Exam 4: Litigation

Following the closing arguments in a case,a judge acquaints a jury with the law applicable to the case.

All persons suing a drug company,alleging injuries from a product,constitute __________.

Briefly explain the deference given to trial courts by courts of appeal.

The verdict is always the final decision of a case entered by a judge.

Defendants usually bring in third-party defendants when there is someone who may have liability to a defendant if the defendant has liability to a plaintiff.

Each state has prescribed a time limit after which a suit cannot be filed,called a statute of limitations.

After an appeal gets rejected by an intermediate appellate court,the losing party may petition the highest court in the system for a(n)_____.

_____ means either that a case has been finally decided on appeal or that the time for appeal has expired and a cause of action finally determined by a competent court cannot be litigated by the parties in a new proceeding by the same court or in any other court.

When a defendant,upon being served,wants to sue a plaintiff,the defendant becomes a _____.

_____,a method of discovery,are a series of written questions presented to the opposing parties.

In civil cases,the _____ standard is achieved when there is greater weight of evidence in support of a proposition than there is against it.

Statutes that provide for the service of process beyond state boundaries are referred to as long-arm statutes.

A jury should treat anything said in an opening statement by an attorney as evidence when deciding the verdict of a trial.

A statute of limitations determines the maximum amount of money for which a plaintiff can sue.

For a plaintiff to establish that he or she has standing to sue,the plaintiff must allege __________.

What is the meaning of res judicata,and what is its effect?

Angelo files a lawsuit against Franz alleging that Franz damaged his property.Esther,a judge,has reviewed the case and believes that the lawsuit between Angelo and Franz completely lacks any merit.She is convinced that the suit should not continue.In this case,Esther is most likely to __________.

Discovery procedures lessen the burden on the judicial system.

Terrell files a complaint against Chad for negligence with the court clerk.After Terrell receives an answer from Chad in response to the summons,Terrell believes that he can win based solely on his original complaint and Chad's answer.In this case,Terrell is most likely to file a __________.

For a court to hear a plaintiff's case,the plaintiff must show the court that it has _____.