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This question pack looks at the terms and procedures relevant to the function of court, as well as different broad legal terminology.
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The discovery process in litigation generally includes which of the following?
The filing of pre‑trial motions
Requests for the production of written communications
The filing of pleadings
A motion by which the defendant in a trial argues that even if one were to admit that everything in the complaint is factually true, that does not lead to legal liability, is called a motion:
to dismiss for failure to state a cause of action.
for judgment on the pleadings.
to dismiss based on the statute of limitations.
for summary judgment.
At the trial stage of a legal case, which of the following can occur?
The case can be dismissed based on the statute of limitations.
The case can be dismissed for failure to state a cause of action.
The judge can issue a judgment notwithstanding the verdict.
Interrogatories may be submitted.
Negotiation, arbitration, and mediation are:
central to the pre‑trial phase of litigation.
part of the appeal process after trial.
methods of alternative dispute resolution.
all generally required in the litigation process.
An appellate court’s main duty is to:
take witness testimony.
review the facts of a case.
review the record of a case to determine legal errors.
accept evidence in a case.
Every federal court is a court of:
both general and limited jurisdiction.
In civil litigation, discovery is self‑executing, which means:
the parties implement discovery procedures on their own with little intervention from the court.
the court must issue an order requiring the other party to respond to discovery requests.
it is up to the party to whom a discovery request is made whether it will respond.
if problems arise in the discovery process that the parties cannot resolve, the court will not get involved.
Laws resulting from legislative enactment are categorized as:
The initial interview with an expert witness is essentially:
a cross‑examination of the witness.
a job interview.
an exploration of the facts upon which the expert bases his/her opinion.
an examination of the expert’s assumptions.
The purposes of ______________ proceedings are to determine the validity of a will, to collect and preserve the assets of the decedent, to pay from the estate all expenses and outstanding debts of the decedent, and to distribute the remaining assets to those who are entitled to receive them.
The results of an investigation:
must be made available to opposing counsel.
are protected by the ethical duty of confidentiality.
may be discussed with people not involved with the case.
must be disclosed to opposing parties.
Venue refers to:
a court’s authority to decide all types of cases.
the geographic location in which a trial should occur.
allowing additional claims and parties to be added to a pending federal case.
a court’s authority to reach a decision affecting a particular person or entity.
______________ is the process judges use when they analyze prior cases in order to determine whether precedents have been set in relation to the facts of a case they are currently working on.
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Course Designer: Kevin Moquin