CRI Legal Terminology & Procedures 4 — Questions and Answers
Question 1: In legal proceedings, 'laches' is a defense based on:
- Unreasonable delay by the plaintiff in asserting a right, resulting in prejudice to the defendant (Correct answer)
- The statute of limitations having expired before the lawsuit was filed
- The plaintiff's failure to mitigate damages
- A procedural defect in service of process
Correct answer: Unreasonable delay by the plaintiff in asserting a right, resulting in prejudice to the defendant
Laches is an equitable defense asserting that the plaintiff's unreasonable delay in pursuing a claim has prejudiced the defendant's ability to defend.
Question 2: A 'bench trial' differs from a jury trial in that:
- The judge serves as both the finder of fact and the arbiter of law, with no jury present (Correct answer)
- The case is decided by a panel of three judges rather than one
- The parties agree in advance to be bound by the judge's ruling without appeal
- Evidence rules are relaxed and hearsay is freely admissible
Correct answer: The judge serves as both the finder of fact and the arbiter of law, with no jury present
In a bench trial, the judge determines both factual and legal issues, replacing the jury's role as fact-finder.
Question 3: What is an 'affidavit' as distinguished from ordinary testimony?
- A written statement of facts made voluntarily under oath or affirmation outside of court (Correct answer)
- An oral statement made in response to attorney questioning during trial
- A certified copy of a court order or judgment
- A sworn statement made by an expert witness during deposition
Correct answer: A written statement of facts made voluntarily under oath or affirmation outside of court
An affidavit is a voluntary written declaration of facts made under oath before an authorized officer, used as evidence in court proceedings.
Question 4: The phrase 'sua sponte' means the court is acting:
- On its own initiative, without a motion from either party (Correct answer)
- In response to a joint request from both parties
- Under emergency circumstances requiring immediate action
- Pursuant to a higher court's order or mandate
Correct answer: On its own initiative, without a motion from either party
Sua sponte describes an action taken by the court on its own motion, without being requested to do so by any party.
Question 5: What is 'lis pendens' and when is it used?
- A notice recorded in public records warning that a lawsuit affecting title to real property is pending (Correct answer)
- A motion filed to stay proceedings pending an appeal
- A court order preventing the sale of disputed assets during litigation
- A formal notice that a party intends to call a witness
Correct answer: A notice recorded in public records warning that a lawsuit affecting title to real property is pending
A lis pendens is a recorded notice that alerts potential purchasers or lenders that the title to real property is subject to pending litigation.
Question 6: In the context of criminal procedure, 'Brady material' refers to:
- Exculpatory evidence the prosecution must disclose to the defense (Correct answer)
- Prior criminal convictions of the defendant that can be used for impeachment
- Statements made by the defendant during custodial interrogation
- Forensic evidence gathered at the crime scene
Correct answer: Exculpatory evidence the prosecution must disclose to the defense
Brady material refers to evidence favorable to the accused that is material to guilt or punishment, which the prosecution is constitutionally required to disclose under Brady v. Maryland.
Question 7: What is 'promissory estoppel' as a legal doctrine?
- A principle enforcing a promise even without consideration when the promisee reasonably relied on it to their detriment (Correct answer)
- A bar against a party claiming ignorance of a written contract's terms
- The rule that oral modifications to written contracts are unenforceable
- A doctrine holding parties to their initial settlement offers
Correct answer: A principle enforcing a promise even without consideration when the promisee reasonably relied on it to their detriment
Promissory estoppel prevents a promisor from reneging on a promise when the promisee reasonably relied on that promise and suffered a detriment as a result.
CRI Legal Terminology & Procedures 4
In legal proceedings, 'laches' is a defense based on: