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Flashcards in Midterm on Exam Deck (348):
1

If other person have a pecuniary interest in a lawsuit, they may step in and become parties in a process called........................

intervention

2

The.......................is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Statute of Limitation

3

A person giving a deposition es called a ....................

deponent

4

Another name for jury instructions is .....................

jury charge

5

Papers filed with a court to initiate or respond to a lawsuit are called.................

pleadings

6

The initial pleading in state court is called a ...........

petition

7

The initial pleading in federal court is called a.............

complaint

8

A........................is a court order directing the defendant to appear in court and answer

summons

9

A chronology is a

time line

10

Name two dispositive pretrial motions.

1. Motion to dismiss
2. Motion for summary judgment

11

What does "dispositive" mean in that context?

to dispose of the lawsuit

12

When a lawyer speak to and with the jury panel prior to the selection of the jury, this is called?

Voir dire

13

The words that an attorney says to the seated jury at the start of the trial are called?

opening statements

14

The last words that an attorney says to the seated jury are called?

closing arguments

15

What two things may take place in trial immeditely after boths sides rest?

Rebutal and rejoinder

16

Who reads the verdic in Texas state courts?

the clerk

17

JNOV stands for the Latin phrase

Jury non obstante verdicto

18

Explain JNOV

a judgement entered by a judge after a jury has returned a verdict

19

When the judge reduces the amount of damages awarded by a jury, that's called?

remittitur

20

The appealing party is called the .................and the other party is called the....................

Appellant
appellee

21

What three actions may an appellate court take after hearing a case?

affirm
remend
reverse

22

The party who appeals may be required to post an appeal bond called a.......................in Texas

supersedeas bond

23

name five forms of discovery

1. request for admission
2. request for disclosure
3. request for production
4. interrogatories
5. deposition
6. Physical and Mental Exam

24

Written questions submitted to a party during discovery are called?

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