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Interrogatories- CORRECT ANS>>Written questions sent by one side to the opposing side,
answered under oath.
Deposition- CORRECT ANS>>The pretrial oral questioning of a witness under oath.
Deponent- CORRECT ANS>>The person who is being asked questions at a deposition.
Request for admissions- CORRECT ANS>>A document that lists statements regarding specific
items for the other party to admit or deny.
Dismissal with prejudice- CORRECT ANS>>A court order that ends a lawsuit; the suit cannot
be refiled by the same parties.
Pretrial conference- CORRECT ANS>>A meeting of the attorneys and the judge prior to the
beginning of the trial.
Motion in limine- CORRECT ANS>>A request that the court order that certain information not
be mentioned in the presence of the jury.
Voir dire- CORRECT ANS>>An examination of a prospective juror to see if he or she is fit to
serve as a juror on a specific case.
Challenge for cause- CORRECT ANS>>A method for excusing a prospective juror based on the
juror's inability to serve in an unbiased manner.
Peremptory challenge- CORRECT ANS>>A method for excusing a prospective juror; no reason
need be given.
Direct examination- CORRECT ANS>>The questioning of your own witness.
,Leading question- CORRECT ANS>>The question that suggests the answer; generally, leading
questions may not be asked during direct examination of a witness.
Cross-examination- CORRECT ANS>>The questioning of an opposing witness.
Directed verdict- CORRECT ANS>>A verdict ordered by a trial judge if the plaintiff fails to
present a prima facie case or if the defendant fails to present a necessary defense.
Pattern jury instructions- CORRECT ANS>>A set of standardized jury instructions.
Verdict- CORRECT ANS>>The opinion of a jury on a question of fact.
Mistrial- CORRECT ANS>>A trial ended by the judge because of a major problem, such as a
prejudicial statement by one of the attorneys.
Judgment- CORRECT ANS>>The decision of the court regarding the claims of each side. It may
be based on a jury's verdict.
Writ of execution- CORRECT ANS>>A court order authorizing a sheriff to take property in
order to enforce a judgment.
Judgment notwithstanding the verdict (judgment N.O.V.)- CORRECT ANS>>A judgment that
reverses the verdict of the jury when the verdict had no reasonable factual support or was
contrary to law.
Motion for a new trial- CORRECT ANS>>A request that the court order a rehearing of a lawsuit
because irregularities, such as errors of the court or jury misconduct, make it probable that
an impartial trial did not occur.
Appellate brief- CORRECT ANS>>An attorney's written argument presented to an appeals
court, setting forth a statement of the law as it should be applied to the client's facts.
Clearly erroneous- CORRECT ANS>>Standard used by appellate courts when reviewing a trail
court's findings of fact.
, Harmless error- CORRECT ANS>>A trial court error that is not sufficient to warrant reversing
the decision.
Reversible error- CORRECT ANS>>An error made by the trial judge sufficiently serious to
warrant reversing the trial court's decision.
Affirm- CORRECT ANS>>When a higher court agrees with what a lower court has done.
Reverse- CORRECT ANS>>When an appellate court overturns or negates the decision of a
lower court.
Remand- CORRECT ANS>>When an appellate court sends a case back to the trial court for a
new trial or other action.
Rules of criminal procedure- CORRECT ANS>>Federal and state rules that regulate how
criminal proceedings are conducted.
Insanity defense- CORRECT ANS>>A defense requiring proof that the defendant was not
mentally responsible.
M'Naghten test- CORRECT ANS>>A test that provides that the defendant is not guilty due to
insanity if, at that time of the killing, the defendant suffered from a defect or disease of the
mind and could not understand whether the act was right or wrong.
Irresistible impulse test- CORRECT ANS>>A test that provides that the defendant is not guilty
due to insanity if, at the time of the killing, the defendant could not control his or her actions.
Substantial capacity test- CORRECT ANS>>Part of the Model Penal Code; a test that provides
that the defendant is not guilty due to insanity if, at the time of the killing, the defendant
lacked either the ability to understand that the act was wrong or the ability to control the
behavior.
Duress- CORRECT ANS>>A defense requiring proof that force or a threat of force was used to
cause a person to commit a criminal act.
Necessity- CORRECT ANS>>A defense requiring proof that the defendant was forced to take
an action to avoid a greater harm.