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

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Intro to Law and Legal - terms for 5 & 6.txt
2013-05-29 19:10:14

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  1. Directs a witness to appear and testify in
  2. Directs the sheriff to seize and sell the
    property of a defendant who does not
    voluntarily pay money damages
    specified in a judgment
  3. Prevents the compelling of testimony in
    a criminal trial
  4. Determines each juror's qualifications
    for duty under the appropriate statute
    voir dire
  5. Admissible hearsay evidence that
    consists of a person's spontaneous
    declarations uttered simultaneously with
    the occurrence of an act
    res gestae
  6. Demands that the court award money
    damages or other remedies that the
    plaintiff may seek
    prayer for relief
  7. Disposes of controversies prior to trial
    when the material facts cannot be
    summary judgment
  8. A judge's decision after the close of
    evidence that the case is so clear that
    reasonable people could not disagree on
    the result
    directed verdict
  9. Excludes evidence not proceeding from
    the personal knowledge of the witness
    hearsay rule
  10. Questions whether the parties to the case
    must answer in writing and under oath
  11. Exists when the government engages in
    activity that is usually carried on by
    private individuals or that is
    commercial in character
    proprietary function
  12. A controversy already judicially decided
    red judicata
  13. A case that will not be heard by the
    courts because the questions no longer
    involve the litigants before them
    moot case
  14. 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
  15. A fundamental principle of the common
    law that a nation or state is exempt from
    being sued without its express consent
    sovereign immunity
  16. Establishes that a legally sufficient
    personal interest in a dispute exists,
    entitling an individual or entity to bring
    a lawsuit
  17. Prevents a court from adjudicating a
    claim when resolution impinges on the
    executive or legislative branch of
    political question
  18. A time period established by a
    legislature within which an action must
    be brought on claims or rights must be
    statute of limitations
  19. A case that will not be heard by the
    courts because one party is financing
    and controlling both sides of the
    collusive case
  20. Exists when the subject of a controversy
    or government act has a direct adverse
    effect on the party making the challenge
  21. if a witness testifies without having been sworn, the testimony should be excluded on the grounds of
  22. 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
    all of the above
  23. the defendant's constitutional privilege against self incrimination is located in which constitutional amendment?
    fifth amendment
  24. 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
    none of the above
  25. 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
    none of the above
  26. 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
    under what circumstances did you last see the gun
  27. 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.
    has been served but fails to do anything
  28. which is not a basis for an attorney's fee
    hourly rate
    percentage of damages recovered
  29. 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
    hourly rate
    contingent fee agreement
    quanten meruit
    none of the above
    contingent fee agreement
  30. six weeks later salman fired the attorneys depriving them of their fee that they established. the atterneys are intitled to
    hourly rate
    what was provided in the contigency fee
    quantum meruit fee
    quantum meruit fee
  31. 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
    all of the above
  32. 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.
    woman whose son was killed by a d.d.
  33. 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
    all of the above
  34. which of the following isn't a pleading
  35. 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
    hearsay evidence
  36. 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
    none of the above
  37. 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
    on cross-examination
  38. 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
    counter claim
    denials of an allegation and counter claim
  39. which of the following is not a pretrial motion
    direct verdict
    summary judgement
    motion to dismiss
    two of the above
    direct verdict
  40. 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
    but denies that legal relief is appropriate and only for purposes of the demurrer