CRI Legal Terminology & Procedures 4

Question 1

In legal proceedings, 'laches' is a defense based on:

Accepted Answer

Unreasonable delay by the plaintiff in asserting a right, resulting in prejudice to the defendant

Answer

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:

Accepted Answer

The judge serves as both the finder of fact and the arbiter of law, with no jury present

Answer

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?

Accepted Answer

A written statement of facts made voluntarily under oath or affirmation outside of court

Answer

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:

Accepted Answer

On its own initiative, without a motion from either party

Answer

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?

Accepted Answer

A notice recorded in public records warning that a lawsuit affecting title to real property is pending

Answer

A lis pendens is a recorded notice that alerts potential purchasers or lenders that the title to real property is subject to pending litigation.

(CRI) Certified Reporter Instructor Practice Test

(CRI) Certified Reporter Instructor Practice Test

CRI Legal Terminology & Procedures 4