CTC Legal Terminology & Court Procedures 3 — Questions and Answers
Question 1: What does 'in limine' mean when an attorney files a motion in limine?
- A motion to dismiss the case before trial begins
- A pretrial motion to exclude certain evidence or arguments from trial (Correct answer)
- A motion requesting a mistrial due to juror misconduct
- A motion asking the court to reconsider a prior ruling
Correct answer: A pretrial motion to exclude certain evidence or arguments from trial
A motion in limine is a pretrial request to prohibit the opposing party from presenting specific evidence or making certain arguments before the jury.
Question 2: What is 'subrogation' in legal terminology?
- The substitution of one party for another in a legal claim or right (Correct answer)
- The process of appointing a guardian for a minor
- A court order requiring testimony from a hostile witness
- The transfer of property through a will
Correct answer: The substitution of one party for another in a legal claim or right
Subrogation is the legal right of one party (often an insurer) to step into the shoes of another to pursue claims against a third party.
Question 3: In court, 'leading the witness' means an attorney:
- Walks the witness through exhibits in order
- Asks questions that suggest the desired answer (Correct answer)
- Requests that the witness speak more slowly
- Calls a witness unexpectedly to the stand
Correct answer: Asks questions that suggest the desired answer
A leading question suggests the answer within the question itself and is generally prohibited during direct examination but allowed on cross-examination.
Question 4: What is 'promissory estoppel' in contract law?
- A clause preventing a party from modifying a written agreement
- A doctrine preventing denial of a promise when another party relied on it to their detriment (Correct answer)
- A requirement that all promises be in writing to be enforceable
- A defense available when a contract is signed under duress
Correct answer: A doctrine preventing denial of a promise when another party relied on it to their detriment
Promissory estoppel prevents a promisor from denying the enforceability of a promise when the promisee reasonably relied on it and suffered detriment.
Question 5: What does 'nolo contendere' mean as a criminal plea?
- Not guilty by reason of insanity
- I do not contest the charges, without admitting guilt (Correct answer)
- Guilty with an explanation offered to the court
- The defendant refuses to enter any plea
Correct answer: I do not contest the charges, without admitting guilt
Nolo contendere (no contest) accepts the penalty without admitting guilt and cannot be used as an admission in a subsequent civil case.
Question 6: A 'writ of mandamus' compels:
- A lower court or government official to perform a required duty (Correct answer)
- A defendant to appear in court for arraignment
- A witness to produce documents under subpoena
- A jury to reach a unanimous verdict
Correct answer: A lower court or government official to perform a required duty
A writ of mandamus is a court order directing a lower court, tribunal, or public official to fulfill a ministerial duty required by law.
Question 7: In American courtrooms, what is the role of an 'amicus curiae'?
- A neutral expert appointed by the court to assist the judge
- A non-party that submits a brief to offer relevant information or perspective to the court (Correct answer)
- The court-appointed guardian of a minor involved in litigation
- An interpreter assigned to assist a non-English-speaking defendant
Correct answer: A non-party that submits a brief to offer relevant information or perspective to the court
An amicus curiae ('friend of the court') is an entity not party to the case that submits a brief to provide expertise or perspective on matters before the court.
CTC Legal Terminology & Court Procedures 3
What does 'in limine' mean when an attorney files a motion in limine?