Lawyer Terms & Vocab. 2 — Questions and Answers
Question 1: What does 'res judicata' mean in legal practice?
- A matter already judged that cannot be relitigated (Correct answer)
- A thing yet to be decided
- Evidence presented at trial
- A judicial order to appear in court
Correct answer: A matter already judged that cannot be relitigated
Res judicata bars relitigation of a claim that has already been finally adjudicated on the merits.
Question 2: In contract law, what is 'consideration'?
- The written terms of a contract
- Something of value exchanged between parties to make a contract binding (Correct answer)
- The court's deliberation before judgment
- A penalty clause in a contract
Correct answer: Something of value exchanged between parties to make a contract binding
Consideration is a bargained-for exchange of value (money, services, or a promise) that is essential to an enforceable contract.
Question 3: What is a 'writ of mandamus'?
- A court order compelling a lower court or government official to perform a ministerial duty (Correct answer)
- A warrant for arrest issued by a magistrate
- An order to produce documents
- A summons served on a defendant
Correct answer: A court order compelling a lower court or government official to perform a ministerial duty
A writ of mandamus is an extraordinary remedy directing a public official or lower court to perform a duty required by law.
Question 4: Which term describes the legal principle that a higher court's decision is binding on lower courts?
- Stare decisis (Correct answer)
- Res ipsa loquitur
- Nolo contendere
- In camera
Correct answer: Stare decisis
Stare decisis requires courts to follow precedent established by higher courts within the same jurisdiction.
Question 5: What does 'tortfeasor' mean?
- A party who commits a tort (Correct answer)
- The victim of a civil wrong
- A judge presiding over a tort case
- An expert witness in a personal injury case
Correct answer: A party who commits a tort
A tortfeasor is a person or entity whose wrongful act or omission causes harm, making them liable in a civil action.
Question 6: What is 'voir dire' in the context of a jury trial?
- The judge's closing instructions to the jury
- The process of questioning prospective jurors to assess their impartiality (Correct answer)
- The reading of charges to a defendant
- A preliminary hearing before the grand jury
Correct answer: The process of questioning prospective jurors to assess their impartiality
Voir dire is the examination of potential jurors by attorneys and the judge to identify bias and determine fitness to serve.
Question 7: What does 'in limine' refer to in trial practice?
- A motion made before or at the start of trial to exclude certain evidence (Correct answer)
- A judgment entered without a full trial
- An order compelling discovery
- A post-trial motion for a new trial
Correct answer: A motion made before or at the start of trial to exclude certain evidence
A motion in limine is a pretrial request asking the court to rule on the admissibility of evidence before it is presented to the jury.
Lawyer Terms & Vocab. 2
What does 'res judicata' mean in legal practice?