Chapter 4

Match the legal terms associated with the enforcement of decrees and judgments (in the left column) with their descriptions (in the right column). Execution Garnishment

It involves seizing some property of the debtor, selling the property at public auction, and applying the proceeds to the creditor's claim. It involves having a portion of the debtor's wages paid to the court, which in turn pays the creditor.

In the context of deciding a case, match the legal terms (in the left column) with their descriptions (in the right column). A verdict A judgement

It is announced in the courtroom when the jury's deliberations are completed. It is entered in favor of a party if the judge agrees with the jury's verdict.

True or false: According to the statute of limitations, every state has a specific time limit after which a lawsuit cannot be filed.

True

True or false: In the context of a motion for a directed verdict, the court can only direct a verdict for one party if the evidence, taken in the light most favorable to the other party, establishes as a matter of law that the party making the motion is entitled to a verdict.

True

True or false: Judges provide a very broad or liberal interpretation of the degree of discoverable

True

True or false: The reviewing court is often given the benefit of oral argument in deciding the case in addition to the brief.

True

In the context of the pretrial procedures in a lawsuit, match the methods of discovery (in the left column) with their descriptions (in the right column). Interrogatories Depositions

A series of written questions are presented to the opposing parties in the suit, which must be answered by the party receiving them. A lawyer orally asks questions of the possible witness and an oral response is given in the presence of a court reporter, which is recorded by the court reporter.

When can a motion for a directed verdict be made by the defendant in a lawsuit?

After the plaintiff has presented his or her evidence

True or false: An opening statement made during a trial is considered a vital piece of evidence.

False

True or false: In the context of res judicata, a matter once litigated and legally determined can be disputed between the parties in all subsequent proceedings.

False

True or false: The burden of proof has to be described as beyond a reasonable doubt in civil as well as criminal cases.

False

What is a class-action suit?

One or more plaintiffs file suit on their own behalf and on the behalf of all other perso who may have a similar claim.

In the context of the litigation process, which of the following must a plaintiff allege in order to establish that he or she has standing to sue?

That he or she has a personal stake in the resolution of the case

What does it mean for a lawsuit to be frivolous?

The lawsuit is lacking in merit

Match the parties involved in the litigation process (in the left column) with their descriptions (in the right colum) The plaintiff The defendant

The party who files a civil action The party who is sued

Which of the following is necessary for a plaintiff to maintain a lawsuit?

The plaintiff must have a legally cognizable claim.

The party with the burden of proof is subject to the following standards:

The preponderance of evidence standard The clear and convincing proof standard

Identify the accurate statements about standing to sue. (Check all that apply.)

The presence of standing is determined by the nature and source of a plaintiff's allegations. Standing is determined at the outset of the litigation.

Which is typically the least expensive method of discovery?

To present a series of written questions, called interrogatories, to the opposing party.

The issues to be resolved in the litigation process are brought into sharper focus through the contents of pleadings

True

What is not contained in a brief?

a lengthy list of the laws surrounding a case

The motion of a judgment notwithstanding the verdict is filed with the judge hearing a case if

a party is dissatisfied with the jury's verdict

In a motion for summary judgment, evidences on which a plaintiff asks a judge to base his or her decision are usually presented in the form of sworn statements called

affidavits

A defendant's response to a complaint filed against him or her by a plaintiff is known as a(n)

answer

When the result at the trial court level is appealed, the party appealing is usually referred to as the

appellant

In the context of an appeal, the term _____ refers to the party who is appealing a trial court judge's legal rulings and the term _____ refers to the successful party in the trial court.

appellant; appellee

A _____ contains a short description of the case, a factual summary, legal points and authorities and arguments for reversing or affirming the lower court decision.

brief

In a lawsuit, the plaintiff begins by filing a pleading, called a

complaint

In the context of burden of proof, the party with the burden of persuasion must

convince the trier of fact on the issue involved

The statements that contain causes of action a defendant has against a plaintiff in response to a complaint filed against the former are called

counterclaims

In the context of burden of proof, the prosecution in a criminal case has the burden of convincing the trier of fact that the:

defendant is guilty of the crime charged

Personal jurisdiction is obtained under long-arm statutes when the requirement for an out-of-state defendant to appear and defend

does not violate due process of law

Personal jurisdiction is obtained under long-arm statutes when the requirement for an out-of-state defendant to appear and defend _____

does not violate due process of law

The voir dire examination conducted during the trial phase of litigation allows the court and often the attorneys of each party to

examine each potential juror as to his or her qualifications

Jake stabs and fatally injures Chris, his neighbor, in Austin, Texas. To avoid being arrested, he takes refuge in Philadelphia. However, the state police of Pennsylvania arrest and imprison him after they are notified by the state police of Texas. The governor of Texas appeals to the governor of Pennsylvania to send Jake back to Texas so that he can be tried for his crime. In this scenario, the process of sending Jake back to Texas is known as _____.

extradition

The process of requesting and transporting the prisoner from one state to another is called

extradition

The _____ method of enforcement involves having a portion of the debtor's wages paid to the court, which in turn pays the creditor.

garnishment

A(n) _____ in the _____ case based solely on the complaint and the answer.

judgement pleading

The judge acquaints the jury with the law applicable to a case following the closing arguments in a trial. These are called

jury instructions

Third-party defendants are:

liable to a defendant if the defendant has liability to the plaintiff

A summons that provides for the service of process beyond a state's boundaries is referred to as a(n) _____-_____ _____.

long-arm statue

The parties in a lawsuit can seek a pretrial determination of their rights by filing a(n) _____ with the court when a question of law is at issue.

motion

The party who is dissatisfied with the jury's verdict may file a postrial motion with the state court judge seeking a judgment _____ the verdict.

notwithstanding

A certain number of challenges given to the plaintiff and defendant in a trial, for which no reason or cause need be given to excuse a prospective juror, are known as

peremptory challenges

A defendant may waive or forego any objection to a court's exercise of:

personal jurisdiction

The authority that a court has over the parties to a case is called _____ _____.

personal jurisdiction

The party who files a civil action is called the:

plaintiff

An aspect of res judicata is that it

prevents successive suits involving the same factual setting between the same parties

Courts of appeal are essentially concerned with:

questions of law

In a pretrial procedure, the process of discovery ensures that the

result of the lawsuit is based on the merits of the controversy

As a case is called during the trial phase of litigation, the first order of business is to

select a jury

The delivery of notice to a defendant to appear in court or a summons to his or her last known address is referred to as _____.

service of process

In the litigation process, a plaintiff must establish that he or she is entitled to have the court decide the dispute, that is, he or she has _____

standing to sue

A court usually obtains personal jurisdiction over a defendant by the service of a(n) _____, or notice to appear in court.

summons

In the context of appellate procedures in a case, an oral argument allows

the attorneys to explain to the court their position in the case in a specified amount of time

In a counterclaim, the defendant becomes:

the counterplaintiff

In civil cases, the party with the burden of proof is subject to one of two standards: the preponderance of evidence standard or the clear and convincing proof standard. Unlike the clear and convincing proof standard, the preponderance of evidence standard is

the most frequently used standard in civil cases

In the context of personal jurisdiction, a plaintiff's action of filing a lawsuit indicates

the plaintiff's voluntary submission to the court's power

Long-arm statutes allow for:

the service of process beyond state boundaries

The defendant in a lawsuit may bring in new parties as _____-_____ defendants if he or she alleges that there cannot be a complete determination of a controversy without the presence of other parties.

third-party

In the context of jury selection during the trial phase of litigation, the number of peremptory challenges given

varies from court system to court system

The discovery procedures are intended to be used freely by the parties to litigation _____ (with/without) the court's direct supervision.

without

Match the parties involved in the litigation process (in the left column) with the descriptions of their roles in a counterclaim (in the right column). The plaintiff The defendant

He or she becomes a counterdefendant. He or she becomes a counterplaintiff.

In the context of obtaining jurisdiction over the person of the defendant in a criminal suit, what is the role of the governor of the state of arrest in the extradition process?

He or she voluntarily turns the prisoner over to the governor of the requesting state where the crime occurred.

What is the significance of filing pleadings with the court?

Highlighting the issues that are to be resolved during the litigation process

When does a typical long-arm statute allow a court to obtain jurisdiction over a defendant even though the process is served beyond its borders?

If the defendant has committed a tort within the state. If the defendant has entered into a contract within the state.

Match the types of legal motions (in the left column) with their descriptions (in the right column). A motion for a judgment on the pleadings A motion for a summary judgment

It asks a judge to decide the case based solely on the complaint and the answer. It asks a judge to base a decision not only on the pleadings but also on other evidence.

In the context of the litigation process, identify a true statement about a legal motion.

It can be made at any point in the litigation process.

Which of the following is true of a complaint filed by a plaintiff?

It contains a statement of the relief sought and allegations by the plaintiff.

Identify the advantages of the process of discovery in a pretrial procedure.

It ensures that the involved parties are fully aware of each others' intentions. It narrows issues disputed by the involved parties.

Match the legal terms related to deciding a case (in the left column) with their descriptions (in the right column). A verdict A judgment

It is the jury's decision in a trial. It is entered in favor of the party that won the jury's decision.

Identify the various aspects of a class-action suit.

It often involves matters in which no one member of the class would have a sufficient financial interest to warrant litigation. It avoids a multiplicity of suits involving the same issue. It may be filed on behalf of all shareholders of a named corporation.

Who is responsible for terminating the litigation process if there is a finding that the lawsuit is frivolous or totally lacking in merit?

Judges

_____ _____ are provided by the judge to the jury in order to bring the facts and the law together in an orderly manner that will result in a decision.

Jury Instructions

Identify the meanings of the term "burden of proof."

The burden that a person has to come forward with evidence on a particular issue A person's responsibility to be persuasive as to a specific fact

The party with the burden of proof is subject to the following standards:

The clear and convincing proof standard The preponderance of evidence standard

Identify the information given to jury members by lawyers while the latter make their opening statements during a trial.

The facts they expect to prove The witnesses they expect to call

An appellate court _____ substitute its interpretation of the evidence for that of the trial court's.

cannot

A suit in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim is referred to as a(n) _____-_____ suit.

class action

The arguments that can be raised by a motion to dismiss a suit, such as expiration of the time limit during which the defendant is subject to suit or a lack of Jurisdiction of the court to hear the suit, are referred to as

the statute of limitations