Bus. 263 Test 2

_______ provide the details concerning procedures to be followed in federal court litigation,

Federal Rules of Procedures

the _____ has perhaps the most extensive power of any branch of government. Why?

Judiciary, because of the power of judicial review.

______ normally do not give reasons for their decisions.

Jurors

In some appellate courts, such as the U.S. Supreme Court, members of the court are called

Justices

_______ deals with juvenile crime and dependent children.

Juvenile court

______ means no cause or reason needs to be given to excuse a prospective juror. It can be traced at least as far back as 14th century England.

Peremptory challenge

_____ deals with violators of state laws and municipal ordinances.

Police courts

______ deals with wills and estates of deceased persons.

Probate court

How is personal jurisdiction usually obtained?

by the service of a summons

The summons provides the date by which the defendant must respond to the complaint. This response usually takes the form of a written pleading, called an

answer.

_______ act as reviewing courts and generally are concerned with issues of law.

appellate courts

A ______ is one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have similar claim.

class-action lawsuit

The quality of a jury depends upon the ability to get ______ and _______ citizens to serve.

competent and dedicated

A ______ contains allegations by the plaintiff and a statement or request of the relief sought.

complaint

lawsuits begin by a plaintiff filing a pleading, called a ______, with the court clerk.

complaint

The ________ and the _______ provide the framework for the lawsuit.

complaint; answer

a Lawyer serves in three capacities:

counselor, advocate, and public servant

Most jurisdictions use the terms _______ and ______ to describe the parties to the counterclaim.

counter plaintiff and counter defendant

When a defendant wants to sue the plaintiff, the defendant files a

counterclaim.

The trial judge renders decisions that

deal directly with people in conflict.

If the defendant does not respond in any way, the court may enter an order of ______ and grant the plaintiff the relief sought by the complaint.

default

The party sued is known as the

defendant

In a _______ the lawyer orally asks questions of the possible witness and an oral response is given.

deposition

With ______, lawyers seldom need to ask questions during trial to which they do not already know the answer.

depositions

In all cases, the function of the trial judge is to

determine the applicable rules of law to be used to decide the case

After the plaintiff has presented his or her evidence, the defendant may make a motion for a _______. Under Rule 50 of the Federal Rules, this morion is called a Judgement as a Matter of Law.

directed verdict

Civil litigation seldom concludes with a surprise witness or new piece of evidence. The reason the surprises do not occur is the process of

discovery

Federal courts typically obtain jurisdiction upon

diversity and citizenship or federal questions

A judgement notwithstanding the verdict may be entered if the verdict is

erroneous as a matter of law

To _______, a plaintiff must establish that a case or controversy exists and that he or she has a personal stake in the resolution of the case.

establish a standing to sue

In civil cases the right to trial by a jury is preserved in suits at common law when the amount in controversy _____ ______.

exceeds $20.

Many argue that _____ are not qualified to distinguish fact from fiction, that they vote their prejudices, and that their emotions are too easily swayed by skilled lawyers.

jurors

A ______ must spend most of the time studying the briefs, the record of proceedings, and the law in reaching decisions.

justice

A lawyer's first duty is to the administration of

justice

Trial judges are the main link between

law and the citizens it serves.

In most civil cases, the ________ is used to evaluate the case.

preponderance standard

Peremptory challenges may not be based upon

race or gender

The party who files a civil action is called a

plaintiff

The legal documents that are filed with a court to begin the litigation process are called

pleadings

Historically a jury consists of

12 persons

Rule # _____ of the Federal Rules of Civil Procedure states that the "court shall a jury of _______.

48; not fewer than 6 and not more than twelve members."

_______ is one of the primary reasons for the high cost of litigation.

Abusive discovery

Courts of refuse to accept excuses for relief from jury duty because why?

Because jury duty is a responsibility of all citizens in a free society.

Many requirements must be met to bring a _______, particularly in federal court.

Class-action suit

The most expensive method of discovery is also the most revealing. To conduct discovery to the greatest extent possible, the lawyers will want to take ____ of all potential witnesses.

Depositions

Lawsuits are typically won or lost at the ______ stage of litigation.

Discovery

What is the purpose of the process of discovery?

Discovery practice is designed to ensure that each side is fully aware of all the facts involved in the case and of the intensions of the parties. Discovery aids trial preparation by permitting the parties to learn how a witness will answer questions prior to the actual trial.

______ requires that al plaintiffs be citizens of different states from all defendants.

Diversity of citizenship

If a lawsuit is lacking in merit, then it is considered ______ and may terminate the litigation process.

Frivolous

_______ cases are not a significant problem and can be redressed.

Frivolous

The individuals who operate our courts are called

Judges or magistrates

Substantial penalties can be imposed by courts for abusing the discovery process. T or F

TRUE

Trial courts focus on the ____ while reviewing courts only focus on ______.

The law and facts; the law

A _____ who has observed the witness is able to use knowledge gained from participation as an essential ingredient in his or her decisions.

Trial Judge

______ have the primary duty to observe and to apply constitutional limitations and guarantees.

Trial Judges

Lawsuits begin at the ______ level, and results may be reviewed at one or more of the other two ________ levels.

Trial court; appellate court

The highest legal authority in the US is the

US supreme court

______ literally means to speak the truth.

Voir dire

Parties seek permission to bring their case to the Supreme Court through

a petition for a writ of certiorari

The procedure for requesting a second review is called in some states

a petition for leave to appeal

If two parties are in complete agreement that the plaintiff has not been paid by the defendant for the merchandise that was delivered by the plaintiff and received by the defendant, and the dispute between these parties is simply whether, under the stated facts, the defendant must pay the plaintiff. this is considered what ?

a question of law not fact and parties can seek pretrial determination of their rights by filing a motion with the court.

a notice to appear in court

a summons

Jury instructions are used to

acquaint the jury with the law applicable to the case.

In most states, a jury's decision must be _____ because many believe that the truth is more nearly to be found and justice rendered if the jury ______.

acts on only one common conscious.

In a summary judgement, a judge is ask to base a decision not only on pleadings but also on other evidence. Such evidence is usually presented in the form of sworn statements called _______ .

affidavits

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

extradition

The lawyer's duties to each client require the highest degree of

fidelity, loyalty, and integrity

In cases tried without a jury, the judge is also responsible for

finding the facts

The power to hear any type of case

general jurisdiction

Justices do more than simply decide an appeal-- they often

give reasons for their decisions

Typically the least expansive method of discovery is to present a series of written questions to the opposing parties. These questions, called ______, must be answered by the party receiving them.

interrogatories

When reviewing appeals, justices are essentially concerned with

issues of law.

The rules of procedure in the federal court system and in most of the state systems provide for motions for a _________, which asks the judge to decide the case based solely on the complaint and the answer.

judgement on the pleadings

Those who think that the power should be used whenever the needs of society justify its use believe in

judicial activism

Those who believe that the power should not be used except in the unusual cases are said to believe in

judicial restraint

The power to review laws passed by the legislative body and to declare them to be unconstitutional and void.

judicial review

The power to hear only certain types of cases

limited jurisdiction

______ provide for the service of process beyond their boundaries.

long-arm statute

Many of the largest jury verdicts involve

medical malpractice, products liability, fraud, or breach of contract.

A ______ seeks to resolve the case without a trial.

motion for summary judgement

Power to hear a case means court must have authority not only over the subject matter of the case but also over the parties of the case. This latter authority is called

personal jurisdiction.

The _____ is the trial jury that returns a verdict in both criminal and civil cases.

petit jury

Finally, after some or all of these methods of discovery are used, either party may request the other to admit that certain issues presented in the pleadings are no longer in dispute. The _______ narrows some issues and makes settlements more likely.

request for admission

After answers to the interrogatories are received, either party might ask the other to produce specific documents, called _____, that are important to the lawsuits outcome.

request for production of documents

Each state has prescribed a time limit after which a suit cannot be filed. For example, if the plaintiff fails to sue within the stand period, the defendant is not liable for the nonpayment of the merchandise. This argument is referred to as the

statue of limitations.

no cases can proceed forward without the existence of both

subject matter and personal jurisdiction

For any court to hear and decide a case at any level, it must have

subject matter jurisdiction

The power over the issues involved in the case

subject matter jurisdiction

Jurisdiction may be limited as to

subject matter, amount in controversy, or area in which the parties live.

A motion for _______ seeks similar conclusion to the litigation prior to trial. However the party filing this motion is asking the judge to base a decision not only on the pleadings but also on other evidence.

summary judgement

What is usually found in a defendants answer?

the defendant will either admit or deny each allegation of the plaintiff's complaint.

So in deciding cases, justices must consider not only the result between the parties but also

the effect of the decision on the law.

There are two major court systems in the U.S.:

the federal courts and the 50 states courts.

The sixth and seventh amendments to the Constitution guarantee _______?

the right of trial by jury in both criminal and civil cases.

If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he or she may bring in new third parties know as

third-party defendant

______ deals with traffic violations.

traffic courts

superior court, the circuit court and district court are all names for what

trial court

Issues of fact normally are resolved at the

trial court level.

The court system (both federal and state level) operates on three levels:

trial courts, courts of appeals, and supreme courts.

Several legal commentaries have argued that ________ are not constitutionally mandated and should be eliminated to help restore public confidence in our jury system,.

unanimous jury verdicts