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
Q
- Pro se means _________________________________________.
A
To represent oneself
26
Q
- Ex parte means _______________________________________.
A
From one party
27
Q
- The word “damages” refers to _____________________ in a lawsuit.
A
monetary award
28
Q
- ____________________________ damages cover things like medical bills, pain and suffering, loss of enjoyment, and lost wages.
A
actual
29
Q
- Res Ipsa Loquitor means ________________________________________.
A
It speaks for itself
30
Q
- The four elements of a negligence tort are: _____________________________________
A
tortfeasor owed duty, breached duty, plaintiff injured, injury resulted from breach
31
Q
- In the email from the defendant to her husband, in the mock trial, by what “pet name” does she refer to him? _______________________________
A
baby
32
Q
- What is the name of the case that the mock trial parties were working on just before the vandalism took place? _______________________________
A
Vara v. CBS
33
Q
- What kind of premium package was on the Prius that is the subject of the mock trial? ______________________________
A
Advanced Technology Package
