Lawyer Terms & Vocab. 4

Question 1

What is a 'deposition' in civil litigation?

Accepted Answer

A sworn out-of-court testimony of a witness recorded for later use

Answer

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?

Accepted Answer

The wrongful physical act or omission that constitutes a crime

Answer

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)?

Accepted Answer

A doctrine preventing relitigation of issues already decided in prior litigation between the same parties

Answer

Collateral estoppel binds parties to factual or legal issues conclusively determined in prior litigation, avoiding redundant proceedings.

Question 4

What is an 'injunction'?

Accepted Answer

A court order requiring a party to do or refrain from a specific act

Answer

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?

Accepted Answer

Unreasonable delay in asserting a right that prejudices the opposing party

Answer

Laches bars a claim when the plaintiff's unreasonable delay in bringing suit has caused prejudice to the defendant.

Lawyer Practice Test