Quiz 4 Review - 6/11 Flashcards Preview

LAS101 - Intro to Law > Quiz 4 Review - 6/11 > Flashcards

Flashcards in Quiz 4 Review - 6/11 Deck (22)
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128
Q

Define:

best evidence rule

A

the requirement that the original document or best facsimile must be produced in the court to prove the content of a writing

132
Q

Define:

challenge for cause

A

objection to prospective jurors on some specified ground (close relationship to case)

133
Q

Define:

circumstantial evidence

A

indirect evidence from which the existence of certain facts may be inferred

135
Q

Define:

civil procedure

A

rules of court followed by courts in adjudicating civil cases

136
Q

Define:

class action

A

a lawsuit brought by one or more parties on behalf of themselves and others similarly situated

141
Q

Define:

complaint

A

an initial document filed in court to inform the defendant of the nature and extent of the plaintiff’s claim against the defendant

151
Q

Define:

default judgment

A

a judgment entered by a court due to a defendant’s failure to respond to legal process or to appear in court t o contest the plaintiff’s claim

153
Q

Define:

deposition

A

the recorded sworn testimony of a witness; not given in open court

157
Q

Define:

discovery

A

a process whereby counsel seek to obtain information from parties in a lawsuit through interrogatories and depositions

160
Q

Define:

dying declarations

A

statement made by a person who believes that his or her death is imminent. generally considered an exception to the hearsay rule of evidence.

171
Q

Define:

hearsay evidence

A

statements made by someone other than a witness offered in evidence at a trial or hearing to prove the truth of the matter asserted

179
Q

Define:

interrogatories

A

written questions put to a witness

182
Q

Define:

judicial notice

A

the act of a court recognizing, without proof, the existence of certain facts that are commonly known. Such facts are often brought to the court’s attention through the use of a calendar or almanac.

187
Q

Define:

long-arm statute

A

A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.

192
Q

Define:

motions

A

formal application to courts to obtain an order or grant some relief to the movant

202
Q

Define:

peremptory challenges

A

objection to the selection of a prospective juror in which the attorney making the challenge is not required to state the reason for the objection

203
Q

Define:

personal service

A

service of legal process by delivery to the named person

207
Q

Define:

preponderance of the evidence

A

evidence that has greater weight that countervailing evidence

231
Q

Define:

substituted service

A

any form of service of process other than by personal service, such as service by mail or by publication in a newspaper

233
Q

Define:

summons

A

a court order requiring a person to appeal in court to answer a criminal charge

237
Q

Define:

venue

A

location of a trial or hearing

238
Q

Define:

voir dire

A

“To speak the truth.” The process by which prospective jurors are questioned by the counsel and/or the court before being selected to serve on a jury