Exam 4: Litigation

After a plaintiff has presented his or her evidence in a trial,a defendant may make a motion for _____,which is granted if the evidence,taken in the light most favorable to the plaintiff,establishes as a matter of law that the defendant is entitled to a verdict.

Each state prescribes its own appellate procedure and determines the jurisdiction of its various reviewing courts.

Evidence in the form of a sworn statement is called a summons.

The party to a case who files a civil action is called the _____.

When a defendant who has been served wants to sue a plaintiff,the plaintiff becomes a _____.

In a state court,the party who is dissatisfied with a jury's verdict is most likely to file a posttrial motion with the judge seeking _____.

The only way for a court to obtain personal jurisdiction over a defendant is to have that person served with a summons.

Briefly describe how execution and garnishment are used as enforcement mechanisms after the judgment has been delivered.

In Batson v.Kentucky,the U.S.Supreme Court outlawed discrimination on the basis of _____ in jury selection.

What are the two meanings of the term burden of proof?

Which of the following statements is true of taking depositions?

The party who receives the adverse judgment in a trial may file a motion for a new trial.

It is fairly common for both a plaintiff and defendant to attach a series of interrogatories to their respective pleadings.

Long-arm statutes do not authorize out-of-state service of process in all cases.

A police officer pulls over Megan for speeding.Despite being cooperative,non-threatening,and sober,the police officer orders her to get out of the car and frisks her.He finds a small packet of marijuana in her pocket.This search and seizure is illegal.After she is arrested,her attorney wants to suppress the discovery of marijuana in Megan's possession as the search by the police officer was illegal.In this case,Megan's attorney is most likely to file a __________.

What are some of the criticisms against peremptory challenges?

In a federal court,the party who is dissatisfied with a jury's verdict is limited to filing a posttrial motion with the judge seeking a judgment notwithstanding the verdict.

When the result of a lawsuit at the trial court level is appealed,the successful party in the trial court is called the _____.

Eli,a resident of New York,wants to sue Tony,a resident of Texas,for trespassing against Eli's property in New York.To obtain personal jurisdiction over Tony under a long-arm statute,the New York court must find that __________.

Only a defendant can challenge or excuse a prospective juror for a specific cause or reason.