Deck 2: Overview of a Tort Case

Question 1

During a process known as , the judge instructs the jury on the rules of law to be applied after which the jury will be requested to render a or verdict.

Answer 1

charging the jury, general, special

Question 2

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 .

Answer 2

judgment notwithstanding the verdict, new trial

Question 3

are written questions submitted to an opposing party, while a(n) is an oral examination of a witness under oath.

Answer 3

Interrogatories, deposition

Question 4

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

Question 5

A party can file a motion when the opposing party requests information that is privileged and can file a motion when the opposing party refuses to reveal discoverable information.

Question 6

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 .

Question 7

If a defendant fails to take any action in opposition to a complaint being served, the plaintiff may be able to get a _.

Question 8

If a defendant raises a(n) defense, he or she has the burden of proving that defense.

Question 9

In some states a motion for failure to state a claim upon which relief can be granted is referred to as a(n) .

Question 10

A complaint must establish the basis for the court's jurisdiction.

Question 11

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.

Question 12

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 _.

Question 13

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

Question 14

An attorney gives an overview of his or her case and establishes the theme for the case during , and tries to persuade the jury to find in his or her client's behalf during .

Question 15

The purpose of a is to promote settlement of cases and to make arrangements for the orderly presentation of witnesses and exhibits.

Question 16

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

Question 17

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.

Question 18

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) .

Question 19

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

Question 20

Once all appeals have been considered and completed, any issues litigated are considered , in that they cannot be relitigated at a later date.

Question 21

A party that believes a verdict is unsupported by the evidence presented at trial may move for a judgment notwithstanding the verdict.

Question 22

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

Question 23

One of the reasons behind a pretrial conference is to clarify the issues and defenses to be raised at trial.

Question 24

Attorneys give relatively little attention to jury instructions because they have little impact on the outcome of a case.

Question 25

To rebut a motion for summary judgment, a party must merely allege that a factual dispute does indeed exist.

Question 26

A jury that is asked to deliver a general verdict must provide answers to interrogatories in addition to rendering a verdict.

Question 27

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

Question 28

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

Question 29

The majority of jurors decide the outcome of a case during opening statements.

Question 30

The philosophy underlying res judicata is that everyone must be given ample opportunity to make arguments before the courts.

Question 31

In what circumstances might one opt to use interrogatories?

Question 32

A verification must always accompany a complaint.

Question 33

One purpose of discovery is to promote the equitable settlement of cases.

Question 34

If a party believes that the opposing party has failed to meet its burden of proof at trial, it will move for a summary judgment.

Question 35

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

Question 36

An attorney has an unlimited number of peremptory challenges.

Question 37

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

Question 38

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

Question 39

What are the four elements of any complaint?

Question 40

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

Question 41

In what circumstances might one opt to take a deposition?

Question 42

What is the purpose of making a motion for a directed verdict?

Question 43

What is the difference between a general verdict and a special verdict?

Question 44

What is the purpose of filing a motion for summary judgment?

Question 45

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