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48 Cards in this Set

  • Front
  • Back
Person who is asked to testify under oath at a trial.
The court's final decision regarding the rights and claims of the parties to a lawsuit.
Federal Rules of Civil Procedure (FRCP)
The rules controlling all procedural matters in civil trials brought before the federal district courts.
The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant.
Statements by the plaintiff and the defendant that detail the facts, charges and defenses involved in the litigation.
The list of cases entered on a court's calendar and thus scheduled to be heard by the court.
A party's statement, claim or assertion made in a pleading to the court. The allegation sets forth the issue that the party expects to prove.
Prayer for Relief
A statement at the end of the complaint requesting that the court grant relief to the plaintiff.
A written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation.
Service of Process
The delivery of the summons and the complaint to a defendant.
A document served on a defendant in a lawsuit informing the defendant that a legal action has been commenced against him or her and that the defendant must appear in court or respond to the plaintiff's complaint within a specified period of time.
Return-of Service Form
A document signed by a process server and submitted to the court to prove that a defendant received a summons.
Default Judgement
A judgment entered by a clerk or court against a party who has failed to appear in court to answer or defend against a claim that has been brought against him or her by another party.
A defendant's response to a plaintiff's complaint.
Affirmative Defense
A response to a plaintiff's claim that does not deny the plaintiff's facts but attacks the plaintiff's legal right to bring an action.
A procedural request or application presented by an attorney to the court on behalf of a client.
Motion to dismiss
A motion filed by the defense that asks the court to dismiss the case based on certain reasons, such as improper service, lack of personal jurisdiction, or the plaintiff's failure to state a claim for which relief can be granted.
Supporting affidavit
An affidavit accompanying a motion that is filed by an attorney on behalf of his client. The sworn statements in the affidavit provide a factual basis for the motion.
Memorandum of law
A document (a brief) that outlines the legal theories, statues, and cases on which a motion is based.
Motion for judgement on the pleadings
Motion filed by either party that asks the court to enter a judgement in his or her favor based on information contained in the pleadings only. Judgement is made only if there are no facts in dispute and the only question is how the law applies to a set of undisputed facts.
Motion for summary judgement
Motion filed by either party which asks court to enter judgement in his/her favor without a trial. This judgement can be supported by evidence outside the pleadings, such as witnesses' affidavits, answers to interrogatories, and other evidence obtained prior to or during discovery.
Formal investigation prior to trial. During discovery, parties use various methods, such as interrogatories and depostions, to obtain information about each other and from witnesses to prepare for trial.
Privileged information
Confidential communication between parties, such as attorney and client, that are protected from disclosure except under court order.
Given under Oath. A series of written questions for which written answers are prepared and then signed by a party to a lawsuit(plaintiff or defendant).
Given under Oath. Pre-trial question-and-answer proceeding, usually conducted orally, in which a party or witness answers an attorney's questions. The deposition is always recorded.
A party or witness who testifies under oath during a deposition.
Deposition transcript
The official transcription of the recording taken during a deposition.
To call into question the credibility of a witness by challenging the truth or accuracy of his or her trial statement.
Embedded data recorded by a computer in association with a particular file, including the file's location, path creator, date created, date last accessed, hidden notes, earlier versions, passwords and formatting. Metadata reveals information about how, when, and by whom a document was created, accessed, modified, and transmitted.
A legal document commanding a person to appear at a certain time and place to give testimony concerning a certain matter.
Trial notebook
A binder that contains copies of all of the documents and infomation that an attorney will need to have at hand during trial.
Pretrial conference
A conference prior to trial in which the judge and the attorneys litigating the suit discuss settlement possibilities, clarify the issues in dispute, and schedule forthcoming trial-related events.
Motion in limine
A motion requesting that certain evidence not be brought out at the trial, such as predudicial, irrelevant, or legally inadmissible evidence.
Voir dire
A proceeding in which attorneys for the plaintiff and the defendant ask prospective jurors questions to determine whether any potential juror is biased or has any connection with a party to the action or with a prospective witness.
An attorney's objection, during voir dire, to the inclusion of a particular person on the jury.
Challenge for cause
A voir dire challenge for which an attorney states the reason why a prospective juror should not be included in the jury.
Pemremptory challenge
A voir dire challenge to exclude a potential juror form serving on the jury without any supporting reason or cause. Peremptory challenges based on racial or gender criteria are illegal.
Opening statement
An attorney's statement to the jury at the beginning of the trial. The attorney briefly outlines the evidence that will be offered during the trial and the legal theory that will be pursued.
Direct examination
The examination fo a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.
The questioning of an opposing witness during the trial.
Redirect examination
The questioning of a witness following the adverse party's cross-examination.
The questioning of an opposing witness following the adverse party's redirect examination.
Motion for a directed verdict
A motion (also known as a motion for judgement as a matter of law in the federal courts) requesting that the court grant a judgment in favor of the party making the motion on the ground that the other party has not produced sufficient evidence to support his or her claim.
Closing argument
The argument made by each side's attorney after the cases have been heard. Closing arguments are made prior to the jury charge.
The judge's instruction to the jury, following the attorney's closing arguments, setting forth the rules of law that the jury must apply in reaching its decision.
A formal decision made by a jury.
Motion for judgement notwithstanding the verdict
A motion (also referred to as a motion for judgment as a matter of law in federal courts) requesting that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him or was unreasonable or erroneous.
Motion for a new trial
A motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason)that a new trial is needed to prevent a miscarriage of justice.