Chapter 3, Court proceedures

Question 1

Pretrial procedure “pleadings” are defined as having which 2 components

Answer 1

1. Complaint - Jurisdiction, Legal Theory, & Remedy

2. Answer - Affirmative defense, counterclaim

Question 2

In an answer, an affirmative defense is when:

Answer 2

the defendant raises new facts to show that they should be liable

Question 3

Motion to dismiss can be filed for reasons such as

Answer 3

Lack of personal jurisdiction or failure to state a claim for which relief can be granted

Question 4

Motion for summary judgement is when

Answer 4

there is no trial, winners and losers are based on summary of facts

Question 5

5 Components of Discovery

Answer 5

1. Depositions
2. Interrogatories
   3 Req for production of docs
   4, req for admissions
   5.req for physical exam

Question 6

A deposition is:

Some Advantages are:

Answer 6

Sworn testimony by a party in a live setting (can be a non-party)

you get to see demeanor and can ask follow up questions

Question 7

Difference between Interrogatories and depositions

Answer 7

Interrogatories are directed to a party to the lawsuit, not a witness.

30 days to prepare answers

Question 8

Requests for Admissions Streamline the trial process by

Answer 8

Having all facts admitted be conclusively established as true, meaning less time is spent trying to prove facts

Question 9

Requests for physical Examinations are conducted only when

Answer 9

the need for information outweighs the right to privacy

Question 10

Preponderance of Evidence is the standard of proof in ____ cases

Answer 10

Civil

Question 11

You cannot ask leading questions during ______ examination

Answer 11

Direct

Question 12

Motion for a new trial is granted when:

Answer 12

• New evidence
• Jury Misconduct
• Lying during Voir Dire
• Bribery
• Intimidation
• Judgement notwithstanding verdict

Question 13

Appeals only look at ____ issues and the reviews record for errors

Answer 13

Legal

Was jury instructed properly? Evidence not admitted?

Question 14

After reviewing a case, appellate courts can do which 5 things?

Answer 14

• Affirm
• Reverse
• Remand - Send back to -lower court
• Affirm or reverse “in part”
• Modify - excessive award reduced

Question 15

A writ of execution is an order to ___ and ___ a defendants nonexempt property

Answer 15

Seize and Sell

Proceeds are used to pay damages owed and excess proceeds are returned to defendant

Question 16

A post Judgement interrogatory seeks to

Answer 16

Bring in defendant, assess location of assets

Question 17

Garnishment can be carried out from 3 mediums

Answer 17

Banks
Wages
Debtor of a judgement debtor - Transitive property to debt collection