Midterm on Exam Flashcards
(348 cards)
1
Q
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called……………………
A
intervention
2
Q
The…………………..is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
A
Statute of Limitation
3
Q
A person giving a deposition es called a ………………..
A
deponent
4
Q
Another name for jury instructions is …………………
A
jury charge
5
Q
Papers filed with a court to initiate or respond to a lawsuit are called……………..
A
pleadings
6
Q
The initial pleading in state court is called a ………..
A
petition
7
Q
The initial pleading in federal court is called a………….
A
complaint
8
Q
A……………………is a court order directing the defendant to appear in court and answer
A
summons
9
Q
A chronology is a
A
time line
10
Q
Name two dispositive pretrial motions.
A
- Motion to dismiss
2. Motion for summary judgment
11
Q
What does “dispositive” mean in that context?
A
to dispose of the lawsuit
12
Q
When a lawyer speak to and with the jury panel prior to the selection of the jury, this is called?
A
Voir dire
13
Q
The words that an attorney says to the seated jury at the start of the trial are called?
A
opening statements
14
Q
The last words that an attorney says to the seated jury are called?
A
closing arguments
15
Q
What two things may take place in trial immeditely after boths sides rest?
A
Rebutal and rejoinder
16
Q
Who reads the verdic in Texas state courts?
A
the clerk
17
Q
JNOV stands for the Latin phrase
A
Jury non obstante verdicto
18
Q
Explain JNOV
A
a judgement entered by a judge after a jury has returned a verdict
19
Q
When the judge reduces the amount of damages awarded by a jury, that’s called?
A
remittitur
20
Q
The appealing party is called the ……………..and the other party is called the………………..
A
Appellant
appellee
21
Q
What three actions may an appellate court take after hearing a case?
A
affirm
remend
reverse
22
Q
The party who appeals may be required to post an appeal bond called a…………………..in Texas
A
supersedeas bond
23
Q
name five forms of discovery
A
- request for admission
- request for disclosure
- request for production
- interrogatories
- deposition
- Physical and Mental Exam
24
Q
Written questions submitted to a party during discovery are called?
A
interrogatories
25
If an RFA is not answered on time, it is..............and to undo that, you'd file a .............
deemed admitted
| motion to strike deemed admission
26
Pro se means.................
to represent oneself
27
Explain "ex parte"
When one party meat with the judge withoutthe other party been present
28
ESI stands for?
Electronic Saved Information
29
Clouds are?
remote storage systems hosted on the internet
30
A litigation hold is sent when litigation is (two words)
reasonably anticipated
31
What four things are in a litigation hold letter?
1. Name of the parties involved
2. Description of the legal claims
3. Scope of the legal hold
4. Likely sources of relevant ESI
32
How long does a litigation hold last if litigation has not commenced?
until Statute of Limitations expire
33
How long does a litigation hold last if litigation has already commenced?
untill all the appeal process has been exhausted
34
The intentional or negligent withholding, hiding, altering or destroying relevant evidence is called?
spoliation
35
A person who does spoliation is called a?
the trier of fact
36
What is the difference between a litigation hold and a preservation letter?
littigation hold is the letter sent to the opposing party and a preservation letter is for the client
37
The most cited e-discovery case is ..................v...............
Zulake v. U.S.
38
Email address, in the mock trial, of the defendants neighbor?
moremerlt@wino.com
39
Where plaintiff ordered dinner from on 9.20.2010?
Fuzzy Pizza
40
Name of the child whose birthday party was on 9.20.2010?
Kelsey
41
On what Street does the plaintiff live?
Morse st
42
What is the cost of a replacement Access card at the firm?
$500
43
What is the address of the law firm?
2323 S. Shepherd
44
What is the name of the security guard who is a witness?
Nathan Fredicksen
45
In the email from the defendant to her husband, in the mock trial, by what "pet name" does she referes to him?
Baby
46
What is the name of the case that the mocktrial parties were working on just before the damages to the car took place?
Vara v. CBS
47
List three diferences between mediation and arbitration
the arbitrator makes the final decisión, on mediation both parties agree on something.
Arbitration is final, mediation can be taken to court.
48
There are-------------(number) of strictly Family Courts in Harris County
9
49
What are the three requirements for an Informal Mariage in Texas?
To call themselves husband and wife
to cohabitate
to agree they are married
50
Texas has two kinds of marriages: informal and-----------
ceremonial
51
What is the diffrence between annulment and divorce?
Annulmant voids the marriage, divorce ends a valid marriage
52
Mínimum age at which a person can marry in TX without parental consent?
18
53
To get a divorce in Texas, you must live here for how long?
6 months
54
To get a divorce in Texas, for how long must you reside in the county in which you file?
90 days
55
What document is filed to start divorce proceedings?
file for petition
56
The party who files for divorce es called the ------------- and the other party is called the..................
petitioner
| respondent
57
TRO stands for?
Temporary restraining order
58
What is the minimum amount of time between filing and getting the divorce?
90 days
59
Can I get a divorce while I'm pregnant so that I can marry the real dad?
no
60
In what manner does a judge divide community property in a divorce?
Just and right
61
Support paid by one spouce to another during the pendency of a divorce action es called..............
temporary spousal support
62
In Texas, "custody" is called---------------
conservatorship
63
In Texas, "visitation" is called-----------------
possession and access
64
The child support formula for two children is..............of net source
25%
65
After a divorce, parts of the decree related to childen can be changed through a process called--------------
modification
66
At what age can a child decide with which parent he will live?
18 years of age
67
A man who has been found to be a father of a child by court is called an................
ajudicated father
68
SAPCR stands for?
Suit affecting parent child relationship
69
How long do you have to wait to get married after a divorce is granted?
30 days
70
Can you be thrown in jail for not paying child support?
yes
71
Is it legal for me to marry my stepbrother?
yes
72
Can a same sex couple have an Informal Marriage in Texas?
no
73
The ethical rules for attroneys and paralegals in Texas are called................
Texas Diciplinary Rules for Profesional Conduct
74
UPL stands for--------------
Unauthorized practice of law
75
May a paralegal sign a pleading by permission?
no
76
May a paralegal sign a certificate of service?
no
77
What should be in the signature box of the paralegal?
the full name and tittle
78
Is an attorney signature stamp the same as signing by permission?
yes
79
Is it all right for an attorney to give a paralegal a bonus based on the settlement of a big case?
no
80
Is it all right for a paralegal to conduct settlement negotiations with opposing counsel or his/her paralegal?
no
81
Is UPL a civil offense, a criminal offense, neither, or both?
both
82
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called------------------
intervation
83
The.....................is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant
Statutes of Limitation (SoL)
84
A person giving deposition is called a ...............
deponent
85
Another name for jury instruction is------------------------
jury charge
86
Papers filed with the court to initiate or respond to a lawsuit are called------------------------
pleadings
87
The initial pleading in state court is called a.............and in federal courts, it's called a--------------
petition
| complaint
88
Name two dispositive pretial motions:
motion to dismiss and
| motion for summary judgment
89
a litigation hold is sent when litigation is (two words)
reasonably anticipated
90
Which two agencies created the Do Not Call Registry?
Federal Communications Commission
| Federal Trade Commission
91
What law establishes the procedures federal administrative agencies must follow?
Administrative Procedures Act
92
What agency regulates air, water, hazardous waste and pollution?
Environmental Protection Agency
93
What agency is responsable for coordinating certain federal agencies to protect the country against terrorism?
Department of Homeland Se3curity
94
What agency regulated the sale and purchase of stock and bonds?
Security Exchange Commission
95
What federal agency enforces many consumer laws?
Consumer Product Safety Commission
96
What agency regulates trade unions?
National Labor Relations Board
97
What federal agency regulates radio, televisión and cable?
Federal Communications Commission
98
What agency refulates the safety of cosmetics?
Food and Drug Administration
99
An.........................is an order that directs a person to disclose the requested information
Administrative Subpoena
100
The--------------------------------was enacted to open certain federal administrative agency meeting to the public
government in the Sunshine Act
101
What kind of case was a Vara v. CBS case?
an employment contract case
102
Two broad categories of property are?
real property
| personal property
103
Under which category of property are crops?
real property
104
Under which category of property are pets?
personal property
105
Under which category of property are minerals
real property
106
Name 3 ways in which personal property may be acquired?
purchase, inheritance, gift, production, misplace or lost
107
what are the tree elements of a valid gift of personal propertive?
delivey,
acceptance,
donative intent
108
The bundel of legal rights that the owner of land has to posess use or enjoy the property is called?
state in land
109
the highest form of ownership of real property is called
fee simple absolute
110
what are the two forms of future interests in real property?
reversión and
| remainder
111
A form of joint ownership that includes a right to survivorship is called
joint tenancy
112
How many estates recognize community property of a married couple?
9
113
in real property transfer, the selles is called the ...................and the buyer is called the.............
grantor
| grantee
114
What is the name of the law that cover security dposits for aparments
Texas Security Deposit Law
115
At what age is a person considered an adult for purposes of the criminal justice system?
17
116
In the state of Texas, crimes are classified in what two categories?
misdemeanors
| felony
117
The pólice took a client's written statement. The client tells his attorney that he did not waived his right to an attorney. What type of motion should the attorney file to attempt to keep the statement our of evidence?
Motion to supress evidence
118
Name three ways a criminal case may be resolved?
guilty plea
paying a fine
preliminary hearing
119
evidence that is favorable to the defendant is called?
exculpatory evidence
120
Which motion should be filed in every criminal case that is set for trial?
discovery motion
121
What type of hearing is held to determine if a juvenile case should be transferred to a criminal district court?
certification hearing
122
A juvenile commits a first degree felony. What is the mínimum age she must be if the State wants to transfer her case to criminal district court?
14
123
What is the mínimum age for criminal responsibility in the juvenile court?
10
124
What is a directive to apprehend and why is it issued?
is an order given by a judge authorizing the aprenhension of a juvenile
125
A juvenile is in pólice custody. Pólice wants to take his statement. Who must give the juvenile his Miranda Warnings in order for the statement to be admisable
A neutral magistrat
126
What is a no-bill and who issues a no-bill?
when there is not enough evidence to continue with the case and
a grand jury
127
What is the opposite of a no bill?
True Bill
128
What is the most common way to get out of jail after you've been arrested?
bond out
129
What is the difference between a cash bond and going to a bondsman to make a bond?
in cash bond you get your money back
| in bondsman you give 10% at the begining an there is no cash back
130
What is a PR bond?
the person doest have to give money, the person recognices the bond
131
What place of incarceration does Texas have that's sort of between a jail and a prison?
State jail
132
The doctrine that an employee be fired for any reason or no reason at all, as long as no employment discrimination statute is violated is called?
Employment at Will
133
What is the most common exception to that doctrine?
contract
134
The main federal law that deals with employment discrimination is
Title VII of the Civil Right Act of 1964
135
The Texas law that is analogous to the Title VII law is
Texas Commission on Human Rights Act
136
ADA stands for ...................and ADEA stands for
Americans with Disabilities Act
| Age Descrimination Employment Act
137
You must be at least----------------years of age to be covered by the ADEA
40
138
How many employees must you have to be covered by Title VII Law
15 or more
139
To be covered by FMLA, an employee must have worked............ for the employer and there must be...........or more employees
12 months
| 50
140
What is the name of the law that covers people serving on jury
Texas Jury Reemployment Act
141
What is the two Word phrase that defines promissory estoppel
Detrimental Reliance
142
Explain promissory estoppel as it relates to employment law
you relay on your employer
143
How many breaks are required by law in an 8-hour workday?
none
144
How much paid sick leave is an employee required by law to get each year?
none
145
How often does the law require that an employee be alloowed to inspect his/her personnel file?
none
146
May an employer lawfully ask an applicant how she will get to work?
yes
147
May an employer lawfully ask if an applicant has ever been arrested?
no
148
The requirement that you file a complaint with the EEOC before you file a lawsuit is called the?
Administrative Exostion
149
In court in an employment discrimination case, the plaintiff must firts make a..................case
primaface
150
SLNDR stands for
Single Legislation non discriminatoriy reazon
151
If the defendant offers a SLNDR, the plaintiff must show that the SLNDR is a --------------
pretext for descrimination
152
...........................means that you do not have to belong to a union to get employment in Texas
right to work
153
Under which branch of government are most administrative agencies, such as the EEOC?
Executive Branch
154
The definition of disabilities under the ADA is a physical or mental................that.................
impearments
| sustantially limits one or more mayor life activities
155
What are the sections of the ADA called?
Tittles
156
How many sections does the ADA have?
5|
157
Which title of the ADA covers employment?
TittleI
158
Which title of the ADA covers places of public accommodations?
Title III
159
Name three protected clases in terms of employment discrimination
Sex, color, age
160
Name five mayor life activities under the ADA
breath, walk, stand, see, and hear
161
EEOC stands for
Equal Employment Opportunity Commission
162
A person has........................days to file a claim with the EEOC after the adverse employment action.
in Texas 300 days, in the other states 180 days
163
After the EEOC investigates, it issues a
right to sue letter
164
After the right to sue letter you have...........days to file suit in court
90
165
Which president was responsable for the passage of the Civil Rights Act?
Lyndon B. Johnson
166
Secretary of State
John Kerry
167
Scretary of Defense
Chuck Hagel
168
Secretary of Commerce
Penny Pritzker
169
Secretary of Homeland Security
Janet Napolitano
170
Secreatry of Transportation
Anthony Foxx
171
Secretary of Education
Arne Duncan
172
Secretary ofHealth / Human Services
Kathleen Sebelius
173
Secretary of Energy
Ernest Moniz
174
Secretary of Treasury
Jack Lew
175
Secretary of Interior
Sally Jewell
176
Seretary of Veteran's Affairs
Eric K. Shinseki
177
Motions may be made when in the procedings?
any time
178
..........................asks the court to decide that a claim,even if acepted as true, is not one for which the law offers a remedy.
Motion to dismiss
179
It has taken the place of the common law..............in most modern civil practice.
demurrer
180
Unearned attorney fees mast be maintained where ultil earne?
IOLTA
181
A..........................asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, suppos a ruling in favor of the moving party.
A Motion for Summary Judgment
182
A...........................asks the court to decide that certain evidence may or may not be presented to the jury at the trial
Motion in Limine
183
The violation of motion in Limine can result in the court.....................
mistrail
184
A..............asks the court to rule that the party with the burden of proof has not met proven the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested it case, and prior to the defense presenting any evidence
Motion for a Directed Verdict
185
A..........................asks the court to reverse the jury's verdit on the ground that the jury could not reasonably have reached such a verdic, or that the verdict is unsupported by the evidente.
Motio for JNOV
186
Under Rule 50 of the Federal Rules of Civil Procedure, the Motion for a Directed Verdict and Motion for JNOV have been replaced by teh
Motion for Judgment as a Matter ofLaw
187
The...................asks curt to order either the opposing party or a third party to take some action
Motion to Compel
188
A..........................asks the court to postpone or delay a case that has been for trial
Motion for Continuance
189
A................asks the court to extend the deadline by which a document must be filed.
Motion to Extend
190
What kind of fee agreement is generally used by criminal dense attorneys?
Flat fee
191
a...........asks the court to allow a party to withdraw or amend its deemed admisión.
Motion toStrick Deemed Admission
192
What are th two reasons for objeting a trial
1. To prevent evidence from being introduced and heard by the jury
2. To preserve the issue for appellate review.
193
If the question will not solicit testimony that has anything to do with the issues before curt, the proper objection is ............
relevance
194
If a leading question is asked on direct, the proper objecton is ..................
Leading
195
If you ask a witness a question and they respond by saying something other thn the answer o the qestion, the proper objection is...............
non responsive
196
If the other side tries to introduce evidence, especilly tangible evidence without laying the proper predicate, the proper bjection is..........
No foundation
197
If a qustion is asked that is radicated on facts that haven't been introduced into evidence, the proper objection is..........................
Assumed Facts not in evidence
198
If the other lawyer asks long questions that don't even sound like a question, the proper objection may be..............
counsel is testifying
199
If the answer to a question tends to go and on, without another question being asked, the proper objction is..............
Narrative
200
A................ask the court to transfer a case to anoter county in Texas
Motin to transfer Venue
201
What kind of fee ageement is generally used by plaintiff's attorneys?
Contingency
202
POA stands for............
Power of attorney
203
MPOA stands for.......
Medical Power of Attorney
204
HIPAA stands for...............
Healh Insurance Portability and Accesability Act
205
LOA stands for.................
Letter of Assurance
206
LT sands fr
Letters Testamentary
207
COD stands for
Certificate of Death
208
FOIA stands for.....................and is used to request....................records
Federal Open Information Act
| Federal records
209
TORA stands for................and is issued to request records from..................
Texas Open Record Act
| state government records
210
In Texas, the statute that governs business organizations is called..................
Texas Business Organizations Code
211
DBA stands for..........., and you should file an...................with the..........................to creat one
Doing Business As
Assumed name certificate
County Clerk's Office
212
LLP stands for...................... and LLC stands for
Limited Liability Partnership
| Limited Liability Company
213
In an LLP, the owners are called .....................and in an LLC, the owners are calles........................, and in a corporation, owners are called.......................
partners
members
shareholders
214
A Texas corporation is formed by filing...............................with the ........................office
Certification of Formation
| Secretary of State
215
Texas imposes a privilege tax called a.........................., on corporations chartered in the state, or qualified to do business in the state.
Margin tax
216
...........................are a specific set of rules, adopted by the BOD, for managing the business
Bylaws
217
DMCA stands for.............
Digital Millenium Copyright Act
218
For what period of time is a trademark registration valid?
10 years
219
What is the legal significance of putting TM or SM on a mark?
There is no legal significance
220
Where must all patent applications be filed?
United States Patent and Trademark Office
221
GATT stands for..................
General Agreementon Tariff and Trade
222
WTO stands for...............
World Tade Organization
223
For patents, the U.S. follows the "first to........................" rule
invent
224
Where do I register a copyright?
With the U.S. Copyright Office
225
How long is the term of a copyright for an Individual?
The life of the autor plus 70 years
226
How many senators serve in the U.S. Senate?
100
227
How long are their terms?
6 years
228
Name the two U.S. Senators who represent Texas
Ted Cruz
| John Cornyn
229
How many members serve in the U.S. House of Representatives?
435
230
How long is the House of Representatives term?
2 years
231
How long is the term of the president of the United States?
4 years
232
To how many terms is the President limited to?
2 terms
233
In what year is our next President election?
2016
234
Two broad categories of evidence:
testimony underoath
| Documentary evidence
235
What is the source for evidentiary rule in federa courts?
Federal Rules of Evidence
236
To exclude witnesses from the court room, one must.....
Invoke the Rule
237
What happens if a witness violates the Invoke Rule?
the witness is excluded and held in contempt
238
If a judge accepts a report from the national weather center regarding the weather condition on a particular day, s/he is taking............
judicial notice
239
Any evidence that has a tendency to make the existence of any fact that is of consequence to the determinaton of the action more probable or less probable than it would be with the evidence is.........
relevance
240
Reputation is one method of proving-------------
character
241
If I trip on a broken title at the Hilton and break my ankle and then they fix the tile the very next day, can I introduce that fact at trial to show that the missing tile was a real hazard?
no
242
If I negligently injure Wendy, and offer to pay her medical expenses, can she use that offer at trial to show that the injury was my fault?
no
243
If I plead guilty to a crime, and later withdraw my plea of guilty, can the prosecutor tell the jury that I did it?
no
244
name two priviledge "pairings"
husband and wife
| lawyer and client
245
Every witness must..........before testifying in court
swear and affirm
246
If Susan is a member of a weird religious sect, can I use that fact to discredit her testimony in trial?
no
247
The scope of direct examination is limited by............
pleadings
248
Is cross examination in Texas limited to what was discursed on direct?
no
249
Under what circumstances may leading questions be asked in direct?
with hostile witness
250
Answer to interrogatories cannot be used as evidence by the............
party who answers
251
What is another Word for predicate in terms of laying the predicate?
foundation
252
What are the first Words in laying the predicate?
May I aproach the witness?
253
To impeach a witness means to prove that the witness is..........
lying
254
The most common way in which a witness is impeached is by using an................
Inconsistent previous testimony
255
What is the definition of hearsay?
is a statement made out of court, presented in court to prove the truth of the matter assert.
256
Name two hearsay exceptions
family records
| records of religious orgaizations
257
Name one kind of statement that is listed in the Rules as not being hearsay
Prior statement by a witness
depositions
admission by party opponent
258
In Texas the statute that governs business organiztions is called?
Texas Business organization Code
259
The simplies form of business organization is
Solo Proprietorship
260
DBA stands for................and you file an..............with the ......................to creat one
Doing Business As
assumed name
County Clerk's Office
261
You must have at least..................partners to form general partnership
2
262
LLP stands for.....................and LLC stands for..................
Limited Liability Partnership
| Limited Liability Company
263
In an LLP, the owners are called................and in an LLC the owners are called................
Partners
| Members
264
The owners of a corporation are called?
shareholders
265
The state in which a corporation is formed is called the................jurisdiction
domestic
266
A Texas corporation is formed by filing a..............with the....................office
Certificatye of formation
| Secretary of State
267
Texas imposes a privilege tax called a.......on corporations chartered in the state, or qualified to do business in the state
margin tax
268
..................are a specific set of rules, adopted ba the BOD, for managing the business
Bylaws
269
A corporation whose stock is traded on the stock exchang is called a ..................corporation
publc
270
Ownership in a corporation is evidenced by ..................
stock certificates
271
A corporation that was created in another states is called a .................corporation
foreign
272
DMCA stands for......................
Digital Millenium Copyright Act
273
For what period of time is a trademark registration valid?
10 years
274
What is the legal significance of puting TM or SM on a mark?
no legal significance
275
A..................is used to verify that goods and services are of a certain quality or originaste from specific geographical area
Certification mark
276
A.................is use by cooperatives, associations, and fraternal organizations
Collective mark
277
Where must all patent applications be filed?
United States Patent and Trademark Office
278
GATT sands for.........
General Agreement on Tariffs and Trade
279
WTO stands for...........
World Trade Organization
280
For patents, the U.S. follows the "first to...........rule"
invent
281
Where do I register a copyright?
With the Unite States Copyright Office
282
How long is the terms of a copyright for an individual?
The life of the individual plus 70 years
283
Law developed by judges through opinions issued when deciding cases is called....................., as opposed to written laws enacted by state or federal legislative branches, which are called.................
case law
| statutes
284
a compact between two or more nations that is ratified by the Senate is a ........, and if it is not ratified by the Senate, it is called an..............
treaty
| executive agreement
285
Latin for "stand by the decisión" is .......... It means the reluctance of the court to ignore...................
stare decisis
| precedence
286
What does the Establishment Clause do?
Prohibits the government from prefering one religión over the other
287
What five rights does the First Amendment provide?
Freedom of speach, religión, press, assambly ando petition
288
The highest civil court in Texas is called the .................and the highest criminal court in Texas is called the....................
Texas Supreme Court
| Texas Court of Criminal Appeal
289
Federal courts of appeal are divided into regions, known as.....................; Texas is in the ...............region
Circuits
| 5
290
Federal trial courts are called (4 words)
U.S. District Court
291
The doctrine that an employee may be fired for any reason or no reason at all, as long as no employment discrimination statute is violated, is called......................
employment at will
292
What is the most common exception of the employment at will doctrine?
contract
293
The main federal law that deal with employment discrimination is (full name)..................and the Texas law that is analogous to that law is called?
Title VII of the Civil Rights Act of 1964
| Texas Commission on Human Rights Act
294
What U.S. President is responsable for the passage of the Title VII law?
Lynden B. Johnson
295
ADA stands for..................and ADEA stands for
American with Disabilities Act
| Age Discrimination Employment Act
296
You must be at least...............years of age to be covered by the ADEA
40
297
How many employees must you have to be covered by the the ADA and the ADEA?
15 or more
298
To be covered by FMLA, an employee must have worked .......................for the employer and there must be.................or more employees
12 months
| 50
299
Another name for detrimental reliance is................
promisory estoppel
300
How many brakes are required by law in an 8-hour workday?
none
301
How much paid sick leave must an employee get each year?
none
302
The requirement that you file a complaint with the EEOC before you file a lawsuit is called.........................
administrative exhaustion
303
What is the máximum amount of time between an adverse employment action and filing a complaint with the EEOC in Texas?
300 days
304
The violation of a Motion in Limine can result in the court
Mistrial
305
A........................asks the court to rule that the party with the burden of proof has not met proving the case, and there is no need for the defense to attempt to present evidence. This motion is made after the plaintiff has rested its case and prior to the defense presentig any evidence.
Motion for Direct Verdict
306
a..................asks the court to reverse the jury's verdict on the grounds that the jury could not resonably have reached such a verdict, or that the verdict is unsupported by the evidence.
Motion for JNOV
307
Under Rule 50 of the Federal Rules of Civil Procedures the Motion for JNVO and Motion for Direct Verdic have been replaced by the...............which can be made at the close of the opposing party's evidence and "renewed" after return of the verdict.
Motion for Judgment as a Matter of Law
308
The.....................asks court to order either the opposing party or a third party to take some action
Motion to Contempt
309
a..................asks the court to postpone or delay a case thas has been set for trial
Motion for Continuance
310
A...........asks the court to extend the deadline by which a document must be filed
Motion to Extend
311
What kind of fee agreement is generally used by criminal defense attorney?
Flat fee
312
A.......................asks the court to allow a party to withdraw or amend its deemed admission
Motion fo Strike Deamed Admission
313
What are the two reasons for objecting a trial?
1. To prevent evidence been introduced and Heard by the jury
| 2. to preserve the issue for appellate review
314
If the question will not solicit testimony that has anything to do with the issues before the court, the proper objection is...............
Relevance
315
If a leading question is asked on direct, the proper objection is
leading
316
If you ask a witness a question and they respond by saying something other than the answer to the question, the proper objection is
non-responsive
317
If the other side tries to introduce evidence, especially tangible evidence without laying the proper predicate, the proper objection is.............
no foundation
318
If a question is asked that is predicated on facts that have not yet been introduced into evidence, the proper objection is
assumed fats is not in evidence
319
If the other lawyer asks long question that dont even sound like question, the proper objection may be
counsel is testifying
320
If the answer to a question just tends to go on and on and on, without another question being asked, the proper objection is
Narrative
321
A....................asks the court to transfer a case to another county in Texas
Motion to Transfer Venued
322
What kind of fee agreement is generally used by plaintiff's attorneys?
contingent fee
323
Two broad categories of evidence are?
Testimony under oath and documentary evidence
324
To exclude witnesses from the courtroom, one side must
invoke the rule
325
If a judge accespts a report from the national weathter center regarding the weather conditions on a particular day, s/he is taking
justice notice
326
Reputation is one method of proving
character
327
The scope of direct examination is limited by
pleadings
328
Is cross examination in Texas limited to what was discussed on direct?
no
329
Under what circumstances may leading questions be asked on direct?
under a hostile witness
330
Answers to interrogatories cannot be used as evidence by the
party who answered them
331
What is another Word for predicate in terms of laying the predicate?
foundation
332
What are the first words said in laying the predicate?
May I aproach the witness?
333
To impeach a witness mean to prove that the witness is
lying
334
The most common way in which a witness is impeached is by using a
previous inconsisten statement
335
What is the definition of hearsay?
It is a statement made out of court, presented in court to prove the truth of the matter asserted.
336
Name two hearsay exceptions
familia records and
| government records and documents
337
If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called
intervention
338
A person giving a deposition is called a
deponent
339
The initial pleading in state court is called a .................and the initial pleading in federal court is called a .....................
petition
| complaint
340
When lawyers speak to and with the jury panel prior to the selection of the jury, this is called........
voir dire
341
The words that an attorney says to the seated jury at the start of the trial are called?
opening statement
342
the last Word that an attorney says to the seated jury are called?
closing statement
343
what two things may take place in trial immediately after both sides rest?
reverse and rejoinder
344
Who reads the verdict in Texas state courts?
a clerk
345
JNOV stands for
Jury non obstante verdicto
346
When the judge reduces the amount of damages awarded by the jury, that is called?
remittitur
347
The appealing party is called the ....................and the other party is called the..............
appellant
| appellee
348
If an RFA is not answered on time, is is.....................and to undo that, you'd file a ....................
deamed admitted
| Motion to Strike deamed Admission
