Test 9 Flashcards
1
Q
- If other persons have a pecuniary interest in a lawsuit, they may step in and become parties in a process called _____________________________________.
A
intervention
2
Q
- The _____________________________________ is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
A
statute of limitations
3
Q
- A person giving a deposition is called a _____________________________.
A
deponent
4
Q
- Another name for jury instructions is _______________________________.
A
jury charge
5
Q
- Papers filed with the court to initiate or respond to a lawsuit are called _____________________________________.
A
pleadings
6
Q
- The initial pleading in state court is called a __________________________.
A
petition
7
Q
- The initial pleading in federal court is called a __________________________.
A
complaint
8
Q
- A _________________________ is a court order directing the defendant to appear in court and answer.
A
summons
9
Q
- A chronology is a ______________________________.
A
time line
10
Q
- Name two dispositive pretrial motions: _________________and ______________________________
A
motion to dismiss motion for summary judgment
11
Q
- What does “dispositive” mean in that context? ______________________________
A
to dispose of all or part of a case
12
Q
- When lawyers speak to and with the jury panel prior to the selection of the jury, this is called ________________________________________________.
A
voir dire
13
Q
- The words that an attorney says to the seated jury at the start of the trial are called _____________________________________________________.
A
opening statements
14
Q
- The last words that an attorney says to the seated jury are called _____________________________________________________.
A
closing arguments
15
Q
- What two things may take place in trial immediately after both sides rest? ___________________________________________________________
A
rebuttal rejoinder
16
Q
- Who reads the verdict in Texas state courts? _______________________________
A
court clerk
17
Q
- JNOV stands for the Latin phrase _______________________________________ ______________________________________.
A
judgment non obstante verdicto
18
Q
- Explain JNOV. _______________________________________________________ ___________________________________________________
A
Judgment not withstanding the verdict. Judge overrules the jury verdict
19
Q
- When the judge reduces the amount of damages awarded by a jury, that’s called ______________________________.
A
remmititur
20
Q
- The appealing party is called the ___________________________ and the other party is called the ______________________.
A
appellant appellee
21
Q
- What 3 actions may an appellate court take after hearing a case? _____________________, ___________________________, ______________________
A
affirm remand reverse
22
Q
- Name five forms of discovery: _____________________, _______________ ____________________, _______________________, _______________.
A
Deposition, Interrogatories, Physical or Mental exam, Request for Disclosure, Request for Admissions, Request for Production
23
Q
- Written questions submitted to a party during discovery are called ____________________________________________.
A
Interrogatories
24
Q
- If an RFA is not answered on time, it is ___________________________ and to undo that, you’d file a ________________________________________.
A
deemed admitted, motion to strike deemed admissions
25
25. Pro se means _________________________________________.
To represent oneself
26
26. Ex parte means _______________________________________.
From one party
27
27. The word “damages” refers to _____________________ in a lawsuit.
monetary award
28
28. ____________________________ damages cover things like medical bills, pain and suffering, loss of enjoyment, and lost wages.
actual
29
29. Res Ipsa Loquitor means ________________________________________.
It speaks for itself
30
30. The four elements of a negligence tort are: _____________________________________
tortfeasor owed duty, breached duty, plaintiff injured, injury resulted from breach
31
31. In the email from the defendant to her husband, in the mock trial, by what “pet name” does she refer to him? _______________________________
baby
32
32. What is the name of the case that the mock trial parties were working on just before the vandalism took place? _______________________________
Vara v. CBS
33
33. What kind of premium package was on the Prius that is the subject of the mock trial? ______________________________
Advanced Technology Package
