In Class Assignment

Front 1

this level of court hears evidence

Back 1

trial

Front 2

this level of court may have a jury

Back 2

trial

Front 3

service of process

Back 3

the delivery of the summons and complaint upon the defendant

Front 4

this is jurisdiction over controversy

Back 4

subject matter

Front 5

in perosnam

Back 5

jurisdiction over the parties (esp the defendant)

Front 6

quasi in rem

Back 6

jurisdiction over the property that is not the subject of dispute

Front 7

this is an attachment to a piece of property that prevents its sale until a judgement is satisfied

Back 7

lien

Front 8

a lawsuit is often referred to as

Back 8

litigation

Front 9

what form of discovery may involve a witness who is not a party to the action

Back 9

deposition

Front 10

a privilege is

Back 10

the right to refuse to testify and the right to prevent someone else from testifying

Front 11

a pretrial motion that certain evidence be ruled inadmissible at trial

Back 11

motion in liminie

Front 12

a post trial motion to reverse the jury's decision is called a

Back 12

motion for judgement NOV

Front 13

motion of summary judgement

Back 13

field before trial

Front 14

motion of judgement NOV

Back 14

it happen after the jury has reached a verdict

Front 15

motion of directed verdict

Back 15

filed after both sides have completed their presentation of evidence but before the judge has reached a verdict

Front 16

motion for nonsuit

Back 16

occurs after prosecution has completed its presentation of evidence, it can be made by defendant

Front 17

a fact that is agreed by all parties

Back 17

stipulation

Front 18

this means that the jury will be allowed to hear certain evidence

Back 18

admissible

Front 19

if a party losses at trial

Back 19

typically, he or she has the automatic right of at least one appeal and he or she may file a writ of certiorari immediately

Front 20

writ of certiorari

Back 20

appeal to the highest court in that particular judicial system (supreme court)

Front 21

the official collection of documents from trial

Back 21

the record

Front 22

this is what empowers a court to hear and decide the outcome of a legal matter

Back 22

jurisdiction

Front 23

most civil cases involve a question of

Back 23

damages

Front 24

guilt

Back 24

we do not use this term in connection with civil cases

Front 25

written decision of the trail judge determining the resolution of the dispute before the court

Back 25

opinion

Front 26

what kind of evidence requires inference

Back 26

circumstantial evidence

Front 27

what kind of evidence is admissible

Back 27

both circumstantial and direct

Front 28

which carries more weight in court

Back 28

both carry same weight

Front 29

can a person be convicted of a crime or win a civil case based on circumstantial evidence alone

Back 29

yes

Front 30

can one piece of evidence such as a weapon be both direct and circum

Back 30

yes

Front 31

admissible evidence is

Back 31

evidence that the jury will be allowed to hear

Front 32

who own a privilege

Back 32

the person in legal jeopardy

Front 33

which of the following is not a privilege

Back 33

parent child

employee employer

Front 34

which are a privilege

Back 34

clergy penitent

husband wife

self incrimination

Front 35

is a privileges waivable

Back 35

false

Front 36

one advantage of arbitration is that it provides the parties with greater opportunities for discovery than litigation does

Back 36

false; fewer opportunities for discovery

Front 37

in the united states there are many separate courts, but only one court system

Back 37

false; every state and territory has its own court system

Front 38

is we are listening to a witness testify, we must be in a trail court

Back 38

true; well over 90s settle before trial

witness dont testify in appellate courts

Front 39

in a lawsuit for damages, both plaintiff and the defendant are generally entitled to a jury

Back 39

true;generally not always

in a lawsuit for equitable(non monetary) remedies, juries are not typically available

Front 40

a federal court has the power to hear

Back 40

any lawsuit based on a federal statute

Front 41

before trial begins, if a defendant in a civil lawsuit believes that even if the plaintiff proves everything he has alleged, the law require the defendant to win the defendant should

Back 41

none of the above; move for dismiss for a failure to state a valid

Front 42

move for rescusal

Back 42

motion disqualify a trail judge for using prejudice

Front 43

in a civil lawsuit

Back 43

the plaintiff must prove her case by a preponderance of the evidence

Front 44

in a criminal case

Back 44

the defendant is presumed innocent until proven guilty

Front 45

in a civil lawsuit who has burden of proof

Back 45

plaintiff has burden of proof

Front 46

Mack sues jasmine, claiming that she caused an auto accident. at trail, jasmines lawyer is asking her questions about the accident. this is

Back 46

direct examination

Front 47

neither the federal intermediate appellate courts not the us district courts have the jurisdiction to review (accept appeals form) the decisions of the highest state courts

Back 47

true; just the u.s supreme court

Front 48

the us supreme court, which has nation jurisdiction, hears appeals form the 13 courts when a question about a constitutional issue or-some of the federal question is involved

Back 48

true

Front 49

secondary authority is authority that explains the law but does not establish it

Back 49

true

Front 50

persuasive authority is authority that carries some weight but is not binding/ controlling/ mandatory on the court

Back 50

true

Front 51

direct examination

Back 51

the first questioning of a witness in a trial or other proceedings, conducted by the party who called the witness to testify

Front 52

cross examination

Back 52

the questioning of a witness at trail or hearing by the party oppose the party who called the witness to testify