Quiz 5

Question 1

Damages

Answer 1

The amount of money that the plaintiff requests of the defendant in a civil suit

Question 2

Compensatory damages

Answer 2

An award by the jury (or judge) designed to compensate the plaintiff for physical or financial losses

Question 3

General damages

Answer 3

A monetary award by a jury (or judge) that is closely tied to the defendant’s actions but has no preset or easily quantifiable amount

Question 4

Special damages

Answer 4

Damages, such as lost wages or medical bills, that can be calculated with specificity

Question 5

Subrogation

Answer 5

The principle that allows one party to bring suit in the name of another, usually in an insurance setting

Question 6

Mitigation of damages

Answer 6

The doctrine that holds that it is the plaintiff’s responsibility to lessen his potential injuries or losses by taking reasonable actions to seek medical treatment or take other precautions when a
reasonable person in the same situation would have done so

Question 7

Equity

Answer 7

A trial court’s authority to order individuals and
corporations to do (or not do) certain activities because they are unjust

Question 8

Injunction

Answer 8

A court order that demands a certain action or that prohibits a certain action

Question 9

Declaratory judgment

Answer 9

A court order that specifies the duties and obligations of a party

Question 10

Temporary restraining order

Answer 10

A type of injunction issued by the court without benefit of a hearing; it specifically describes actions that a person is barred from carrying out and sets a hearing date so that the parties can address the court.

Question 11

Arbitration

Answer 11

The process of bringing both sides in a civil suit together to negotiate a resolution

Question 12

submission

Answer 12

The agreement to arbitrate a specific matter or issue raised between the parties

Question 13

Mediation

Answer 13

The process of submitting a claim to a neutral third party who then makes a
determination about the ultimate liability and award in a civil case

Question 14

impasse

Answer 14

A declaration by the mediator that the parties are unable to reach an agreement

Question 15

settlement

Answer 15

A negotiated termination of a case prior to a trial or jury verdict

Question 16

Notice of appeal

Answer 16

A request to an appellate court that it assume jurisdiction in the case and docket the case for an appeal

Question 17

Appellant

Answer 17

The person bringing the current appeal from an adverse ruling in the court below

Question 18

Appellee

Answer 18

The person who won in the lower court

Question 19

Record

Answer 19

The entire body of evidence, witness transcripts, pleadings, motions, discovery materials, and any other material admitted during the original trial

Question 20

Affirm

Answer 20

The appellate court’s final decision supports the decision made by the lower court

Question 21

Reverse

Answer 21

The appellate court’s final decision sets aside the decision made by the lower court

Question 22

Remand

Answer 22

The appellate court requires additional information or an evidentiary hearing because it cannot conduct such a hearing itself; the case is temporarily transferred to the trial court for a hearing and then resent to the appellate court.