final judicial process exam

What is a Complaint?

A legal document filed by the plaintiff that starts a lawsuit and states the claims against the defendant.

What is an Answer?

The defendant’s written response to the complaint, admitting or denying allegations.

What is an Affirmative Defense?

A defense where the defendant introduces new facts to avoid liability even if the claim is true

What is a Motion?

A formal request asking the court to make a ruling or take action.

What does Ex Parte mean?

A legal action or motion brought by one party without the other party present.

What is Discovery?

The process where both sides exchange information and evidence before trial.

What is a Deposition?

Sworn, out-of-court testimony recorded before trial

What is an Admission?

A voluntary statement by a party acknowledging a fact.

What is a Stipulation?

A binding agreement between both parties about certain facts.

What are the 4 methods to prove a fact?

Admission, Judicial Notice, Presumption, Evidence

What is Judicial Notice?

Accepting a fact as true without formal evidence because it is undisputed.

What is a Presumption?

A rule that assumes a fact is true once another fact is proven.

What is Evidence?

Any material, testimony, or object used to prove or disprove a fact

What makes evidence admissible?

The 3 Rs: Relevant, Reliable, Real

What is Relevant evidence?

Evidence that makes a fact more or less likely to be true.

What is Reliable evidence?

Evidence that is trustworthy and can be verified.

What is Real evidence?

Physical evidence that is authentic and genuine.

What is Hearsay?

An out-of-court statement offered to prove the truth of the matter asserted (generally inadmissible)

What is a Judgment?

The court’s final decision resolving the dispute.

What is a Judgment Creditor?

The party who wins and is owed money.

What is a Judgment Debtor?

The party who loses and must pay

What is Execution of Judgment?

The process of enforcing a court’s judgment

What is a Writ of Execution?

A court order allowing seizure of property to satisfy a judgment

What is Garnishment?

Taking money (usually wages) from a third party to pay a debt.

What is a Garnishee?

The third party holding money for the debtor.

What is a Lien?

A legal claim on property to secure payment of a debt.

What is Foreclosure?

Selling property to satisfy a debt.

What is a Cross-Appeal?

When the appellee also appeals part of the decision.

What is the Record on Appeal?

The official trial transcript and documents sent to the appellate court

What is a Bond (Appeal Bond)?

Money posted to delay enforcement of a judgment during appeal.

Who is the Appellant?

The party who lost at trial and is appealing.

Who is the Appellee?

The party who won at trial and defends the decision.

What does it mean to Affirm?

The appellate court agrees with the lower court.

What does it mean to Reverse?

The appellate court disagrees and overturns the decision.

What does it mean to Remand?

The case is sent back to the lower court for further action.

: What is a Majority Opinion?

The opinion agreed upon by most judges

What is a Dissenting Opinion?

A judge disagrees with the majority decision.

What is a Concurring Opinion?

A judge agrees with the outcome but for different reasons

What is a Per Curiam Opinion?

A unanimous decision issued collectively by the court.

What is Summary Judgment?

A pretrial motion asking the judge to decide the case because there are no major facts in dispute and one side is entitled to win as a matter of law.

What is Motion for Default Judgment?

A motion asking the court to rule against a party because they failed to respond or appear.

What is Judgment on the Pleadings?

A motion asking the court to decide the case based only on the complaint and answer, without going to trial.

What is JNOV / Judgment Notwithstanding the Verdict?

A post-trial motion asking the judge to overturn the jury’s verdict because no reasonable jury could have reached that decision.

What is Motion for New Trial?

A post-trial motion asking the court to redo the trial because of a serious error, unfairness, or problem during the first trial.

What is Motion for Relief from Judgment?

A motion asking the court to excuse a party from a final judgment due to reasons like mistake, newly discovered evidence, fraud, or other serious issues.

What is Motion to Vacate?

A motion asking the court to cancel or set aside a judgment or order.

What is an Opening Statement?

A preview of the case where each side outlines what they intend to prove at trial.

Who presents first at trial?

The plaintiff presents their case first, then the defendant

: What is a Closing Statement?

Each side summarizes their case and argues why they should win.

Who decides the verdict vs. judgment?

jury = verdict, Judge = judgment.

What is a Debtor’s Exam?

A legal process where the debtor is questioned under oath about assets.

What is Attachment?

A court order freezing or seizing a debtor’s bank account.

What is a Certificate of Judgment?

A document proving the plaintiff won the case.

When does a judgment become dormant?

After 5 years

What is the Full Faith and Credit Clause?What is the Full Faith and Credit Clause?

A judgment in one state must be recognized in other states.

What is a Brief?

A written argument explaining errors made by the lower court.

What is a Stay?

A delay that stops enforcement of a judgment during appeal

How long do you have to appeal

Typically 30 days.

What is the role of a Law Clerk?

Assists judges by researching and drafting opinions

What is the purpose of Appellate Courts?

To correct errors made by lower courts and apply precedent.

What influences appellate decisions?

Policy preferences, group preferences, and legal environment.

What is a Pleading?

Formal written statements of each party’s claims and defenses.