Court Procedures

In a civil trial, which of the following governs all proceedings in federal district courts?

What is the primary purpose of the pleadings in a lawsuit?

According to the text, a complaint must contain which three elements?

What is the legal term for formally notifying a defendant of a lawsuit?

In federal courts, how much time does a defendant have to answer a complaint after being served with a summons?

What is the consequence if a defendant fails to deny an allegation in their answer to a complaint under the federal rules?

What is it called when a defendant, in their answer, admits the truth of the complaint but raises new facts to show they should not be held liable?

Which pretrial motion asks the court to decide the case based solely on the complaint and the answer, without any outside evidence?

What is the primary difference between a deposition and an interrogatory in the discovery process?

What is the purpose of a pretrial conference?

During jury selection (voir dire), what type of challenge allows an attorney to ask for a juror to be dismissed without providing a reason?

Which type of evidence is generally not admissible in court because it is defined as testimony about a statement made by someone else who was not under oath at the time?

What is the name of the motion a party can make at the conclusion of the plaintiff's case, arguing that the plaintiff has presented no evidence to support their claim?

What is the term for a posttrial motion that asks the judge to set aside the jury's verdict as unreasonable and erroneous and enter a judgment for the opposing party?

When an appellate court reviews a case, what does it typically focus on?

If an appellate court sends a case back to the trial court for further proceedings consistent with its opinion, what action has it taken?

What is a writ of execution used for?

Which type of attorney's fee is fixed as a percentage of a client's recovery in a personal-injury lawsuit?

In the case of Cruz v. Fagor America, Inc., how did the plaintiff, Cruz, serve the summons and complaint on the out-of-state corporation?

A motion for summary judgment will be granted by a court only if:

What is the typical range for contingency fees as a percentage of a client's recovery, according to the text?

What is the term for a defendant's claim against the plaintiff, which is included in the defendant's answer?

In the case Computer Task Group, Inc. v. Brotby, why did the appellate court uphold the lower court's entry of a default judgment against Brotby?

What is the term for the process of obtaining information from the opposing party or from witnesses prior to trial?

What does the Seventh Amendment to the U.S. Constitution guarantee in federal courts for cases at law?

What must an attorney provide to the court when challenging a prospective juror 'for cause'?

In the case Novak v. Tucows, Inc., why were the printouts of internet pages from the Wayback Machine considered inadmissible hearsay?

What is the questioning of a witness by the opposing attorney called, which takes place after the direct examination?

Under what condition will a judge grant a motion for a new trial?

What document must a party file with the trial court clerk to initiate the appeal process?

Under the FRCP, if a defendant agrees to waive formal service of process, how much additional time do they receive to respond to the complaint?

Which of the following is an example of electronic evidence, or e-evidence?

What is the primary purpose of a motion to strike, as described in Exhibit 3-4?

When is evidence considered relevant and thus potentially admissible in court?

What does a summons typically notify a defendant of?

Under what circumstances may a court grant a request for a physical or mental examination of a party during discovery?

What is the purpose of the exclusionary rule in criminal procedure?

After the plaintiff's attorney presents their case, the defense attorney presents their evidence. What can the plaintiff's attorney present after the defense has finished?

What is a major reason that an appellate court will not tamper with a trial court's finding of fact?

What is the Latin phrase 'non obstante veredicto' associated with?

What is the purpose of an opening statement at the beginning of a trial?

A default judgment may be entered against a defendant who fails to do what?

What is an appellate brief?

In the context of discovery, what are affidavits?

Under what circumstance would an appellate court be most likely to modify a lower court's decision?

What is a motion to compel discovery used for?

What term refers to the questioning of a witness by the attorney who called them to the stand?

According to the case study of Cruz v. Fagor America, Inc., what was the result of the appeal?

What does an appellate court review to make its decision?

Which of the following is NOT a procedural step in a criminal case, as outlined in Exhibit 9-3?