Finals II Flashcards

(44 cards)

0
Q

IME of physical injury

A

Physical IME

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

A person qualified to conduct an IME

A

Licensed health care professional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

IME of mental condition

A

Mental IME

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Person with expertise in a relevant area whose advise to counsel is privileged

A

Consultant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Resolves issues of fact at a trial. The jury or if there is no jury the judge.

A

Fact finder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Witness with personal knowledge of the events at issue.

A

Percipient witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Person with expertise in a relevant area who is engaged to testify at trial.

A

Expert witness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

A list of experts that is a response for demand to exchange

A

Expert list

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Declaration in support of information exchanged concerning expert witnesses

A

Expert witness declaration

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Depositions of experts in state court subject to a variety of ca laundering rules

A

Expert depositions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

10 days after the service of summons

A

Discovery allowed to plaintiff. Defendant any time State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

30 days before trial

A

Discovery ends state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Courtroom

A

Department

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

A detailed statement of fact in appellate briefs

A

Statement of facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Legal brief of the law and facts supporting a motion

A

Memorandum of points and authorities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Legal arguments

A

Points

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Citations to the law

A

Authorities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Review of the facts or the law to assure accuracy

A

Cite checking

18
Q

Brief filed by the moving party or appellant addressing arguments made in the opposition brief

19
Q

Indication that argument is complete allowing the court to adjudicate the issue before it.

20
Q

Order of the court recorded by the court clerk

A

Minute order book

21
Q

Penalties assessed by the court usually for frivolous acts in bad faith.

22
Q

Action taken without the presence of the other party

23
Q

Determination of the merits as a matter of law when no facts are in controversy

A

Summary judgment motion

24
Trial without a jury
Bench trial
25
Fact which matters to the outcome and if changed or absent will affect the outcome
Material fact
26
Determination of individual issue or issues on the merits without trial
Summary adjudication
27
Ability of witness to testify to relevant facts of his own knowledge
Compatancy
28
Evidence inadmissable because the witness provides testimony on the truth of a statement he did not make.
Hearsay
29
Exception to hearsay rule based on inherent truthfulness of spontaneous statements
Spontaneity
30
Testimony that tangible evidence is genuine
Authentication
31
Courts ability to accept facts as true which are not subject to dispute.
Judicial notice
32
Documents filed with summary judgment motions requiring each undisputed fact and supporting evidence
Separate statement of undisputed fact
33
Order depending a party present reasons why a court should act
Order to show cause
34
System of progress review by judge at the trial level
Case management system
35
Settlement conference close to trial required by court rules
Mandatory settlement conference MSC
36
Permission of client to settle the case under specific terms and conditions
Settlement authority
37
Resolution of disputes by non judicial third parties
Arbitration
38
Alternative dispute resolution
ADR
39
Settlement conference with a third party
Mediation
40
ADR technique for assessment of case by objective third party
Neutral evaluation
41
A type of voluntary nonjudicial dispute resolution wherein the parties agree to be bound by the outcome
Binding arbitration
42
Arbitration by the consent of the parties
Voluntary arbitration
43
New trial
Trial de novo