Essential Skills For Paralegals: Volume I 4.2 And 4.3 Terminology Exercise 4

Front 1

When a party is finished presenting evidence, he rests.

Back 1

1. Resting a Case:

Front 2

To present a verbal motion to the court.

Back 2

2. Move:

Front 3

To halt the trial temporarily

Back 3

3. Adjourn:

Front 4

A case that is sufficient on its face. It means that if all facts alleged by the
plaintiff are eventually proven true at trial, the plaintiff deserves to be awarded damages.

Back 4

4. Prima Facie:

Front 5

A motion that asks the court to decide during the trial
because the plaintiff has failed to establish a prima facie case

Back 5

5. Motion for Directed Verdict:

Front 6

Occurs when the court delays a ruling on a motion so that the motion may be further considered

Back 6

6. Take a Matter Under Advisement:

Front 7

To present proof of a witness’s expertise in a specific area

Back 7

7. Qualify:

Front 8

To question a potential witness to determine the fitness of his or her testimony

Back 8

8. Voir Dire:

Front 9

A person who has been qualified by the court as having experience and knowledge in a specific area and allowed to express opinions within that area

Back 9

9. Expert Witness:

Front 10

Addressing the jury or the court at the end of the trial; attempting to
persuade prior to deliberations.

Back 10

10. Closing Arguments:

Front 11

A jury’s discussions of the case in private following the trial, with the goal of rendering a verdict.

Back 11

11. Deliberations:

Front 12

Guidelines given to the jury by the judge about the law to be applied and the facts to be considered in their deliberations; may be called a charge to a jury.

Back 12

12. Jury Instructions:

Front 13

The final determination of the jury

Back 13

13. Verdict:

Front 14

The person elected by the jury to lead deliberations and speak for
its members

Back 14

14. Foreman/Foreperson:

Front 15

A motion asking the court to disregard the jury’s verdict,
replacing it with a verdict of its own.

Back 15

15. Motion for Judgment NOV:

Front 16

A final conclusion of the court.

Back 16

16. Judgment:

Front 17

A situation in which the judge adds to the amount a jury has awarded

Back 17

17. Additur:

Front 18

The process whereby a judge subtracts from the amount of damages a jury has awarded.

Back 18

18. Remittitur:

Front 19

A request that the judge order a new trail based upon procedural
errors that occurred during the trial.

Back 19

19. Motion for New Trial:

Front 20

To ask the next highest court to decide if the trial court erred

Back 20

20. Appeal:

Front 21

To delay the implementation of a court’s order

Back 21

21. Stay:

Front 22

To give up a right. A waiver may be voluntary, or may be the result of an action, or inaction, of the person.

Back 22

22. Waive:

Front 23

An appeal where the appellate court has no choice but to hear the appeal.

Back 23

23. Appeal as a Matter of Right:

Front 24

Written notification in motion form that a party intends to appeal. Most
court rules require that the motion be filed with the trail court, the appellate court, and
any opposing parties.

Back 24

24. Notice of Appeal:

Front 25

A sum of money held by the court to ensure that the funds from the
award are available after the appellate process

Back 25

25. Bond on appeal:

Front 26

Doctrine by which a case that has been decided on its merits may not be re-litigated

Back 26

26. Res Judicata:

Front 27

To prevent or stop

Back 27

27. Bar:

Front 28

The party initiating an appeal

Back 28

28. Appellant:

Front 29

The party responding to an appeal

Back 29

29. Appellee:

Front 30

The official collection of all pleadings, exhibits, motions, orders, and transcript of the trial

Back 30

30. Record: