Civil Litigation Practice Questions And Practical Answers A+ Score.
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Course
CIVIL SUIT
Institution
CIVIL SUIT
(1) Civil Lit - correct answer the process of resolving private disputes through the court system
trial - correct answer the process of deciding a case (giving evidence, making arguments, deciding by a judge and jury, etc.)which occurs if the dispute is not resolved by pleadings, pretr...
Civil Litigation
(1) Civil Lit - correct answer the process of resolving private disputes through the court system
trial - correct answer the process of deciding a case (giving evidence, making arguments, deciding by
a judge and jury, etc.)which occurs if the dispute is not resolved by pleadings, pretrial motions, or
settlement. A trial usually takes place in an open court, and may be followed by a judgment, an appeal,
and so on.
Substantive law - correct answer the basic law of rights and duties ( contract law, accident law,
criminal law, law of wills, etc.) as opposed to procedure law ( law of pleading. law of evidence, law of
jurisdiction, etc.)
Procedural law - correct answer the rules of carrying on a criminal lawsuit or a criminal case how to
enforce rights in court) as opposed to substantive law ( the law of the rights and duties of themselves)
criminal law - correct answer having to do with the law of crimes and illegal conduct
criminal procedure - correct answer the procedure by which a person accused of a crime is brought to
trial and given punishment
civil procedure - correct answer the laws and rules that govern how non criminal lawsuits are handled
by the individuals involved and by the court
civil laws - correct answer laws dealing with private disputes between parties
plaintiff - correct answer a person who brings ( starts) a lawsuit against another person
defendant - correct answer the person against whom a legal action is brought. this legal action may
be civil or criminal
,complaint - correct answer a written request to a court asking that it take a particular action. in some
states the word is limited to written requests made when there is no other side in a case; in some states,
"petition" is used in place of "complaint" (the first pleading in a lawsuit).
answer - correct answer the first pleading by the defendant in a lawsuit. this pleading responds to the
charges and demands of the plaintiffs complaint. the defendant may deny the plaintiffs charges, may
present new facts to defeat them, or may show why the plaintiffs facts are legally invalid
default - correct answer failure to take a required step in a lawsuit. for example failure to file a paper
on time. such default can sometimes lead to a "default judgment" against the side failing to file the
paper.
judgement - correct answer the official decision of a court about the rights and claims of each side in
a lawsuit, " judgment" usually refers to a final decision that is based on the facts of the case and made at
the end of a trial. it is called a Judgment on the merits.
discovery - correct answer the formal and informal exchange of information between to sides in a
lawsuit. two types of discovery are interrogators and depositions
motion - correct answer a request that a judge make a ruling or take some other action. motions are
either granted or denied by the judge.
write of execution - correct answer a judges order requires that something be done outside the
courtroom or authorizing it to be done. for example, a writ of execution orders a court official to take
debtors property to pay court-decided debt, usually by holding an execution sale.
alternative dispute resolution (ADR) - correct answer ways to resolve legal problems without a court
decision; for example, arbitration, mediation, minitrial, rent-a-judge, or summary jury trial
negotiation - correct answer 1. discuss, arrange, or bargain about a business deal.
2. discuss a compromise to a situation.
settlement - correct answer to come to an argument about a price, debt, payment of a debt, or a
disposition of a lawsuit
, mediation - correct answer outside help in settling a dispute. the person who does this is called a
mediator. this is different from arbitration in that a mediator persuade, not force, people into a
settlement.
mediator - correct answer the person who helps a dispute through mediation
arbitration - correct answer resolution of a dispute by a person (other than a judge) whose decision is
binding. this person is called a arbitrator. submission of the dispute for decision is often the result of an
agreement ( an arbitration clause) in a contract. if arbitration is required by law, it is called compulsory.
arbitrator - correct answer the person who resolves a dispute in an arbitration hearing.
primary sources - correct answer books that contain the actual law ( i.e., case reporters, codes,
constitutions)
2. writings about the law, such as articles, treatises, and encyclopedia
local rules of court - correct answer rules that are adopted by individual courts and apply only in
those courts
form books - correct answer books containing sample forms for legal professionals to follow in
preparing pleadings and other documents
cloud computing - correct answer electronic file storage where files are stored on the internet rather
than on the office computer.
(3) cause of action - correct answer 1. facts sufficient to support a valid lawsuit
2. the legal theory upon which a lawsuit ("action") is based.
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