CRI Legal Terminology & Procedures 3 — Questions and Answers
Question 1: What does 'pro se' mean when used to describe a litigant?
- The person is representing themselves without an attorney (Correct answer)
- The person is testifying as an expert witness
- The person has invoked their right to remain silent
- The person is appearing by telephone or video
Correct answer: The person is representing themselves without an attorney
A pro se litigant is one who represents themselves in a legal proceeding without the assistance of an attorney.
Question 2: In legal terminology, 'tortfeasor' refers to:
- A person who commits a tort and is legally liable for the resulting damages (Correct answer)
- The plaintiff's attorney in a civil lawsuit
- A court-appointed mediator in a dispute
- An expert witness who testifies about injuries
Correct answer: A person who commits a tort and is legally liable for the resulting damages
A tortfeasor is the person or entity that commits a wrongful act (tort) that causes harm to another, making them liable for damages.
Question 3: What is the purpose of an 'interlocutory appeal'?
- To appeal a ruling made during the course of litigation before final judgment (Correct answer)
- To request a new trial after a verdict has been rendered
- To transfer a case from state to federal court
- To challenge the constitutionality of a statute
Correct answer: To appeal a ruling made during the course of litigation before final judgment
An interlocutory appeal challenges a court's ruling on a specific issue during ongoing litigation, before the final judgment has been entered.
Question 4: The term 'collateral estoppel' prevents:
- Re-litigation of specific issues already determined in a prior proceeding between the same parties (Correct answer)
- A party from filing multiple lawsuits simultaneously
- Hearsay evidence from being introduced at trial
- A witness from changing their testimony on cross-examination
Correct answer: Re-litigation of specific issues already determined in a prior proceeding between the same parties
Collateral estoppel, also called issue preclusion, bars re-litigation of a specific issue that was previously decided in a prior proceeding involving the same parties.
Question 5: What is a 'demurrer' in civil procedure?
- A pleading that challenges the legal sufficiency of the opposing party's complaint without disputing the facts (Correct answer)
- A request for additional time to respond to a motion
- An agreement to submit a dispute to arbitration
- A formal objection to the admission of evidence
Correct answer: A pleading that challenges the legal sufficiency of the opposing party's complaint without disputing the facts
A demurrer is a motion asserting that even if all facts in the complaint are true, they are legally insufficient to support the plaintiff's claim.
Question 6: When a court reporter transcribes testimony and hears 'quantum meruit,' the attorney is arguing:
- A party should receive reasonable compensation for services rendered, even without a formal contract (Correct answer)
- The plaintiff suffered damages equal to the amount requested
- The defendant owes a penalty in addition to actual damages
- Evidence should be weighed according to its quality rather than quantity
Correct answer: A party should receive reasonable compensation for services rendered, even without a formal contract
Quantum meruit is an equitable remedy allowing a party to recover the reasonable value of services provided when no formal contract exists or when a contract is unenforceable.
Question 7: What does 'mens rea' establish in criminal law?
- The mental state or intent required to constitute a criminal offense (Correct answer)
- The physical act that constitutes the crime
- The identity of the defendant as the person who committed the act
- The motive behind the commission of a crime
Correct answer: The mental state or intent required to constitute a criminal offense
Mens rea refers to the mental state or intent element of a crime; most criminal offenses require the prosecution to prove the defendant had the requisite guilty mind.
CRI Legal Terminology & Procedures 3
What does 'pro se' mean when used to describe a litigant?