Lawyer Terms & Vocab. 4 — Questions and Answers
Question 1: What is a 'deposition' in civil litigation?
- A sworn out-of-court testimony of a witness recorded for later use (Correct answer)
- A formal written statement filed with the court
- The dismissal of a case for lack of evidence
- A judge's written opinion after trial
Correct answer: A sworn out-of-court testimony of a witness recorded for later use
A deposition is a pretrial discovery tool in which a witness answers questions under oath, and the testimony is transcribed for use at trial.
Question 2: What does 'actus reus' mean in criminal law?
- The guilty mind behind the crime
- The wrongful physical act or omission that constitutes a crime (Correct answer)
- The arraignment proceeding
- The judge's instruction to the jury
Correct answer: The wrongful physical act or omission that constitutes a crime
Actus reus is the physical element of a crime — the voluntary act, omission, or state of affairs that the law prohibits.
Question 3: What is 'collateral estoppel' (issue preclusion)?
- A doctrine preventing relitigation of issues already decided in prior litigation between the same parties (Correct answer)
- A bar on introducing hearsay evidence at trial
- A rule prohibiting double jeopardy in civil cases
- An order sealing court records
Correct answer: A doctrine preventing relitigation of issues already decided in prior litigation between the same parties
Collateral estoppel binds parties to factual or legal issues conclusively determined in prior litigation, avoiding redundant proceedings.
Question 4: What is an 'injunction'?
- A court order requiring a party to do or refrain from a specific act (Correct answer)
- A court's written verdict at the end of trial
- A financial penalty imposed on a losing party
- A subpoena directed to a corporate officer
Correct answer: A court order requiring a party to do or refrain from a specific act
An injunction is an equitable remedy directing a party to act or stop acting in a specified way, enforceable through contempt sanctions.
Question 5: What is 'laches' as an equitable defense?
- Unreasonable delay in asserting a right that prejudices the opposing party (Correct answer)
- A failure to appear at a scheduled hearing
- The statute of limitations for tort claims
- A claim that evidence was unlawfully obtained
Correct answer: Unreasonable delay in asserting a right that prejudices the opposing party
Laches bars a claim when the plaintiff's unreasonable delay in bringing suit has caused prejudice to the defendant.
Question 6: What does 'inter alia' mean in legal writing?
- Among other things (Correct answer)
- On the other hand
- In the alternative
- Between the parties
Correct answer: Among other things
Inter alia is a Latin phrase used in legal documents to indicate that the listed items are not exhaustive.
Question 7: What is a 'fiduciary duty'?
- A financial obligation to pay court costs
- The highest duty of care owed by one party to another based on trust and confidence (Correct answer)
- A duty to disclose criminal history to clients
- An obligation to carry malpractice insurance
Correct answer: The highest duty of care owed by one party to another based on trust and confidence
A fiduciary duty requires one party (e.g., attorney, trustee) to act in the best interest of the other, placing the beneficiary's interests above their own.
Lawyer Terms & Vocab. 4
What is a 'deposition' in civil litigation?