Exam 2: Overview of a Tort Case

Interrogatories are usually answered by or with the assistance of attorneys.

A verification must always accompany a complaint.

Counsel's failure to make the appropriate objections at trial can be remedied by counsel later making a motion for a new trial.

The purpose of is to impeach testimony given during direct examination.

If a party believes that a verdict was reached that was contrary to the evidence and to the law, he or she can move for a . If the party believes that errors were committed at trial, he or she can move for a .

The purpose of a motion in limine is to limit the number of questions that can be raised during voir dire.

A is a claim raised by the defendant against the plaintiff, while a is a claim raised by the defendant against a codefendant.

What are two possible motions a defendant might file in response to a complaint?

A plaintiff in a tort case has the burden of proving each element of his or her case by a _. If the defendant feels he or she has failed to meet this burden the defendant can move for a _.

What is the difference between a challenge for cause and a peremptory challenge?

A trial before a judge is referred to as a(n) .

A(n) indicates that the plaintiff has read his or her complaint and that it is, to the best of the plaintiff's knowledge, true.

Deposition testimony can be used to impeach a witness at trial but cannot be introduced at trial if the witness fails to appear.

If a party fails to respond to a request for admissions, those matters within that request will be deemed admitted at trial.

If a party decides that no material fact is at issue and that the case should be decided as a matter of law, he or she should file a(n) .

A demurrer is a motion stating that the court in which the complaint was filed lacks jurisdiction.

If a defendant wants to have the plaintiff examined by an independent physician, he or she can file a _.

What are the four elements of any complaint?

An attorney who wants to resolve an evidentiary issue before trial so that the matter is not brought to the attention of the jury should file a .

Before initiating a complaint, a plaintiff may want to send the defendant a(n) letter in which are detailed the reasons behind his or her claim as well as the plaintiff's expectations in terms of a settlement.