Legal Nurse Consulting (Lesson 1) Study Guide

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. Additur 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 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.