What is a deposition?
a method of discovery
part of the pleadings
written questions sent to a party
questions asked by the judge
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?
The pleading that is filed to start a legal action.
The pleading filed in response to a complaint.
The judge's opinion once the trial has been conducted.
Same as a motion for summary judgment
What is service of process?
The filing of pleadings
The way to begin a legal divorce proceeding.
Delivery of Legal Documents
The way that the defendant notifies the plaintiff of the lawsuit.
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 method to dismiss a lawsuit.
Circumstances that give a person the right to bring a lawsuit and to receive
relief from a court.
The court's ability to hear a lawsuit.
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:
Beyond a reasonable doubt
Clear and convincing proof
a scintilla of evidence
Preponderance of evidence
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:
Assumption of Risk
Last Clear Chance
Invasion of Privacy
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:
duty, breach of duty and mens rea
duty, breach of duty, causation and damages
breach of duty, damages, reasonable person and damages
Duty, breach of duty, reasonable person, damages and causation.
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.
Motion to dismiss
A Counter claim
Motion for Summary Judgment
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
lesser included offense
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.
Preponderance of the Evidence
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
to punish the defendant
to allow the plaintiff to recover for actual loss
to provide the plaintiff with recovery for lost wages
to pay the medical bills of the plaintiff