Exam 4: Litigation

Members of a class must be given notice of the lawsuit; this notice must be given to all members of the class whose names and addresses can be found through _____.

Typically, the winner at the trial court level is called the _____ on appeal.

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

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

If the judge agrees with the decision of the jury, he will enter the _____.

After an appeal, the losing party may petition the highest court in the system for a/n _____.

One method of discovery, called depositions, involves written questions for the opposing parties to answer.

The person against whom a criminal charge is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondent.

Differentiate between a judgment notwithstanding the verdict and motion for judgment as a matter of law. When are they used?

Due process requires that a defendant must have certain minimum contacts with a state in order to be hailed into court under a long-arm statute.

The plaintiff in a civil case must prove his case beyond a reasonable doubt.

When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of:

What is the standard of review and how much deference do appellate judges give to findings by judges in the trial courts?

In a federal class-action law suit:

At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts.

Do you believe that class-action litigation should be reformed? Do you think that it is a fair means by which relatively vulnerable plaintiffs can get remuneration from powerful corporations, or an abuse of the judicial system by clever lawyers and overly-litigious citizens?

In recent years, the federal courts have developed a much higher standard for approving class-action settlements.

A series of written questions concerning the lawsuit sent to the opposing parties are known as:

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

What are some of the theoretical and actual purposes of discovery?