#1
What is the term for the initial document that starts a lawsuit?
Complaint
ExplanationThe document outlining the plaintiff's claims against the defendant.
#2
What is the purpose of the statute of limitations in civil litigation?
To establish deadlines for filing lawsuits
ExplanationIt sets the maximum time after an event within which legal proceedings may be initiated.
#3
What is the difference between civil and criminal litigation?
Civil cases involve private disputes, while criminal cases involve public offenses
ExplanationCivil litigation concerns disputes between private parties, whereas criminal litigation involves offenses against the state.
#4
What is the role of a deposition in civil litigation?
To gather sworn testimony outside of court
ExplanationIt allows parties to obtain testimony under oath before trial for use as evidence.
#5
What is the purpose of a motion to dismiss in civil litigation?
To request the court to rule in favor of a party without a full trial
ExplanationTo challenge the legal sufficiency of the opposing party's claims and seek a dismissal of the case.
#6
In civil litigation, what is the purpose of the discovery process?
To gather evidence and information
ExplanationTo allow both parties to obtain evidence and information from each other.
#7
What is the doctrine of res judicata?
A doctrine preventing relitigation of the same case
ExplanationIt prevents a case from being re-litigated once a final judgment has been reached.
#8
What does the term 'voir dire' refer to in the context of civil litigation?
The process of selecting a jury
ExplanationThe examination of potential jurors to determine their suitability for jury service.
#9
What is the collateral estoppel doctrine in civil litigation?
A doctrine preventing relitigation of specific issues
ExplanationIt prevents issues already litigated and decided from being re-litigated.
#10
What does the term 'judicial discretion' mean in the context of civil litigation?
The power of the judge to make decisions within legal bounds
ExplanationThe authority of a judge to make rulings based on their judgment and interpretation of the law.
#11
What is the doctrine of stare decisis and how does it apply in civil litigation?
A doctrine preventing relitigation of the same case
ExplanationIt obligates courts to follow precedent, ensuring consistency and stability in the law.
#12
In a civil trial, what is the burden of proof for the plaintiff?
Preponderance of the evidence
ExplanationThe plaintiff must prove their case by showing that it is more likely true than not.
#13
What is the role of a mediator in civil litigation?
To facilitate settlement discussions
ExplanationTo assist parties in reaching a mutually acceptable settlement outside of court.
#14
What is the role of amicus curiae in civil litigation?
To assist the court by offering additional information or perspectives
ExplanationTo provide expertise or insight to help the court decide complex legal issues.
#15
What is the 'burden of production' in civil litigation?
The responsibility to produce evidence
ExplanationThe obligation of a party to present sufficient evidence to support their claims or defenses.
#16
What is the purpose of a motion for summary judgment in civil litigation?
To request the court to rule in favor of a party without a full trial
ExplanationTo seek a decision from the court based on undisputed facts, avoiding the need for a trial.
#17
Explain the concept of attorney-client privilege and its significance in civil litigation.
It protects confidential communications between attorneys and clients
ExplanationIt ensures open communication between clients and their attorneys by keeping their discussions confidential.