Exam 4: Litigation

A lawsuit that is totally lacking in merit is referred to as _____.

The party appealing is usually referred to as the appellant.

When a defendant wants to sue the plaintiff, the defendant files a counterclaim.

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

The burden of proof in most criminal cases is _____.

In addition to proving a case or controversy, what must the plaintiff prove to have standing to sue?

The only way to obtain personal jurisdiction over a defendant is to have them served with a summons.

Terrell is suing Chad. After he receives the answer, Terrell believes that he should win based solely on his original complaint and Chad's answer. Terrell should file a:

Discovery procedures are intended to be used freely by the parties to litigation without the court's direct supervision.

When might a third-party defendant be necessary in a trial, and what purpose dies this type of parry serve?

After the plaintiff has presented all of the evidence, the 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 has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.

What changes with the burdens of proof for civil and criminal cases? What must lawyers do differently in response to a weaker or stronger burden, and how could the burden affect the trial?

If the judge finds that the verdict is erroneous as a matter of law, she may enter a _____.

Typically, the least expensive method of discovery is to present interrogatories to the opposing parties.

Which of the following is a feature of appellate review?

Discuss the purposes of execution and garnishment in terms of post-judgment relief, and describe how the two differ.

Peremptory challenges may not be used to shape the gender makeup of a jury.

Alan committed a felony in Delaware, but has returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota, and is a respected citizen there. When the Delaware police locate Alan:

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