NVRA STUDY GUIDE (copy)

Attributes of a professional reporter.

confidentiality and punctuality

According to the Federal Rules of Civil Procedure, what must a witness who is requesting to read and sign the transcript do?

The witness must sign a statement listing the changes in form or substance and the reasons for making them.

What is an ex parte proceeding?

A proceeding in which all parties are not present or given the opportunity to be heard.

What is an errata page?

A statement signed by the deponent listing changes in the form or substance of his testimony and the reasons for making such changes.

According to the Federal Rules of Civil Procedure, what must a reporter attest to on the certificate page?

The transcript is true and accurate of the material reported on the date set forth.

Involuntary, rapid, horizontal, vertical, rotary, or mixed movements of the eyeball.

Nystagmus.

Role of a grand jury.

To determine probable cause.

Criminal sentences that must be served one after the other rather than at the same time.

Consecutive.

Money a party receives as compensation for a legal wrong.

Damages.

Rights accrued to the owner of land on the banks of a waterway.

Riparian.

Definition of "venue".

The place where the trial takes place.

"to remove unhealthy tissue"

Debridement.

"encumbrance"

A mortgage on property.

"movement that draws the body part toward the midline of the body"

Adduction.

"an abnormal condition of the vertebrae or spinal column"

Spondylosis.

Roman Numerals 1-10

I, II, III, IV, V, VI, VII, VIII, IX, X

Roman Numerals 20-90

XX, XXX, XL, L, LX, LXX, LXXX, XC

Roman Numerals 100-900

C, CC, CCC, CD, D, DC, DCC, DCCC, CM

Roman Numerals 1,000-3,000

M, MM, MMM

MMXVI

2016 = MMXVI

Bill of Rights, 1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition.

Bill of Rights, 2nd Amendment

Right to keep and bear arms.

Bill of Rights, 3rd Amendment

Protection from quartering of soldiers.

Bill of Rights, 4th Amendment

Protection from unreasonable search and seizure.

Bill of Rights, 5th Amendment

Right to due process of law, freedom from self-incrimination, double jeopardy.

Bill of Rights, 6th Amendment

Right to a speedy and public trial by impartial jury; right to counsel.

Bill of Rights, 7th Amendment

Civil trial by jury.

Bill of Rights, 8th Amendment

Prohibits cruel and unusual punishment; excessive bail.

Bill of Rights, 9th Amendment

Protection of rights not specifically enumerated in the Constitution.

abscond

To depart secretly or suddenly; to conceal oneself.

affiant

One who makes an affidavit. (i.e. deponent)

arraignment

in criminal law, the calling of the accused before the Court to answer to the charge.

a vinculo matrimonii

from the bond of marriage, of a divorce.

bona fide

good faith, honesty.

brief

the document that counsel files with the court as the basis for arguing a case.

burden of proof

the duty that falls upon a party to prove a fact affirmatively.

codicil

a supplement/addition to a will; modifying/explaining/qualifying a will; once admitted to probate, becomes part of the will itself.

corpus delecti

the body of the crime.

deposition

testimony taken under oath, outside of the courtroom, with a court reporter and both sides of counsel present for the purpose of cross-examination.

direct evidence

offered by eyewitnesses.

circumstantial evidence

drawn from conclusions, but does not establish a fact by itself.

except

to object.

felony

a serious crime punishable by imprisonment.

hypothetical

a trial device that solicits an expert witness's opinion based on assumptions treated as facts established by evidence.

injunction

a court order prohibiting some action.

interrogatory

written questions submitted to an opposing party in a lawsuit as part of discovery; written answers must be returned under oath.

ipso facto

by the fact itself.

letters testamentary

the instrument by which a probate court approves the appointment of an executor under a will and authorizes them to administer the estate.

mitigate

to make less severe.

non sui juris

not of one's own right; lacking legal age or capacity.

pecuniary

of or relating to money.

quid pro quo

one equivalent for another.

remand

to send back to custody.

subpoena

court order to appear under penalty or pain.

subpoena duces tecum

ordering a witness to appear and bring specified documents.

The United States Supreme Court has…

9 justices.

Federal Court Justices are appointed…

for life.

A jury in a civil action is…

judge of the facts only.

A caption with "et al." indicates…

there is more than one defendant.

Recognized authority on the conduct of meetings, etc.

Roberts' Rules of Order

Windows File Explorer

view/manage file settings (Windows button + E)

caveat

warning

ancillary

(auxiliary) supplemental; providing necessary support.

anachronism

out of date

The burden of proof in a trial refers to the…

amount and quality of the evidence.

credence

belief

antitrust laws

federal/state statutes to protect trade/commerce from unlawful business practices like monopolies and price fixing.

certificate page

last page in a transcript; dated & signed by the court reporter, attesting to the truth & accuracy.

certified question

a question taken from a deposition, transcribed by the reporter, and taken to a judge for a ruling.

Civil Trial Timeline

jury selection -> opening statements -> examination of witnesses -> examination of physical evidence -> plaintiff rests -> motion for directed verdict -> defendant's case in chief -> defendant rests -> plaintiff's rebuttal -> defendant's surrebuttal -> closing arguments -> jury instructions -> jury deliberation -> entry of judgement verdict.

motion for directed verdict

asks the court to issue a verdict before the case is submitted to the jury, arguing that no reasonable jury could find for the opposing party. Can be submitted by either party.

case-in-chief

the evidence that one party presents during trial in support or defense of a claim.

surrebuttal

rebuttal to one side's rebuttal

Criminal Trial Timeline

jury selection -> opening statements -> plaintiff's case-in-chief -> defense's case-in-chief -> prosecution rebuttal -> defense surrebuttal -> closing arguments -> jury instructions -> jury deliberation -> polling of jury.

Polling of a jury

after a jury's verdict has been announced, at the request of either party, the judge may ask each juror to confirm their individual verdict and to confirm the jury's collective verdict.

Transcript Elements

title, index, stipulations, body, exhibits, certificate.

errata page

a page where the deponent can correct any errors they claim are present in the transcript.

exhibit

physical evidence presented to support testimony or introduce new evidence.

Federal Code of Civil Procedure Rule 30

(Depositions Upon Oral Examination) establishes pertinent rules to the taking of depositions.

swearing the witness

via oath or affirmation

protective order

A court order to protect a person from further harassment, service of process, or discovery (producing documents or answers to interrogatories) that are considered oppressive or burdensome.

service of process

giving notice to the court and the parties of the lawsuit of initial legal action in a lawsuit; the formal delivery of pertinent documents (the complaint and/or summons) to the defendant.

reporter's worksheet

form that is completed at the time of the proceeding or from the reporter's notes, including date, time, location, appearances, exhibits, and witnesses.

rough draft transcript

not fully edited; includes a disclaimer and header/footer indicating rough draft; does not include title/appearance/certificate page.

style of the deposition (caption or heading)

includes the names of the parties, the venue, and the case number.

voir dire

speak the truth; jury selection; can also refer to the examination of expert witnesses as to their competency/qualifications.

witness setup

refers to the information that appears between the time a witness is called and when they begin testimony: the calling of the witness, the oath, their name, who called the witness, whether they are the plaintiff or defendant, their name/addressed if asked for the record.

abeyance

(estate law) a lapse in succession in which there is no person in whom the title is vested.

abstract of title

essential information showing the chain of title to real estate and the facts that bear upon its marketability.

ad damnum

the clause of a writ (declaration) claiming damages.

ad hoc

for only the particular case at hand.

adjudication

the rendering of a decision.

ad litem

for the purposes of the suit.

affirmation

formal assertion that the affidavit is true; that the witness will tell the truth; substituted in place of an oath.

a fortiori

with greater reason or more convincing force.

aliunde

from another source.

allegation

claim of fact made by a party in a pleading.

allocution

the court's inquiry as to whether the accused has any legal cause to show why judgment should not be pronounced against them on a verdict of conviction.

amicus curiae

friend of the court; one who volunteers information with the court's permission.

annotations

case summaries that are not official, but explain the statutes.