final

Question 1

The individual, company, or institution that initiates a lawsuit is called?

Answer 1

Plaintiff

Question 2

The individual, company, or institution against whom a lawsuit is brought against is called?

Answer 2

Defendant

Question 3

The heading or title used in all legal pleadings is called?

Answer 3

Caption

Question 4

What is the name of the pleading that initiates a lawsuit?

Answer 4

Petition

Question 5

The document filed by the defendant in a civil action that responses to each of the allegations raised in the plaintiff’s complaint, denies or admits to the factual allegations, and denies or admits to responsibility for the plaintiff’s injury is called a?

Answer 5

Answer

Question 6

The amount of proof that the plaintiff must present in order to substantiate hie or her claims as made in the complaint is called?

Answer 6

Burden of Proof

Question 7

The level of proof required in a civil case: “more likely than not to be true” is?

Answer 7

Preponderance of the evidence

Question 8

A jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages is called?

Answer 8

Liability

Question 9

A law that is voted on by the legislative branch and enacted by the executive branch is a?

Answer 9

Statute

Question 10

The power of the court to decide issues in a case is?

Answer 10

Jurisdiction

Question 11

The power of a court to consider specific types of cases for example bankruptcy court is?

Answer 11

Subject matter jurisdiction

Question 12

A request by a party to a judge is called a?

Answer 12

Motion

Question 13

The attorney’s fee calculated as a percentage of the final award in a civil case normally used in personal injury case is what type of contract?

Answer 13

Contingency fee

Question 14

When a person who is not an attorney gives legal advice or counsel to a client is called

Answer 14

Unauthorized practice of law

Question 15

A government official responsible for maintaining public records is called a?

Answer 15

Clerk

Question 16

A personal, financial, or other injury for which the law gives a person the right to receive compensation is called?

Answer 16

Cause of Action

Question 17

A statute that imposes a time limit on the initiation of a civil action is called?

Answer 17

Statute of limitation

Question 18

A company or individual who charges a fee for locating a witness or potential civil ligation is called?

Answer 18

Skip tracing agency

Question 19

An attorney who is an employee of an attorney partnership is called?

Answer 19

Associate Attorney

Question 20

The organization that licenses and oversees the practice of law and the conduct of attorneys in the state. An attorney must be a member of the ____________ before she/he will be allowed to practice in that state.

Answer 20

State bar

Question 21

When defendant owns a home (“real property”) in the state or conducts substantial business in the state, then the court may be able to have ____________________ over him/her.

Answer 21

Personal jurisdiction

Question 22

A _________________ authorized by the Rules of Civil Procedure that allows a defendant to contest a court’s personal jurisdiction without submitting to it through the challenge.

Answer 22

Special appearance

Question 23

The requirement that a given court have power to hear the specific kind of claim that is brought to that court is called? Example Tax Court, Court of Criminal Appeals.

Answer 23

Subject matter jurisdiction

Question 24

A written statement, made under oath, that details specific facts is called?

Answer 24

Affidavit

Question 25

The transfer of a case from state court to a federal court?

Answer 25

Removal

Question 26

A claim or other allegations not based on fact, but out of a desire to harass, intimidate or waste time is?

Answer 26

Bad faith

Question 27

A judgment entered against a defendant who fails to file an answer to the complaint is called?

Answer 27

Default judgment

Question 28

Accord and satisfaction, duress, fraud, license, statute of frauds, statute of limitations are examples of what type of defenses?

Answer 28

Affirmative defense

Question 29

A motion that challenges the basis of the complaint for failure to state a claim upon which relief can be granted is called?

Answer 29

12(b)(6)

Question 30

A claim by the defendant against the plaintiff where the defendant seeks damages is called?

Answer 30

Counterclaim

Question 31

The insertion of a third party in o a pending action, often to resolve issues directly related to the third party's interest is?

Answer 31

Intervention

Question 32

A lawsuit involving a large group of plaintiffs who have been certified by a court as having mutual interests etc. is called?

Answer 32

Class action

Question 33

A claim by on party against another party on the same side of the action is called?

Answer 33

Crossclaim

Question 34

Any fact, testimony, or physical object that tends to prove or disprove allegations raised in a case is called?

Answer 34

Evidence

Question 35

The characteristic of evidence that makes it tend to prove or disprove some fact or allegation in a case is?

Answer 35

Relevance

Question 36

Eyewitness testimony, video or audiotapes of conversations, written statements etc. are examples of?

Answer 36

Direct evidence

Question 37

Evidence that suggests a conclusion is called?

Answer 37

Circumstantial evidence

Question 38

Proof that evidence is what it claims to be is called?

Answer 38

Authentication

Question 39

The authority of a judge to agree that certain facts are true without the necessity of proof is called?

Answer 39

Judicial notes

Question 40

A certified document from the clerk of the court is an example of a?

Answer 40

Self-authenticating document

Question 41

An agreement between parties as to facts or an agreement between attorneys as to procedural matters is called?

Answer 41

Stipulation

Question 42

Request for Production, Interrogatories, Request for Admissions are examples of?

Answer 42

Discovery

Question 43

Written questions posed by one side of a civil action to the other side are called?

Answer 43

Interrogatories

Question 44

A request for production of documents compels one party to serve documents and evidence on another party, while a _______________ requires a witness to bring items to court and present them to the judge.

Answer 44

Subpoena duces tecum

Question 45

A __________________ is a face-to-face session under oath between the attorneys in the case and a witness.

Answer 45

Deposition

Question 46

A ____________________ is the party's proof that a copy of the motion was served on all parties of record.

Answer 46

Certificate of service

Question 47

A party who moves for a ___________________ alleges that, taking all facts as true, the opposing party is not entitled to any legal relief and dismiss all claims.

Answer 47

Motion for Summary Judgement

Question 48

A motion that resolves some or all issues in pending litigation for example a motion for summary judgement or a Rule 12(b) motion are called.

Answer 48

Dispositive motion

Question 49

What is a motion in limine?

Answer 49

A motion on evidentiary matters

Question 50

A motion requested by the defendant at the conclusion of the plaintiff's case in chief and moves the court to enter a verdict in its favor without resorting to jury deliberation is a?

Answer 50

Motion for directed verdict

Question 51

Let us suppose that at the end of trial, the jury finds for the plaintiff and assess damages against the defendant. In such a situation, the defendant would file a ______________________, alleging any possible improprieties that may have occurred during the trial.

Answer 51

Motion for New Trial

Question 52

What is the worst thing you can tell a witness about testifying?

Answer 52

Guess

Question 53

______________________ are scheduled so that the judge can meet with all parties and discuss the basic framework of the action and settle some of the ground rules for the later trial.

Answer 53

Pretrial conferences

Question 54

Those people that have been selected to sit in a trial and hear and consider the evidence and reach a verdict in a case are called?

Answer 54

Jurors

Question 55

The process where the attorneys speak to the panel of jurors about their potential biases in the case is called?

Answer 55

Voir dire

Question 56

When a juror is stricken because he cannot follow the rules of the court or already has chosen a side.

Answer 56

Challenge for cause

Question 57

A _________________________ allows an attorney to exclude a potential juror from serving on the jury without providing a reason.

Answer 57

Peremptory jury strike

Question 58

The questioning of a witness by the side that called the witness to the stand is called?

Answer 58

Direct examination

Question 59

The questioning of a witness to show bias, prejudice, or lack of knowledge and done by the other side's attorney is called?

Answer 59

Cross examination

Question 60

The oral instructions given by the judge to the jury about how they should deliberate and what law they should follow is called?

Answer 60

Jury Charge

Question 61

______________________ refer to the monetary, property, or personal losses suffered by the plaintiff.

Answer 61

Damages

Question 62

The purpose of ______________________ is to place the plaintiff in the condition she was in prior to the injury.

Answer 62

Compensatory damages

Question 63

__________________refer to a type of compensation awarded in civil lawsuits, such as personal injury cases, to cover losses that are not easily quantified in monetary terms. These include damages for pain and suffering, emotional distress, loss of companionship or consortium, and loss of reputation.

Answer 63

General damages

Question 64

_____________________ refer to a type of compensation awarded in civil lawsuits to cover specific, quantifiable losses that result from an injury or harm. These damages can be precisely calculated and include expenses such as medical bills, therapy costs, lost wages, property damage, and future earning potential.

Answer 64

Special damages

Question 65

When an insurance company brings a _________________ action against the defendant it is entitled to sue in the plaintiff's place for reimbursement for the funds paid out to the plaintiff under the insurance policy.

Answer 65

Subrogation

Question 66

___________________________ is a legal principle that requires an injured party in a civil lawsuit, such as a personal injury case, to take reasonable steps to minimize the harm they have suffered.

Answer 66

Mitigation of damages

Question 67

Courts in the United States have the power both to assess monetary damages and to use their ____________ powers to force individuals to do specific things.

Answer 67

Equity

Question 68

A _______________________________ is a court decision that resolves legal uncertainty by clarifying the rights, duties, or legal status of parties in a dispute.

Answer 68

Declaratory judgment

Question 69

What is arbitration?

Answer 69

The process of bringing both sides in a civil suit together to negotiate a resolution

Question 70

The agreement to arbitrate a specific matter or issue raised between the parties is called?

Answer 70

Submission

Question 71

________________________ is a process where an impartial third party, helps people involved in a dispute come to a mutual agreement or resolution.

Answer 71

Mediation

Question 72

A declaration by the mediator that the parties are unable to reach an agreement is called a?

Answer 72

Impasse

Question 73

_________________________ often involves payment by the defendant to the plaintiff in exchange for the plaintiff dismissing his claim.

Answer 73

Settlement

Question 74

To relinquish a legal right to claim in exchange for the money payment through the settlement is called a

Answer 74

Release

Question 75

Cameron county is assigned to which court of appeals?

Answer 75

13th

Question 76

The Southern District of Texas is assigned to which Court of Appeals?

Answer 76

5th

Question 77

When the losing party is not happy with a verdict his next step is to file a?

Answer 77

Notice of Appeal

Question 78

The party that brings the appeal is called the?

Answer 78

Appellant

Question 79

Once a notice of appear has been filed the next step in the appeal is to request the _____________ to prepare the brief?

Answer 79

Record

Question 80

When the appeals court confirms the lowers court judgment is called?

Answer 80

Affirm