Week 7

Question 1

Affidavit

Answer 1

Testimony of a witness

Question 2

Affirmative Defense

Answer 2

The defendant is saying, in effect, that even if all the plaintiff’s allegations are true, they do not amount to a legal claim that can be heard by the court.

Question 3

Allegation

Answer 3

Evidence of facts according to the plaintiff included in the complaint.

Question 4

Answer

Answer 4

Response of the defendant.

Question 5

Chain of Custody

Answer 5

Legal record/documentation of every transit for a piece of evidence to ensure it hasn’t been tampered with & is still authentic/relevant.

Question 6

Complaint

Answer 6

Must state the nature of the plaintiff’s claim, the jurisdiction of the court, and the nature of the relief that is being asked for.

Question 7

Counterclaim

Answer 7

The answer may be coupled with a counterclaim against the plaintiff.

Question 8

Cross-Claim

Answer 8

A pleading may state as a crossclaim any claim by one party against a coparty. (codefendant or co-plaintiff)

Question 9

Default Judgment

Answer 9

If the defendant fails to answer the complaint, the court can enter a default judgment, awarding the plaintiff what he seeks.

Question 10

Deponent

Answer 10

When a witness is subjected to a deposition.

Question 11

Deposition

Answer 11

A deposition is a live question-and-answer session at which the witness answers questions put to him by one of the parties’ lawyers. His answers are recorded verbatim and may be used at trial.

Question 12

Deposition Transcript

Answer 12

The witness answers questions from the lawyer under oath, in the presence of a court reporter, who produces a word-for-word account called a transcript.

Question 13

Discovery

Answer 13

Where each party tries to get as much information out of the other party as the rules allow.

Question 14

Discovery Plan

Answer 14

Assembling evidence & preparing to call witnesses.

Question 15

Docket

Answer 15

All documents included in a case that reflect the history of the case, including the case number.

Question 16

E-Filing System

Answer 16

The E-filing system allows patrons to file case documents online rather than having to go to the courthouse.

Question 17

Federal Rules of Civil Procedure

Answer 17

The federal courts follow the Federal Rules of Civil Procedure.

Question 18

Impeach

Answer 18

To discredit a witness’s testimony or the validity of evidence for purposes of conviction.

Question 19

Interrogatories

Answer 19

Requests for documents.

Question 20

Judgment

Answer 20

The judge will also make a judgment as to what relief or remedy should be given.

Question 21

Judicial Economy

Answer 21

The preservation of judicial resources, for example-To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute.

Question 22

Memorandum of Law

Answer 22

Lawyers may use a memorandum of the law in their closing arguments to remind the jury of a law that inhibits them from ruling against their client.

Question 23

Motion

Answer 23

Requests to the judge.

Question 24

Motion for Summary Judgment

Answer 24

Motion to dismiss because if there is no triable question of fact or law, there is no reason to have a trial.

Question 25

Motion to Dismiss

Answer 25

The defendant can move to dismiss the complaint (file a motion to dismiss) on the grounds that the plaintiff failed to “state a claim on which relief can be granted,” or on the basis that there is no subject matter jurisdiction for the court chosen by the plaintiff, or on the basis that there is no personal jurisdiction over the defendant.

Question 26

Pleadings

Answer 26

The first papers filed in a lawsuit are called the pleadings. These include the plaintiff’s complaint and then (usually after thirty or more days) the answer or response from the defendant.

Question 27

Prayer for Relief

Answer 27

What is being asked for in the complaint (usually an award of money, but sometimes an injunction, or a declaration of legal rights).

Question 28

Privileged Information

Answer 28

By applying rules of evidence, the judge determines which information may be presented in the courtroom.

Question 29

Return of service form

Answer 29

Proof that defendant was properly “served” to verify that their rights haven’t been violated and they have an equal opportunity to defend themselves.

Question 30

Service of Process

Answer 30

To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.

Question 31

Subpoena

Answer 31

In a situation where documents may not be readily accessible they can be requested by a subpoena or to request a witness.

Question 32

Summons

Answer 32

Summons are usually accompanied with complaints and provide that the defendant was given notice of the case.

Question 33

Supporting Affidavit

Answer 33

Written legal documents that support a testimony.

Question 34

Witness

Answer 34

Answers questions from the lawyer(s) under oath.