Quiz #4: Chapter 7

Question 1

What are the types of pleadings?

Answer 1

• summons and complaint
• demurrer
• answer
• counterclaim
• bill of particulars

Question 2

Discovery

Answer 2

Process of investigating facts of a case before trail. Rules established to prevent trial by ambush.

Question 3

Attorney client privelege

Answer 3

Confidential communications made by a client and his or her attorney.

Question 4

What are the 3 elements needed to establish attorney-client privelege?

Answer 4

• both parties must agree that the attorney-client relationship does or will exist.
• the client must seek advice from the attorney in his or her capacity as a legal advisor.
• communication between the attorney and client must be identified to be confidential.

Question 5

Deposition

Answer 5

Used at trial ot in preparation for trial. Consists of oral examination followed by cross-examination by opposing side and interragotories.

Question 6

What is the process for witness preparation?

Answer 6

• review the record
• do not be antagonistic or sarcastic
• answer only the questions asked
• slow down
• clarify questions

Question 7

Pre-trial motions

Answer 7

Motion to dismiss a case and for summary judgement.

Question 8

Pretrial conference

Answer 8

May be ordered at the judges initiative or parties to a lawsuit. Eliminate matters not in dispute. Parties agree on the issues and settle procedural matters prior to trial.

Question 9

Notice of trial

Answer 9

One a decision to go forward is reached, the case is placed on the court’s calendar.

Question 10

The court

Answer 10

• handles conduct of trial
• decides questions of law
• determines issues of procedure
• decides if evidence is admissible
• changes the jury

Question 11

The jury

Answer 11

• selected from jury list
• determines issues of fact
• determines damages, if any

Question 12

Subpoenas

Answer 12

A legal order requiring the appearance of a person and/or the presentation of documents to a court administrative body.

Question 13

Burden of proof

Answer 13

The obligation of the plaintiff to persuade the jury regarding the truth of his or her case. A preponderance of the credible evidence must be presented for a plaintiff to recover damages.

Question 14

Res ipsa loquitur

Answer 14

Legal doctrine that shifts the burden of proof from the plaintiff to the defense in a negligence case.

Question 15

What are the 3 elements necessary for the res ipsa loquitur?

Answer 15

• the event would not normally have occurred in the absence of negligence.
• the defendant must have had exclusive control over the instrumentality that caused the injury.
• the plaintiff must not have contributed to the injury.

Question 16

Who does the Opening statements?

Answer 16

Plaintiff’s and defendant’s attorney

Question 17

What are the types of examinations of witnesses?

Answer 17

• direct

* cross

Question 18

Types of evidences

Answer 18

• direct or circumstantial
• statutory violation
• policy and procedure violation
• demonstrative evidence
• documentary evidence
• judicial notice rule
• hearsay evidence
• expert testimony

Question 19

Defenses

Answer 19

• assumption of risk
• contributory negligence
• comparative negligence
• Good Samaritan statutes
• borrowed servant doctrine
• statute of limitations
• sovereign immunity
• intervening cause

Question 20

End of trial

Answer 20

• closing statements
• judge’s charge to jury
• jury deliberation and decision
• awarding damages

Question 21

Forms of damages

Answer 21

• nominal
• compensatory
• hedonic
• punitive

Question 22

Nominal

Answer 22

awarded as a mere token in recognition that wrong has been committed when the actual amount of compensation is insignificant.

Question 23

Compensatory

Answer 23

estimated reparation in money for detriment or injury sustained.

Question 24

Hedonic

Answer 24

damages awarded to compensate an individual for the loss of enjoyment of life.

Question 25

Punitive

Answer 25

additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others.

Question 26

joint and several liability

Answer 26

Plaintiff may bring suit against all persons who share responsibility for the plaintiff's injury and may recover monetary damages from any one or all the defendants.

Question 27

several liability

Answer 27

Each party to a lawsuit is liable only to the degree he or she has been determined to have contributed to the injury.

Question 28

grounds for appeals

Answer 28

* verdict excessive * evidence rejected should have been accepted * inadmissible evidence permitted

Question 29

execution of judgement

Answer 29

Follows after all appeals have been exhausted. A court order can be executed to satisfy plaintiff's judgement.

Question 30

complaint

Answer 30

the first pleading filed by a plaintiff that initiates a lawsuit. it identifies the parties to a suit, states a cause of action, and includes a demand for damages.

Question 31

demurrer

Answer 31

a pleading filed by a defendant challenging the legal sufficiency of a complaint. can be filed by one of the parties to a lawsuit claiming that the evidence presented by the other party is insufficient to sustain an issue or case.

Question 32

answer

Answer 32

a pleading that admits or denies the specific allegations set forth in a complaint and constitutes a general appearance by a defendant. requires the defendant to respond to each of the allegations contained in the complaint by stating his or her defenses and by admitting to or denying each of the plaintiff's allegations.

Question 33

counterclaim

Answer 33

generally filed with the answer denying the plaintiff's claims by alleging that it was the plaintiff and not the defendant who committed a wrongful act and, therefore, it is the defendant who is entitled to damages.

Question 34

bill of particulars

Answer 34

specific and detailed information than is provided in the complaint.

Question 35

direct evidence

Answer 35

proof offered through direct testimony.

Question 36

statutory violation

Answer 36

can constitute direct evidence of negligence, or it simply can voice a duty that is owed to a particular class of persons who are protected by the statute or regulation.

Question 37

policy and procedure violation

Answer 37

if it causes injury to one whom the policy or procedure is designed to protect, such violation can give rise to evidence for negligent conduct.

Question 38

demonstrative evidence

Answer 38

proof furnished by things themselves. It is considered to be the most trustworthy and preferred type of evidence.

Question 39

documentary evidence

Answer 39

written information that is capable of making a truthful statement.

Question 40

judicial notice rule

Answer 40

prescribes that well-known facts need not be proven, but rather are recognized by the court as fact.

Question 41

hearsay evidence

Answer 41

based on what another has said or done and is not the result of the personal knowledge of the witness.

Question 42

expert testimony

Answer 42

it is the jury's function to receive testimony presented by witnesses and draw conclusions in the determination of facts.

Question 43

assumption of risks

Answer 43

knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur.

Question 44

contributory negligence

Answer 44

occurs when a person does not exercise reasonable care for his or her own safety.

Question 45

comparative negligence

Answer 45

provides that the degree of negligence or carelessness of each party to a lawsuit must be established by the finder of fact and that each party then is responsible for his or her proportional share of any damages awarded.

Question 46

good Samaritan statutes

Answer 46

encourages healthcare professionals to render assistance at the scene of emergencies.

Question 47

borrowed servant doctrine

Answer 47

a special application of the doctrine of respondeat superior and applies when an employer lends an employee to another for a particular employment.

Question 48

statute of limitations

Answer 48

refers to legislatively imposed time constraints that restrict the period of time after the occurrence of an injury during which a legal action must be commenced.

Question 49

sovereign immunity

Answer 49

the common law doctrine by which federal and state governments historically have been immune from liability for harm suffered from the tortious conduct of employees.

Question 50

intervening cause

Answer 50

arises when the act of a third party, independent of the defendant's original negligent conduct, is the proximate cause of injury.