law chapter 4

_________is a practice that is designed to ensure that each side is fully aware of all the facts involved in the case and of the intentions of the parties.

Discovery

The request for production of documents

It is a request by either party involved in a lawsuit to the other to present specific records after answers to interrogatories have been received.

The request for an admission

It is a request by either party to the other to acknowledge that certain issues presented in their respective pleadings are no longer in dispute

A verdict

It is announced in the courtroom when the jury's deliberations are completed.

A judgment

It is entered in favor of a party if the judge agrees with the jury's verdict.

When can motions be filed during the litigation process?

Motions can be filed at any point during the litigation process

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 a lawsuit, the procedure of bringing in third-party defendants is usually followed when there is someone who may have liability to the defendant if that defendant has a liability to the plaintiff.

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 information.

True

True or false: The issues to be resolved in the litigation process are brought into sharper focus through the contents of pleadings.

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

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

To grant a motion for a judgment notwithstanding the verdict, the judge must find:

reasonable persons viewing the evidence would not reach the verdict the jury returned

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

Through ________-____ -__________ , courts are able to establish that an adversarial relationship exists between the plaintiff and defendant.

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

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 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 jury's decision is called a

verdict

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 persuasion is a legal device used to help determine the rights of jurors.

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

Courts of appeal are essentially concerned with:

questions of law

Depositions

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.

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

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

Interrogatories

A series of written questions are presented to the opposing parties in the suit, which must be answered by the party receiving them.

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

To comply with appellate procedures, each party in a case files a brief. Which of the following would a brief contain?

Arguments for reversing or affirming the lower court decision Legal points and authorities of the case

In the context of the litigation process, identify the true statements about the process of standing to sue.

Courts are not free to litigate matters that have no connection to the law. There must be some allegation of a wrong that would create a dispute between plaintiff and defendant.

Sarah is an employee at Cynthia Corp., a leading apparel manufacturer. During the annual appraisals, she does not receive an increment in her pay because of poor performance. Sarah responds by filing a complaint of sexual harassment against her employer. In this scenario, what step should the employer's counsel take?

File a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure against Sarah

The plaintiff

He or she becomes a counterdefendant.

The defendant

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.

Identify the conditions under which service of a summons on a defendant is usually valid.

If a copy of the summons addressed to the defendant is mailed to the home If the summons is served upon any household member above a specified age

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

Execution

It involves seizing some property of the debtor, selling the property at public auction, and applying the proceeds to the creditor's claim.

A motion for a summary judgment

It asks a judge to base a decision not only on the pleadings but also on other evidence.

A motion for a judgment on the pleadings

It asks a judge to decide the case based solely on the complaint and the answer.

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.

Garnishment

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

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

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

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

_____ means that a final decision is conclusive on all issues between the parties, whether raised in the litigation or not.

Res judicata

Which is not a form of execution of a judgment or decree?

Seizure of all offshore assets to apply toward the creditor's claim

Identify the accurate statements about standing to sue

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

____________refers to the argument that the court lacks jurisdiction to hear a suit or that the time limit during which the defendant is subject to suit has expired.

Statute of limitations

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

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

The respondent

The party against whom the petition is filed

The petitioner

The party initiating the petition

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

The plaintiff must have a legally cognizable claim.

Identify the accurate statements about standing to sue.

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.

Parties may become very_________during the discovery process, causing significant damage to the litigation process.

aggressive

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

The purpose of jury instructions is to _____.

bring the law and the facts together in an orderly manner that will result in a decision

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

cannot

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

The person against whom a criminal charge is filed by the prosecuting state or federal government is known as the _____.

defendant

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

Under rule 50 of the Federal Rules, the motion for a _____ is called a Judgment as a Matter of Law.

directed verdict

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

In the process of litigation, the court may enter an order of default and grant the plaintiff the relief sought by his or her complaint if the defendant _____.

fails to respond in any way

A court obtains personal jurisdiction over a plaintiff when the plaintiff _____

files a suit

A court obtains personal jurisdiction over a plaintiff when the plaintiff _____.

files a suit

A ________on the______ asks the judge to decide the case based solely on the complaint and the answer.

judgement, pleadings

Third-party defendants are:

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

Voir Dire

literally means to speak the truth

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

long arm statute

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

Regardless of the type of case, a defendant may decide not to object to a court's exercise of

personal jurisdiction

The party who files a civil action is called the:

plaintiff

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

pleadings

An aspect of res judicata is that it _____.

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

Long-arm statutes can be valid and constitutional if they _____.

provide a defendant with due process of law

The position responsible for requesting extradition to occur:

the governor

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

the jury instructions

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 the selection of jurors during the trial phase of litigation, the process of voir dire examination continues until _____.

the peremptory challenges are exhausted and a full jury panel is selected

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

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