Intro to Law and Legal - terms for 5 & 6.txt

Directs a witness to appear and testify in
court

Directs the sheriff to seize and sell the
property of a defendant who does not
voluntarily pay money damages
specified in a judgment

Prevents the compelling of testimony in
a criminal trial

Determines each juror's qualifications
for duty under the appropriate statute

Admissible hearsay evidence that
consists of a person's spontaneous
declarations uttered simultaneously with
the occurrence of an act

Demands that the court award money
damages or other remedies that the
plaintiff may seek

Disposes of controversies prior to trial
when the material facts cannot be
proved

A judge's decision after the close of
evidence that the case is so clear that
reasonable people could not disagree on
the result

Excludes evidence not proceeding from
the personal knowledge of the witness

Questions whether the parties to the case
must answer in writing and under oath

Exists when the government engages in
activity that is usually carried on by
private individuals or that is
commercial in character

A controversy already judicially decided

A case that will not be heard by the
courts because the questions no longer
involve the litigants before them

Exists when there is a relationship
between two people that allows one not
directly involved in the case to take the
place of the one who is a party

A fundamental principle of the common
law that a nation or state is exempt from
being sued without its express consent

Establishes that a legally sufficient
personal interest in a dispute exists,
entitling an individual or entity to bring
a lawsuit

Prevents a court from adjudicating a
claim when resolution impinges on the
executive or legislative branch of
government

A time period established by a
legislature within which an action must
be brought on claims or rights must be
enforced

A case that will not be heard by the
courts because one party is financing
and controlling both sides of the
litigation

Exists when the subject of a controversy
or government act has a direct adverse
effect on the party making the challenge

if a witness testifies without having been sworn, the testimony should be excluded on the grounds of
relevancey
materiality
competency
privilege

a trial attorney's opening statement contains which of the following
an esplanation of the facts
an explanation of the party's legal theories
an outline of how these theories will be proven
all of the above
none of the above

the defendant's constitutional privilege against self incrimination is located in which constitutional amendment?

a trial attorney uses a demurrer to:
challenge an attorney's discovery methods
question the competency of witnesses
challenge an improper direct examination
secure and impartial jury
none of the above

an attorney is entitled to ask leading questions when:
conducting direct examination of thier witness
conducting a redirect of their witness
impeaching a witness of the other
presenting her rebuttal evidence
none of the above

which of the following is an objectionable leading question:
under what circumstances did you last see the gun
did you visit the  defendant in the hospital
what is the basis of your expertise
how would you characterize the ambulance drive

a default judgement may be entered against a defendant who
has lost the case but failed to make payment
has been served properly with summons, then files a demurrer
has been served but fails to do anything
files a immaterial counterclaim against the plaintiff.

which is not a basis for an attorney's fee
hourly rate
retainer
percentage of damages recovered
lien

in the case of salmon v. atkinson they entered into an agreement that they will recieve 50% plus expenses unless they loose then they get nothing. this is called
retainer
hourly rate
contingent fee agreement
quanten meruit
none of the above

six weeks later salman fired the attorneys depriving them of their fee that they established. the atterneys are intitled to
retainer
hourly rate
what was provided in the contigency fee
quantum meruit fee

a retainer agreement would typicly include:
a statement of the period t. the a. was i.a.
specifies the sum of money
the work performed by the lawyer
all of the above
none of the above

in drunk driving case the lawyer would remove
woman whose son was killed by a d.d.
a nurse
someone who has served on a jury before
a store owner
none of the above only judge can remove.

the rules of civil procedure provide that parties to present expert witness test. disclose the identity of the ind. so that the witness can be deposed by opposing lawyer. the reason for this rule is
prevent suprise
promote effective x exam.
promote delay in conduct of the trial
all of the above

which of the following isn't a pleading
complaint
reply
answer
deposition

relevant evidence often excluded by the rule that excludes oral or written evidence of what some person said or wrote outside court to establish the truth of  of what was said or written is called
a leading question
privileged conversation
stare decisis
res judicata
hearsay evidence

a pretrial motion by teh defendant the concedes the truth of the facts in teh complaint but alleges that the plaintiff doesn't state a cause of action is called
a motion to striike
a motion to make a more definite statement
an answer
a denial
none of the above

a attorney may properly ask leading question:
on cross examination
during preliminary questioning
in a civil action on direct
all of the above
two of the above

the defendant's position is disclosed by an answer, which is sent to the plaintiff's attorney. the answer may contain which two:
denials of an allegation contained in complaint
defenses
counter claim

which of the following is not a pretrial motion
direct verdict
demurrer
summary judgement
motion to dismiss
two of the above

a defendant who files a demurrer admits plaintiff's contentions
but denies that legal relief is appropriate
and thus automaticly loses the case of the demurrer is denied
only for purposes of demurrer
but first files an answer in most situation