Accident Lawyer Tips Legal Process and Court Procedures 1 — Questions and Answers
Question 1: What is 'discovery' in a personal injury lawsuit?
- The process of finding a new lawyer
- The pre-trial exchange of information and evidence between parties (Correct answer)
- The moment a judge decides your case
- The initial filing of the lawsuit
Correct answer: The pre-trial exchange of information and evidence between parties
Discovery allows both sides to gather facts through depositions, interrogatories, and document requests before trial.
Question 2: What is a 'deposition' in an accident lawsuit?
- A sworn out-of-court testimony recorded for use in litigation (Correct answer)
- A court order to pay damages
- A document filed to dismiss a case
- A written statement submitted to the judge only
Correct answer: A sworn out-of-court testimony recorded for use in litigation
Depositions are sworn oral testimony taken outside of court that can be used at trial to establish facts or impeach witnesses.
Question 3: What does 'burden of proof' mean in a civil accident case?
- The defendant must prove innocence beyond a reasonable doubt
- The plaintiff must prove the defendant's negligence by a preponderance of the evidence (Correct answer)
- Both parties must present equal amounts of evidence
- The judge carries the burden of finding facts
Correct answer: The plaintiff must prove the defendant's negligence by a preponderance of the evidence
In civil cases, the plaintiff must show it is more likely than not (over 50%) that the defendant's negligence caused the harm.
Question 4: What are 'interrogatories' in a personal injury case?
- Questions asked during a police interrogation
- Written questions that the opposing party must answer under oath (Correct answer)
- Questions posed during jury selection
- A judge's written questions to expert witnesses
Correct answer: Written questions that the opposing party must answer under oath
Interrogatories are formal written questions exchanged during discovery that must be answered under penalty of perjury.
Question 5: What is a 'motion for summary judgment' in an accident case?
- A request to speed up the trial date
- A request asking the court to rule in one party's favor without a trial because no genuine dispute of fact exists (Correct answer)
- A motion to dismiss the case for lack of evidence
- A request for the judge to summarize the law for the jury
Correct answer: A request asking the court to rule in one party's favor without a trial because no genuine dispute of fact exists
Summary judgment is granted when there are no disputed facts and one party is entitled to win as a matter of law.
Question 6: What is 'voir dire' in an accident lawsuit trial?
- The final closing argument by attorneys
- The process of questioning and selecting jurors (Correct answer)
- A French term for the judge's written decision
- The swearing-in ceremony for witnesses
Correct answer: The process of questioning and selecting jurors
Voir dire is the jury selection process where attorneys question prospective jurors to identify bias and select a fair panel.
Accident Lawyer Tips Legal Process and Court Procedures 1
What is 'discovery' in a personal injury lawsuit?