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34 Cards in this Set
- Front
- Back
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Affidavit |
A written or printed voluntary statement of acts, confirmed by the oath or affirmations of the party making |
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Affirmative Defense |
A response to a plaintiff's claim that does not deny the plaintiffs facts but attacks the plaintiffs legal right to bring action
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Answer |
Procedurally a defendants response to the plantiffs complaint
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Brief |
A formal legal document submitted by the attorney for the appellant or the appellee to an appellate court when a case is appealed. |
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Closing Argument |
An argument made after the plaintiff and defendant have rested their cases. Closing arguments are made prior to the jury |
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Complaint |
The pleading made by a plaintiff alleging wrongdoing on the part of the defendant.
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Counterclaim |
A claim made by a defendant in a civil lawsuit that in effect sues the plaintiff |
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Cross-Examination |
The questioning of an opposing witness during a trial |
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Default Judgment |
A judgment entered by a court against a defendant who has failed to appear in court to answer to defend |
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Deposition |
The testimony of a party to a lawsuit or a witness taken under oath before a trial |
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Direct Examination |
The examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client |
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Discover |
A phase in the litigation process during which the opposing parties may obtain information from each and from third parties |
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Federal Rules of Civil Procedure |
The rules controlling procedurals matters in civil trials brought before the federal district courts |
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Hearsay |
An oral or written statement made out of court that is later offered in court by a witness to prove the truth of the matter asserted in the statement |
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Interrogatories |
A series of written questions for which written answers are prepared and then signed under oath by a party to a lawsuit |
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Motion |
A procedural request or application presentation by an attorney to the court on behalf of a client |
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Motion for a directed Verdict |
In a state court, a party's request that a judge enter a judgment in her or his favor before the case is submitted to a jury because the other party has not been presented evidence |
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Motion for a New Trial |
A motion asserting that the trial was so fundamentally flawed that a new trial is necessary to prevent a miscarriage |
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Motion for Judgment |
The motion requesting the court to grant judgment in favor of the party make the motion on the ground that the jury verdict against him or her was unreasonable |
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Motion for Judgment on the Pleadings |
A motion by either party to a lawsuit at the close of the pleadins requesting the court decide the issue sole on the pleading with proceeding to trial |
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Motion for Summary Judgment |
A motion requesting the court to enter a judgment without proceeding to trial |
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Motion to dismiss |
A pleading in which a defendant asserts that the plaintiffs claim fails to state a cause of action |
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Opening Statement |
A statement made to the jury at the beginning of a trial by the party attorney prior to the presentation of evidence |
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Pleadings |
Statements made by the plaintiff and the defendant in a lawsuit that detail the facts |
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Pretrial Conference |
a conference between the judge and the attorneys litigating the suit |
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Pretrial Motion |
A written or oral application to a court for ruling or oder be made before trial |
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Rebuttal |
The refutation of evidence introduced by a adverse party attorney |
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Rejoinder |
The defendant's answer to the plaintiff's rebuttal |
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Relevant evidence |
Evidence tending to make a fact at issue in the case more or less probable than it would without the evidence |
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Rules of Evidence |
Evidence tending to make a fact at issue in the case more or less probable than it would be without the evidence |
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Rules of Evidence |
Rules governing the admissibility of evidence in trial court |
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Service of Process |
The delivery of the complaint and summons the defendant |
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Summons |
A document informing a defendant that a legal action has be commenced against him or her and that the defendant must appear in court |
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Verdict |
A formal decision made by a jury |
