Legal Terminology - Part 1

What is the term for describing the evidence that may be considered by a jury or judge in civil and criminal cases?

• A.

  ADMISSIBLE

• B.

  ACQUITTAL

• C.

  AFFIRMED

• D.

  ACKNOWLEDGEMENT

An ______________ is a written or printed statement made under oath.

A _______ is a legal document that transfers ownership of real property from one party to another.

An _______________ is the formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

An _____________ is a request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct.  To make such a request is "to ___________" or "to take an _________."

A trial without a jury, in which the judge serves as the fact-finder, is called a __________ trial.

A ______ is a written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

The duty to prove disputed facts is called the ___________ of ______.  In civil cases, a plaintiff generally has the burden of proving his or her case. 

A complete collection of every document filed in court in a case is a ____ ____.

A synonym for legal precedent, ____ ____, is the law as established in previous court decisions.  ____ ____ is also akin to common law, which springs from tradition and judicial decisions.

The court officer who oversees administrative functions, especially managing the flow of cases through the court, is called the ______ of ______.  The ______ of ______'s office is often called a court's central nervous system.

A _______ is a written statement that begins a civil lawsuit, in which the plaintiff details the claims agains the defendant.

_________ is legal advice.  _______ is also used to refer to the lawyers in a case.

_______ refers to the Government entity authorized to resolve legal disputes.  Judges sometimes use "______" to refer to themselves in the third person, as in "the ______ has read the briefs."

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won is called _________.  __________ may be compensatory (for loss or injury) or punitive (to punish and deter future misconduct).

An oral statement made before an officer authorized by law to administer oaths is called a _____________.  Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

_________ is the term used to describe procedures used to obtain disclosure of evidence before trial.

A log containing the complete history of each cast in the form of brief chronological entries summarizing the court proceedings is called a ______.

__ _____ is a proceeding brought before the court by one party only, without notice to or challenge by the other side.

Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else is ________.  With some exceptions, ________ generally is not admissible as evidence at trial.

The process of calling a witness's testimony into doubt is called ___________.  For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be "________".

A court order preventing one or more named parties from taking some action is:

• A.

  Issue

• B.

  Impeachment

• C.

  In forma pauperis

• D.

  Indictment

_________________ (a form of discovery) consist of written questions to be answered in writing and under oath.

The disputed point between parties in a lawsuit is an ______. 

Issue is also (see question 24 above) a term referring to:

• A.

  The fact pattern in a deposition

• B.

  The closing argument delivered to a jury

• C.

  When the court sends something out officially, as in a court "issuing" an order

• D.

  When the judge admonishes counsel for inappopriately approaching the bench

____________ is the legal authority of a court to hear and decide a certain type of case.  It also is used as a synonym for venue, meaning the geographic area over which the court has territorial ____________ to decide cases.

The study of law and the structure of the legal system is called _____________.

The official decision of a court finally resolving the dispute between the parties to the lawsuit is called a:

• A.

  Judgment

• B.

  Means test

• C.

  Opinion

• D.

  Proof of claim

____ ____________ are a judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply.

__________ is a case, controversy or lawsuit.  Participants (plaintiffs and defendants) in lawsuits are called _________.

A request by a litigant to a judge for a decision on an issue relating to the case is a ______.

A pretrial motion requesting the court to prohibit the other side from presenting, or even referring to, evidence on matters said to be so highly prejudicial that no steps taken by the judge can prevent the jury from being unduly influenced is a:

• A.

  Peremptory challenge

• B.

  Motion to lift the automatic stay

• C.

  Nolo contendere

• D.

  Motion in limine

A judge's written explanation of the decision of the court is: 

• A.

  An opinion

• B.

  A precedent

• C.

  A petition

• D.

  A warrant

Relative to jury selection, a __________ _________ refers to the granting of each side in a civil (or criminal) trial the right to exclude a certain number of prospective jurors without cause or giving reason.

_________ are written statements filed with the court which describe a party's legal or factual assertions about the case.

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court is called _________. 

When the judge and lawyers meet to plan the trial, discuss which matters should be presented to the jury, review proposed evidence and witnesses, and to set trial the schedule, it is called a _______ conference.  Typically, the judge and the parties also discuss the possibility of settlement of the case.

A written account of the proceedings in a case, including all pleadings, evidence, and exhibits submitted in the course of the case is a:

• A.

  Remand

• B.

  Record

• C.

  Schedule

• D.

  Transcript

True or false:  To remand is to send back

• A.

  False

• B.

  True

True or false:  The act of a court setting aside the lower decision of a lower court is called "reverse". 

• A.

  True

• B.

  False

When parties to a lawsuit resolve their dispute without having a trial, they are engaging in a __________.  __________ often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims,

When a command, issued under a court's authority, to a witness to appear and give testimony, the witness has been given a ________.

A subpoena (see question 44 above) duces tecum is a command to a witness to appear and produce _________.

A decision made on the basis of statements and evidence presented for the record without a trial is called _______ ________.  It is used when it is not necessary to resolve any factual disputes in the case.  _______ ________ is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.

Evidence presented orally by witnesses during trials or before grand juries is called _________.

A ____ is a civil, not a criminal, wrong.  It is a negligent or intentional injury against a person or property, with the exception of breach of contract.

A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition is called a __________.

A _____ is the geographic area in which a court has jurisdiction.  A change of venue is a change or transfer of a case from one judicial district to another.

The decision of a trial jury or a judge that determines the guilt or innocense of a criminal defendant, or that determines the final outcome of a civil case is called a:

• A.

  Uphold

• B.

  Verdict

• C.

  Mistrial

• D.

  Plan

____ ____ is the jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge.