Exercises

Exercises

Please choose the best answer to the following questions.

1. Complaint

1. Statement made to the professor about the temperature in the classroom. '
2. A document setting forth the basis of one or more claims and the relief sought.
3. Another name for the" plaintiff. "
4. The instructions that a judge will give to the end of a civil trial.

2. Answer

1. An affirmative defense.
2. The written response of a party to the claim or claims asserted by the adverse party.
3. A motion made by the defendant to dismiss the plaintiff’s complaint for failure to state a cause of action or for lack of subject matter or personal jurisdiction.

D. A defendant’s admission against interest.

3. Discovery

1. Pre - trial devices to obtain information about a civil case.
2. A popular U. S. cable television channel that is sometimes confused with the excitement

of televised court trials of famous cases.

3. Process undertaken by client to learn'how many hours -the lawyer-will spend in prepar­

ing for the case.

D. The process used in criminal law to investigate statements of witnesses.

4. Class Action

1. A revolt by students.
2. A lawsuit brought on behalf of a single individual.
3. A lawsuit brought on behalf of a corporation.
4. A lawsuit brought by or on behalf of a group.

5. Directed Verdict

1. A ruling by the judge upon finding that the evidence so favors one party that it is not e- ven necessary for the jury to make a decision.
2. A judgment against the directors of a corporation.
3. A jury verdict after trial.
4. A term of art for the type of evidence that is often excluded,unless it falls within an ac­cepted category.

6. Summons

1. The first Chief Justice of the U. S. Supreme Court.
2. Paper that informs a defendant that a lawsuit has been filed and that the defendant must appear in court.          ^
3. The conclusion section of a law office memorandum.
4. An invitation to enter into a plea bargain in a criminal action.

7. Motion to dismiss

1. A movement to rewrite the rules of civil procedure.
2. Result expected when the clerk of court removes a court file without permission from the judge and fails to return the file to the courtroom.
3. Motion made by a defendant when a plaintiffs complaint fails to state a cause of action.
4. A signal made to let the judge know that the defendant is guilty.

8. Statute of Limitations

1. The statutory limit on the number of depositions a lawyer can file.
2. The number of statutes that may be used in prosecuting a case.
3. The running of the clock from the time a trial starts until it ends.
4. Legislative pronouncement that certain causes of action must be filed within a certain period of time to prevent" stale claims. "

9. Default Judgment

1. A wrongful decision by a trial judge.
2. An order entered when the jury cannot reach a decision.
3. Order that a judge will enter when a defendant fails to appear in court.
4. Amistake    made by.the defendant’s lawyer during trial. -

10. Leading Question

1. A question that suggests its answer.
2. The first in a series of questions.
3. A mistake made by the defendant’s.
4. An important public issue.

11. Cross - examination

1. Inspection liability law for persons.
2. Direct examination of a witness.
3. Questioning of an adverse witness.
4. Questioning of a party’s own witness.

12. Long - arm Statute

1. A general liability law for persons with long arms.
2. Statute governing an" arm’s length" (or fair value)transaction.
3. A commercial statute.
4. Statute that may extend a court’s jurisdiction to parties outside the state.

13. Venue

1. The street or avenue where a courthouse can often be found.
2. Diversity of citizenship.
3. The dates of a trial.
4. The location of a trial.

14. Deposition

1. A tool of discovery used before trial.
2. Statements made by a witness on the witness stand during trial (also known as" trial tes­timony" ).
3. The position a defendant is placed in while waiting for a trial,
4. The court’s resolution of a case.

15. Expert Testimony

1. Testimony of a witness who directly saw an event take place.
2. Testimony about the good character of a defendant.
3. Testimony of a witness who had substantial knowledge and experience in a particular

field.

4. The formal allegations made by the parties and filed in court as to their respective claims and defenses.

16. Judicial Notice

1. Spotting of a judge who is standing in an elevator or walking on the street.
2. The spotting by a judge of a lawyer who is unlawfully speaking to a juror(i. e. ,a mem­ber of the jury) during a break in the court proceedings.
3. A procedure that allows a court to admit certain facts into evidence without the usual re­quirements of proof when those facts are either generally known or because they are readily ver­ifiable by reliable sources.
4. A procedure where judges with special expertise in a technical area can substitute their own knowledge for the testimony of an expert witness.

17. Counterclaim

1. A suit to recover for faulty workmanship in constructing a surface area in a kitchen.
2. A pleading consisting of different parts that must be counted.
3. A defendant’s claim against a plaintiff.
4. A third party’s claim to intervene in litigation between two other parties.

18. Attorney Work Product

1. Doctrine that protects the private thought processes of attorneys who are preparing notes for their clients’ cases.
2. A doctrine that allows the jury to see a lawyer’s notes.
3. Doctrine put forth by Gandhi holding that lawyers should not be paid more than other persons for their work and that lawyers should engage in manual as well as intellectual labor.

4. The rule that senior partners in a law firm carr force junior partners and associates to work on weekends.'  -

19. Plaintiff files its Complaint against Defendant on March 20. On March 25 of the same year,Defendant files its answer,responding in relevant part as follows; specifically denying the truth of Paragraph 4 of Plaintiffs Complaint; omitting any statement as to the truth or falsity of Paragraph 5 ; stating that it is without sufficient information to form a belief as to the truth or fal­sity of Paragraph 6 ;and specifically admitting the truth of Paragraph 7. The Defendant’s answer will be held, in relevant part, as follows;

1. A denial as to Paragraph 4 and admissions as to Paragraphs 5,6 ,and 7.
2. Denials as to Paragraphs 4,5 ,and 6 and an admission as to Paragraph 7.
3. Denials as to Paragraphs 4 and 5 and admissions as to Paragraphs 6 and 7.
4. Denials as to Paragraphs 4 and 6 and admissions as to Paragraphs 5 and 7.

20. Which of the following is NOT personal jurisdiction;

1. In Personam Juriscition
2. In Rem Jurisdiction
3. Quasi in Rem Jurisdiction
4. Supplemental Jurisdiction