Legal Nurse Consulting (Lesson 1) Well-enlightened

Acquittal correct answers An acquittal is a finding of not guilty, an absolution of guilt, or a verdict of not guilty made by a jury. Action correct answers A lawsuit brought in court is termed an action. Additur correct answers 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 answers To adjourn is to end or postpone to a later time. Adversarial Hearing correct answers 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 answers To uphold or establish is to affirm. Affirm Defenses correct answers New factual allegations by the defendant not contained in the plaintiff's allegationsconstitutes 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 answers 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. Appeal correct answers 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 answers 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 answers 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 answers An appellate court is a higher court within the same judicial system as the trial court that hears the appeal from the trial court.