CRI Legal Terminology & Procedures 2 — Questions and Answers
Question 1: In court reporting, what does the term 'voir dire' refer to?
- A preliminary examination of a witness or juror to assess competency (Correct answer)
- The final closing argument by the defense attorney
- A motion to suppress evidence obtained illegally
- The reading of the verdict by the jury foreperson
Correct answer: A preliminary examination of a witness or juror to assess competency
Voir dire is a preliminary examination conducted by the judge or attorneys to determine the qualifications of a witness or juror.
Question 2: What is a 'writ of mandamus'?
- A court order compelling a government official or lower court to perform a duty (Correct answer)
- A warrant authorizing the search of private property
- A document transferring jurisdiction between courts
- An order to release a prisoner from custody
Correct answer: A court order compelling a government official or lower court to perform a duty
A writ of mandamus is a court order directing a public official, government body, or lower court to perform a mandatory duty.
Question 3: What does 'in limine' mean in legal proceedings?
- At the threshold; a motion made before trial to exclude certain evidence (Correct answer)
- During jury deliberations
- After final judgment has been entered
- Between the opening and closing arguments
Correct answer: At the threshold; a motion made before trial to exclude certain evidence
A motion in limine is filed before trial begins to request that the court exclude certain evidence or testimony from being presented.
Question 4: When a court reporter hears the term 'res judicata,' it refers to:
- A matter already judged; a final decision that bars relitigation of the same issue (Correct answer)
- New evidence discovered after the verdict
- A request for reconsideration of a ruling
- The right to appeal a lower court decision
Correct answer: A matter already judged; a final decision that bars relitigation of the same issue
Res judicata is the doctrine that a final judgment by a competent court bars subsequent litigation of the same claims between the same parties.
Question 5: What is the meaning of 'nolo contendere' as a plea?
- I do not wish to contest; the defendant accepts punishment without admitting guilt (Correct answer)
- Not guilty by reason of insanity
- Guilty with an explanation
- The defendant pleads the Fifth Amendment
Correct answer: I do not wish to contest; the defendant accepts punishment without admitting guilt
A nolo contendere plea means the defendant does not contest the charge and accepts the court's punishment but does not admit guilt, and it cannot be used as an admission in civil proceedings.
Question 6: In a deposition transcript, 'stipulation' most commonly refers to:
- An agreement between parties' counsel regarding procedural matters or facts (Correct answer)
- An objection entered on the record for appeal purposes
- The court reporter's certification of accuracy
- A request for a copy of the transcript
Correct answer: An agreement between parties' counsel regarding procedural matters or facts
A stipulation is a voluntary agreement between opposing counsel on procedural or factual matters that binds both parties during the proceeding.
Question 7: What is 'subrogation' in the context of legal proceedings?
- The substitution of one person in place of another with respect to a legal right or claim (Correct answer)
- The process of serving a subpoena on a witness
- A court's authority over parties in another jurisdiction
- The right to cross-examine an adverse witness
Correct answer: The substitution of one person in place of another with respect to a legal right or claim
Subrogation is the legal right by which one party assumes the legal rights of another, commonly arising when an insurer pays a claim and then pursues the responsible party.
CRI Legal Terminology & Procedures 2
In court reporting, what does the term 'voir dire' refer to?