Jurisdiction, Venue, Erie Doctrine & Choice of Law
Trial Practice, Appeals & Class Actions
100
The first pleading that is filed by a plaintiff is referred to as a(n)_______________.
What is a Complaint?
100
A witness who testifies about an event that he or she observed or has experienced firsthand is a(n) ________________.
What is an Eyewitness?
100
To ________ means to overturn the judgment of a lower court.
What is Reverse?
100
A person is ___________ in the state in which he has his current dwelling place and in which he intends to reside indefinitely.
What is domiciled?
100
_____________ is the method employed by the parties in a lawsuit to formally deliver papers (such as the complaint, answer, and motion papers) on the other parties and the court.
What is Service of process?
200
Sworn statements that are acknowledged by a notary public or another official authorized to administer such oaths and that attest to the existence of certain facts are __________________.
What is an Affidavit?
200
The act of listening attentively to the speaker's message and responding by giving appropriate feedback to show that you understand what the speaker is saying is known as _______________.
What is Active listening?
200
The questioning of a witness following the adverse party's cross-examination is a(n) ____________________.
What is a Redirect examination?
200
___________ refers to a judicial forum that is not as appropriate as another forum may be.
What is Forum non conveniens?
200
The doctrine of ___________ bars claims that have either been litigated or that could have been litigated from being litigated again.
What is res judicata?
300
A motion filed by the defendant in which the defendant asks the court to delete from the complaint certain of the paragraphs contained in the complaint that may be redundant or irrelevant to the action is a ________________.
What is a Motion to Strike?
300
Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question is _______________.
What is Circumstantial evidence?
300
A challenge to exclude a potential juror from serving on the jury without any supporting reason or cause is a(n) __________________.
What is a Peremptory challenge?
300
________________ gives a court the authority to determine title to property, but it is implicated when the claimants are known.
What is Quasi in rem jurisdiction?
300
A(n) ____________ is a type of judicial order from an upper level court to a lower court (for example, the U.S. Supreme Court to a U.S. Court of Appeal) to send the court record and related documents of a particular case to the higher court for its review.
What is writ of certiorari?
400
A pretrial question-and-answer proceeding in which the answers are given under oath and recorded is a(n) _______________.
What is a Deposition?
400
A type of question used to clarify a witness's statement or to keep him or her on track is called a(n) ________________.
What is a Closed-ended question?
400
A posttrial motion requesting that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable or erroneous is a(n) ___________________.
What is Motion for judgment notwithstanding the verdict?
400
_______________ is the Constitutional doctrine that provides, among other things, that a court may not assert jurisdiction over a party who has insufficient contacts with the state in which the court sits.
What is Substantive due process?
400
A(n) ______________ is a type of appeal that seeks the review of a temporary order (such as an injunction) that is related to a pending lawsuit.
What is interlocutory appeal?
500
In cases involving corporate defendants, the summons and complaint may be served on ____________________.
What is both an officer and a registered agent?
500
"Reflecting back" is a very effective listening technique for ________________.
What is Active listening?
500
A ________ puts in force a court's decree or judgment and allows the sheriff to seize and sell assets to satisfy the court's decree or judgment.
What is writ of execution?
500
____________ dictates that, in certain instances, state law must be applied to cases in federal court.
What is the Erie Doctrine?
500
____________ occurs when a third party enters into a lawsuit, usually to determine that party’s rights with regard to property at issue in the lawsuit.