Quiz 1

Question 1

What are the two types of cases filed in courts

Answer 1

-Civil
-Criminal

Question 2

What are Civil Cases?

Answer 2

Dispute between citizens, corporations, gov bodies, or other organizations.
Ex: Personal injuries, breach of warranty, contract disputes, adoption, divorce, etc.

Question 3

What are decisions based on in Civil Cases?

Answer 3

Preponderance of evidence: The plaintiff must prove their case and persuade the judge/jury in comparison to the defendant

Question 4

What are Criminal Cases?

Answer 4

brought by government against individuals or corporations accusing them of committing a crime.

The prosecution must prove to the judge/jury that the defendant is guilty beyond a reasonable doubt

Question 5

What is a serious crime called

Answer 5

The more serious crimes are called felonies and are punishable by more than a year’s confinement in a state prison. Ex: arson, assault, larceny, burglary, murder,
and rape.

Question 6

What is a lesser crime called?

Answer 6

misdemeanors and gross misdemeanors. Both are punished by confinement in a city/county jail.

EX of gross misdemeanors are theft of property or services valued at up to $250 and driving while under the influence (DUI)
25of alcohol or drugs.

Among the many types of misdemeanors are disorderly conduct,
prostitution, and possession of less than 40 grams of marijuana

Question 7

How are jury’s selected? and how many ppl are seated

Answer 7

They are randomly selected from voters lists, ppl w/ valid drivers license/ID.

In superior courts 12 ppl are seated

In district 6 ppl are seated

Question 8

What is Selection/voir dire

Answer 8

Questions that are asked of jury candidates to determine biases that could prevent them from hearing the case

Question 9

What is Challenged for cause

Answer 9

If an answer to selevction/voir dire indicates the person isnt qualified they can be challenged for cause. The judge decides whether the person is disqualified

Question 10

What is Peremptory challenges

Answer 10

The attorney may excuse a potential juror w/o reason.

Question 11

The parties to a lawsuit must comply with the _______ _____ of the court in which the lawsuit is filed

Answer 11

Procedural Rules

Question 12

All civil trials held in federal district courts are governed by __________

Answer 12

Federal Rules of Civil Procedure (FRCP)

Question 13

What are the 3 phases of litigation

Answer 13

1. Pretrial
2. Trial
   3.Postrial

Question 14

What are the stages in a typical lawsuit

Answer 14

1. Accident, breach contract, etc
2. party hires a lawyer, who files a COMPLAINT and notifies/serves the defendant
   3.Defendants attorney files an answer or motion to dismiss
3. Pretrial discovery and motions
4. Trial and posttrial motions or an appeal

Question 15

What does pretrial litigation process involve?

Answer 15

filing of the
pleadings, the gathering of evidence (called discovery), and
possibly other procedures, such as a pretrial conference
and jury selection.

Question 16

What are pleadings

Answer 16

Complaint and answer.
Both parties know each others claims

Question 17

What do complaints contain.

Answer 17

1.Jurisdiction:
2. Legal Theory: facts creating plaintiffs claim
3.Remedy: amount of damages plaintiff is seeking

Question 18

What is service of process

Answer 18

Proof defendant has been formally notified of the lawsuit

Question 19

What is a summons

Answer 19

a notice requiring the defendant to appear in court

Question 20

What happens if the defendant does not file an answer

Answer 20

Default Judgement. plaintiff is awarded the damages alleged in the complaint

Question 21

The defendants response to a plaintiffs complaint is called

Answer 21

an Answer

Question 22

What are Affirmative defense’s

Answer 22

Admitting to one thing, but raising new facts that show youre not liable for damages

Question 23

What is a counterclaim

Answer 23

Defendant denys plantiffs claims and sets forth thier own claim. The plaintiff must tsubmit and answer to the counterclaim

Question 24

Motion to dismiss

Answer 24

Either party can ask the court to dismiss the case.

Question 25

What is Motion for judgement

Answer 25

this motion asks the
court to decide the issue solely on the pleadings without proceeding to trial. The judge will grant when both parties agree on facts and the issue is a question aboiut the law.

Question 26

Motion for Summary Judgment

Answer 26

asks the court to grant a judgment in that party’s favor without a
trial. The motion can be made before or during the trial.

Question 27

Motion to strike

Answer 27

A defendant’s motion asking the court to strike (delete or remove) certain paragraphs from the complaint to better clarify the issues in dispute

Question 28

What is a affidavits

Answer 28

sworn statements by parties or witnesses or copies of documents, such as contracts,
e-mails, and letters obtained through the course of discovery

Question 29

What is discovery

Answer 29

The process of obtaining information from the
opposing party or witnesses prior to trial

Question 30

What is deposition

Answer 30

(Unfiltered) Opposing attorney asks you questions, under oath, face-to-face, with a court reporter present.

Can be used to impeach a party/witness credibility.

Question 31

What is Interrogatories?

Answer 31

A set of written questions, prepared by the opposing side, which must be answered under oath, and in writing

Question 32

What is request for admissions

Answer 32

One party can request for an admission of the truth of matters relating to the trial from the other party.

Any fact admitted under such a request is established as a fact for the trial.

Question 33

What are Requests for Examinations

Answer 33

of physical/mental condition of one party is in question, the opposing party can ask the court to order an examination by an independent examiner.

Question 34

What is e-evidence

Answer 34

all computer-generated or electronically recorded information, such as e-mail, voice mail, tweets, blogs, social media posts, spreadsheets, documents, and other data stored electronically

Question 35

What is Metadata

Answer 35

Metadata can be obtained only from the file in its electronic format—not from printed-out versions.

Question 36

What is the The Right to a Jury Trial

Answer 36

The Seventh Amendment to the U.S. Constitution guarantees the right to a jury trial for cases at law in federal courts when the amount in controversy exceeds $20

Question 37

Opening statements

Answer 37

Both attorneys set forth the facts they are going to try to prove during the trial

Question 38

Rules of evidence

Answer 38

• Evidence must be relevant to the issues. ex Proves or disproves a fact in questions
  -Hearsay evidence is not allowed

Question 39

What is Hearsay

Answer 39

is testimony someone gives in court about a statement made by
someone else who was not under oath at the time of the statement

Question 40

Direct Examination allows what type of questions?

Answer 40

Non-leading

Question 41

Cross Examination allows for what types of questions?

Answer 41

Leading Questions.

Goals:
1. Demonstrate faulty memory/biased
2. not trustworthy

Question 42

The pleadings procedure contains what

Answer 42

-paintiffs complaint
-defendants response

Question 43

What are the pre trial motions

Answer 43

-motion to dismiss
-motion for judgement
motion for summary judgement

Question 44

What is motion for a new trial

Answer 44

the judge will grant Motion for New trial if they believe the jury was in error. But is not convienced the losing part shouldve won

Question 45

What is a writ of execution

Answer 45

takes place when the defendant doesnt have enough money to pay the judgement.

Directing the sheriff to seize and sell all of the defendant non-exempt assets, or property

Question 46

What is Motion for Judgement n.o.v

Answer 46

Call for judge to answer against jury’s verdict

Question 47

Whats an appeal

Answer 47

when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court’s decision.