with Accurate Answers
Acquittal correct answer An acquittal is a finding of not guilty, an absolution of
guilt, or a verdict of not guilty made by a jury.
Action correct answer A lawsuit brought in court is termed an action.
Auditor correct answer Addition by the judge to the damage award provided by
the jury. The judge will tell the winning party that a new trial will be granted
unless the party agrees to add a certain amount to the damage award.
Adjourn correct answer To adjourn is to end or postpone to a later time.
Adversarial Hearing correct answer A hearing where both parties are present to
argue their respective positions is an adversarial hearing. This allows both sides in
the controversy a chance to be heard and represents the essence of the American
system of justice. The adversarial system places the burden of proving or
disproving legal arguments upon the parties in the litigation process rather than
on the judge.
Affirm correct answer To uphold or establish is to affirm.
Affirm Defenses correct answer New factual allegations by the defendant not
contained in the plaintiff's allegations constitutes an affirmative defense.
Affirmative defenses are usually contained in the defendant's answer to the
plaintiff's complaint. Common examples of affirmative defenses are contributory
negligence, assumption of the risk, and failure to state a claim upon which relief
can be granted.
,Answer correct answer The pleading filed by the defendant responding to or
answering the allegations of the plaintiff's complaint is an answer. An answer may
also contain defendant's affirmative defenses, cross claims, and counterclaims.
Appellee correct answer The party against whom the appeal is brought is the
appellee. Traditionally the party that was victorious in the trial court action is the
appellee.
Appeal correct answer An application to a higher court to correct or modify the
judgment of a lower court is an appeal. Appellate courts are traditionally supreme
courts and courts of appeals.
Appellant correct answer The party initiating the appeal is called the appellant.
Traditionally, the party that lost in the trial court becomes the appellant before
the appellate court.
Appellate Brief correct answer An appellate brief consists of a written argument
presented to the appeals court by the appellant indicating the issues on appeal
and the positions of the appellant on those issues relating to the claimed errors
and improprieties that occurred during the trial. Alleged trial court errors of
interpretation and application of law provide the basis for the appeal.
Appellate Court correct answer An appellate court is a higher court within the
same judicial system as the trial court that hears the appeal from the trial court.
Appellate Jurisdiction correct answer The power of a superior, appellate, court to
review and modify the decision made by an inferior, trial, court is appellate
jurisdiction.
, Arbitration correct answer The submission of a controversy to the judgment of
another whose decision may then be binding on both parties is arbitration.
Arbitration is one of many alternatives to litigation.
Attorney Work Product correct answer Attorney work product is material
collected and prepared for a case by counsel that is not subject to disclosure
through discovery by opposing counsel. Examples of material that is generally
protected by the attorney work product rule include correspondence between
the attorney and client as well as interoffice legal research memos and the trial
notebook.
Attorney-Client Privelege correct answer Under the attorney-client privilege, a
client can refuse to disclose any confidential communication made with the
client's attorney that relates to legal services. Also, the attorney cannot disclose
the communication without the permission of the client.
Authentication correct answer An attestation made by the proper officer, through
which the officer certifies that a record is in due form of law and that the person
who certifies it is the officer appointed to do so is termed an authentication of
that record.
Bar correct answer An organization responsible for promulgating rules regarding
attorneys is a bar association, as in the American Bar Association. Attorneys
collectively are called the bar, and judges collectively are called the bench.
Below correct answer An inferior or lower court below the appellate court
Bench correct answer The judges collectively constitute the bench.