Civil Litigation & Trial Support Flashcards

What is 'voir dire' in a jury trial?

Answer: The process of questioning and selecting prospective jurors before trial

Voir dire is the process by which attorneys and the judge question prospective jurors to identify biases and determine their suitability to serve impartially on the jury.

What is a 'motion in limine' in civil trial practice?

Answer: A pre-trial motion asking the court to rule on the admissibility of certain evidence before trial

A motion in limine is a pre-trial motion asking the court to rule on whether certain evidence may be presented at trial, often used to exclude prejudicial or irrelevant evidence.

What is 'cross-examination' at trial?

Answer: Questioning of a witness by the opposing party's attorney following direct examination

Cross-examination is the questioning of a witness by the opposing attorney after direct examination, aimed at challenging credibility, testing accuracy, and eliciting favorable facts.

What is a 'judgment as a matter of law' (formerly called a directed verdict)?

Answer: A court ruling that the evidence is legally insufficient for a reasonable jury to find for the opposing party

A judgment as a matter of law is granted when the court determines that no reasonable jury could return a verdict for the opposing party based on the evidence presented.

What is a 'motion for a new trial' in civil litigation?

Answer: A post-trial motion requesting the court to vacate the judgment and conduct a new trial

A motion for a new trial is a post-trial motion asking the court to set aside the verdict and order a new trial, typically based on trial errors, newly discovered evidence, or jury misconduct.

What distinguishes 'direct examination' from 'cross-examination' at trial?

Answer: Direct examination is conducted by the attorney who called the witness; cross-examination is conducted by opposing counsel

Direct examination is conducted by the attorney who called the witness to elicit favorable testimony, while cross-examination is conducted by opposing counsel to challenge credibility and test the testimony.

What is the primary role of a legal professional in supporting civil trial preparation?

Answer: Assisting supervising attorneys by organizing case files, managing exhibits, and coordinating witnesses

Legal professionals support supervising attorneys in civil litigation by organizing case files, preparing and tracking trial exhibits, coordinating witness schedules, and handling administrative tasks essential to trial readiness.