PA106- Midterm Review

What is a deposition?

The initial pleading in a civil action in which a plaintiff alleges a cause of action and asks that the wrong done him be remedied by the court is the:

An answer is?

What is service of process?

A means for providing a party with access to facts that are within the knowledge of the other side, to enable the party to better try the case is:

A counterclaim is a cause of action on which the defendant might have sued the plaintiff in a separate action.

What is a cause of action?

A defendant is not a type of claimant?

The judge decides whether or not to bring criminal charges against the defendant.

A counterclaim is the claim that a plaintiff files against a 3rd party to the lawsuit.

The degree of proof needed to convict a person of a criminal act:

The local newspaper deliberately wrote a false story about a shopkeeper, stating that he was a drunk. This is known as:

Fred Hunt walks into a Bromley elevator which stops six inches higher than the floor. The elevator has not been serviced in over ten years. Fred Hunt was in a hurry and ran into the elevator, not looking where he was going. Should the matter go to trial, the court will weigh the evidence comparing the negligence of the plaintiff with that of the defendant. This is known as:

A robbery is the felonious taking of money or anything of value from the person of another or from his presence, against his will, by force or by putting him in fear.

The elements of negligence are:

A person who brings a lawsuit:

The intentional and premeditated killing of a human being is:

The failure to do something that a reasonable person would do in the same circumstances is known as negligence.

A _______________________________ is a method of disposing of an action without further proceedings. Under the Federal Rules of Civil Procedure, and the rules of civil procedure of many states, a party against whom a claim, counterclaim or cross-claim is asserted, or against whom a declaratory judgment is sought, may file a motion for summary judgment seeking judgment in her favor if there is no genuine issue as to any material fact.

A thing so dangerous that if it causes injury the law may impose absolute liability even though there was no negligence is a dangerous instrumentality

In the law of negligence, a new or additional event that occurs subsequent to the original negligence and becomes the proximate cause of injury is :

Negligence per se is determined by the U.S. Supreme Court.

A ____________________________ is a criminal act within the crime for which a defendant has been indicted and for which the defendant may be convicted, so long as he is not convicted of the more serious offense and this is not considered double jeopardy

The intentional tort of _______________ is the unconsented touching or striking of one person by another, or by an object put in motion by him, with the intention of doing harm or giving offense

A general term for more serious crimes such as murder and robbery is

_______________________ is a minimal amount of suspicion supported by facts that are probably true.

A crime that cannot be committed without at the same time committing one or more other crimes is:

What is the purpose of punitive damages