SPM 450 TEST 1 QUESTIONS WITH
VERIFIED ANSWERS [ GUARANTEED A +]
Legal Precedent - ✔✔When a court issues a decision, it establishes a precedent
that ordinarily guides the subsequent actions of all courts of equal or lower
stature with its jurisdiction on cases in which the facts and circumstances are
essentially similar to the previously decided case
writ of certiorari - ✔✔When someone wants the US Supreme Court to hear an
appeal from a decision in a lower court, the court is asked to certify if it is willing
to hear the case. The court receives many more requests than it can hear, so in
the majority of cases, it denies the certification. The term certiorari refers to the
certification or denial of the certification to hear the case.
Discovery - ✔✔a pre-trial procedure in a lawsuit in which each party, through the
law of civil procedure, can obtain evidence from the other party or parties by
, means of discovery devices such as interrogatories, requests for production of
documents, requests for admissions and depositions
Summary Judgement - ✔✔When the plaintiff has failed to present even some
amount of significant evidence to support one or more of the required elements,
the defendant's attorney may file a motion for summary judgement. If granted by
the judge, the plaintiff's case is thrown out of court with prejudice.
Burden of proof - ✔✔Refers to the obligation of providing evidence to prove a
particular element. Almost without exception, the plaintiff has this
Preponderance of evidence - ✔✔This is the standard of certainty required in
order to be found guilty of a civil wrong.
Beyond a reasonable doubt - ✔✔The standard of certainty required in order to be
found guilty of a crime.
Appeal - ✔✔At the conclusion of the first trial, a party who is dissatisfied with all
or part of the outcome can appeal the decision to a higher court if sufficient
grounds for appeal can be found. Grounds for appeal are generally procedural
errors made by the judge in the first trial.
Plaintiff - ✔✔The party complaining of some sort of injury
VERIFIED ANSWERS [ GUARANTEED A +]
Legal Precedent - ✔✔When a court issues a decision, it establishes a precedent
that ordinarily guides the subsequent actions of all courts of equal or lower
stature with its jurisdiction on cases in which the facts and circumstances are
essentially similar to the previously decided case
writ of certiorari - ✔✔When someone wants the US Supreme Court to hear an
appeal from a decision in a lower court, the court is asked to certify if it is willing
to hear the case. The court receives many more requests than it can hear, so in
the majority of cases, it denies the certification. The term certiorari refers to the
certification or denial of the certification to hear the case.
Discovery - ✔✔a pre-trial procedure in a lawsuit in which each party, through the
law of civil procedure, can obtain evidence from the other party or parties by
, means of discovery devices such as interrogatories, requests for production of
documents, requests for admissions and depositions
Summary Judgement - ✔✔When the plaintiff has failed to present even some
amount of significant evidence to support one or more of the required elements,
the defendant's attorney may file a motion for summary judgement. If granted by
the judge, the plaintiff's case is thrown out of court with prejudice.
Burden of proof - ✔✔Refers to the obligation of providing evidence to prove a
particular element. Almost without exception, the plaintiff has this
Preponderance of evidence - ✔✔This is the standard of certainty required in
order to be found guilty of a civil wrong.
Beyond a reasonable doubt - ✔✔The standard of certainty required in order to be
found guilty of a crime.
Appeal - ✔✔At the conclusion of the first trial, a party who is dissatisfied with all
or part of the outcome can appeal the decision to a higher court if sufficient
grounds for appeal can be found. Grounds for appeal are generally procedural
errors made by the judge in the first trial.
Plaintiff - ✔✔The party complaining of some sort of injury
