CRI Legal Terminology & Procedures 5 — Questions and Answers
Question 1: What does 'in camera' mean in legal proceedings?
- In the judge's private chambers or a closed session, away from the public and press (Correct answer)
- On video record for remote viewing by an appellate court
- With the camera equipment used to record courtroom proceedings
- In the presence of the jury during deliberations
Correct answer: In the judge's private chambers or a closed session, away from the public and press
In camera proceedings occur privately in the judge's chambers or a closed courtroom, often used to review sensitive evidence or protect confidential information.
Question 2: What is 'sovereign immunity' and how does it affect litigation?
- The doctrine that the government cannot be sued without its consent, limiting plaintiffs' ability to bring claims (Correct answer)
- The right of foreign diplomats to avoid criminal prosecution in the US
- A constitutional protection shielding elected officials from personal liability
- The principle that federal law preempts conflicting state law
Correct answer: The doctrine that the government cannot be sued without its consent, limiting plaintiffs' ability to bring claims
Sovereign immunity is a legal doctrine holding that the government is immune from civil suit or criminal prosecution unless it has explicitly waived that immunity.
Question 3: An 'amicus curiae' brief is filed by:
- A non-party with a strong interest in the case who wants to offer information or arguments to the court (Correct answer)
- The prevailing party to defend the lower court's ruling on appeal
- A trial court judge responding to appellate criticism of the decision
- The jury foreperson summarizing the jury's reasoning
Correct answer: A non-party with a strong interest in the case who wants to offer information or arguments to the court
An amicus curiae (friend of the court) brief is filed by a non-party who has an interest in the outcome and wants to provide additional perspective or information to the appellate court.
Question 4: In tort law, 'respondeat superior' holds that:
- An employer is vicariously liable for the negligent acts of employees committed within the scope of their employment (Correct answer)
- A higher court's ruling supersedes all lower court decisions on the same issue
- A defendant must respond to all allegations or they are deemed admitted
- The party with superior knowledge of a risk bears greater liability
Correct answer: An employer is vicariously liable for the negligent acts of employees committed within the scope of their employment
Respondeat superior is the doctrine of vicarious liability making employers legally responsible for torts committed by employees acting within the scope of their employment.
Question 5: What is the 'fruit of the poisonous tree' doctrine?
- Evidence obtained as a result of an illegal search or seizure is inadmissible, along with evidence derived from it (Correct answer)
- Testimony tainted by witness coaching must be excluded from trial
- A contract formed through fraudulent misrepresentation is void from the start
- Evidence gathered after the statute of limitations has run cannot be used
Correct answer: Evidence obtained as a result of an illegal search or seizure is inadmissible, along with evidence derived from it
The fruit of the poisonous tree doctrine excludes not only illegally obtained evidence but also any subsequent evidence discovered as a result of that illegal act.
Question 6: When an attorney makes an objection 'for the record' during a deposition, the primary purpose is:
- To preserve the objection for appeal since the deposition officer cannot rule on admissibility (Correct answer)
- To instruct the witness not to answer the question
- To request an immediate ruling from the deposition officer
- To notify opposing counsel that the question will be challenged at trial
Correct answer: To preserve the objection for appeal since the deposition officer cannot rule on admissibility
Objections made during a deposition are preserved in the transcript for the court to rule on later, since there is no judge present to make immediate rulings on admissibility.
Question 7: What does 'prima facie' mean when used to describe a legal case?
- The evidence is sufficient on its face to establish a fact or case unless rebutted (Correct answer)
- The first party to file a claim has priority over later claimants
- The case is frivolous and should be dismissed at the outset
- The court's initial ruling before full briefing is complete
Correct answer: The evidence is sufficient on its face to establish a fact or case unless rebutted
A prima facie case means the plaintiff has presented enough evidence to presume the facts alleged are true and the case can proceed, absent rebuttal evidence from the defendant.
CRI Legal Terminology & Procedures 5
What does 'in camera' mean in legal proceedings?