

decision of prosecutor not to prosecute, even though he believes there is sufficient evidence

Question 49

misdemeanor

Answer 49

a crime punishable by a sentence of less than one year

Question 50

felony

Answer 50

crime punishable by sentence of a year or more in prison

Question 51

nolo contendere

Answer 51

means no contest; defendant does not contest charges, but does not admit guilt

Question 52

preliminary hearing

Answer 52

hearing requiring State to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed

Question 53

bound over

Answer 53

submitted to; sent

Question 54

is criminal law viewed as harming the individual?

Answer 54

no, criminal law harms the community

Question 55

can an attorney impeach his own witness if declared hostile?

Answer 55

yes, as an exception to the rule that an attorney many not impeach his own witness

Question 56

the right to refuse to testify, or prevent someone else from testifying

Answer 56

privilege

Question 57

A question of law.

Answer 57

issue | attorney might say "the ISSUE before the court is one of negligence"

Question 58

an appeal made prior to or during a trial asking the higher court to provide a ruling on limited issues

Answer 58

interlocutory appeal

Question 59

a request to end a case without going to trial, or to end a trial in progress

Answer 59

motion to dismiss - prejudice (can't be brought back) - with out prejudice (can be refiled)

Question 60

ex parte

Answer 60

1.hearing in court where only one party is present 2.

Question 61

The official collection of the transcripts, pleadings, and exhibits from the trial

Answer 61

record

Question 62

in personam

Answer 62

jurisdiction over the person

Question 63

The point at which a series of events begins that results in an event with damages occuring

Answer 63

proximate cause

Question 64

When the accused and the prosecutor in a criminal case negotiate a disposition of the case.

Answer 64

plea bargain

Question 65

A reasonable basis to believe that a person has committed a crime

Answer 65

probable cause

Question 66

A person making a representation, or statement, in writing under oath. One who signs an affidavit.

Answer 66

Affiant

Question 67

Legal docs filed with the court stating a position in the legal matter and asking the court to take some sort of action to resolve the matter

Answer 67

pleadings

Question 68

A case or argument which is sufficient on its face

Answer 68

prima facie

Question 69

the official collection of the transcripts, pleadings, and exhibits from the trial

Answer 69

record

Question 70

a written statement where one swears that a party (or witness) has been served with legal docs

Answer 70

affidavit of service

Question 71

Motion during the trial made by a party asking that the judge enter judgment on behalf of his client due to the fact that the other party has failed to establish a prima facie case.

Answer 71

directed verdict

Question 72

A business or person authorized to accept service on behalf of a corporation as though the corporation itself had been served

Answer 72

registered agent

Question 73

A potential for unfairness due to preconceptions, lack of open-mindedness, or prior involvement in a case

Answer 73

bias