chapter 4

Which of the following is NOT true regarding the appellate process? A. the responding party is called the secondary defendant B. an appellate court will reverse a lower court decision if it finds an error of law in the record C. the appealing party is called the appellant D. only the defendant may appeal in a criminal case E. a notice of appeal must be entered within a prescribed time after judgement is entered

A

In a civil case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been biased, emotional, or inflamed. What is this called?

remittitur

pretrial hearing is also referred to as what?

settlement conference

consolidation

the act of a court to combine two or more separate lawsuits into one lawsuit

deponent

the person giving a deposition

voir dire

the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions

service of process

when the complain and summons are served on the defendant

interrogatories

written questions submitted by one party to a lawsuit to another party

class action

a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant

Which of the following is NOT true regarding electronic dispute resolution? A. online arbitration and mediation services charge fees B. the registering party in an e-arbitration submits an amount that the party is willing to accept or pay C. unsettled e-arbitration and e-mediation disputes may be pursued further in court D. electronic dispute resolutions still involve face-to-face meetings E. online arbitration and online mediation can be used to avoid paying substantial lawyers' fees and court costs

D

Lawyers typically operate on a contingency-fee basis for each of the following cases EXCEPT: A. personal injury lawsuits B. automobile accident lawsuits C. medical malpractice claims D. product liability lawsuits E. simply bankruptcy proceedings

E

Which of the following is NOT a major pleading in a lawsuit? A. cross-complaint B. complaint C. reply D. answer E. interrogatory

E

mediation

a form of negotiation in which a neutral third party assists (without making a decision or an award) the disputing parties in reaching a settlement of their dispute

rejoinder

The defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

summons

a court order that directs the defendant to appear in court and answer the complain

arbitration

a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered.

appellate court

to maintain a class action, a class must be ______ by the appropriate federal or state court.

certified

jury instructions are know as

charges

Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a case?

contingency fee

virtual courthouses

electronic courts (e-courts)

statute of limitations

establishes the period during which a plaintiff must bring a lawsuit against a defendant

default judgement

if a defendant does not answer the complain, this is entered against him or her

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case.

judge

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____.

judgement n.o.v.

The bringing, maintaining, and defending of a lawsuit is generally referred to as what?

litigation

the simplest form of alternative dispute resolution is

negotiation

a motion for summary judgement is supported by evidence______

outside the pleadings

Which of the following is NOT a major form of discovery? A. pretrial conference B. deposition C. production of documents D. interrogatories E. physical or mental examination

pretrial conference

After the defendant's attorney is finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to rebut the defendant's case. What is this called?

rebuttal