Lawyer Terms & Vocab. 5 — Questions and Answers
Question 1: What is 'habeas corpus'?
- A writ requiring a person in custody to be brought before a court to determine the lawfulness of detention (Correct answer)
- A subpoena to produce documents at trial
- An order to release bail
- A warrant authorizing a search
Correct answer: A writ requiring a person in custody to be brought before a court to determine the lawfulness of detention
Habeas corpus is a fundamental writ protecting against unlawful imprisonment by requiring courts to examine the legal basis for detention.
Question 2: What does 'nunc pro tunc' mean?
- Now for then — a court order given retroactive effect to correct a prior omission (Correct answer)
- Not at this time — a ruling postponing a hearing
- For the time being — a temporary order
- Now and forever — a permanent injunction
Correct answer: Now for then — a court order given retroactive effect to correct a prior omission
A nunc pro tunc order corrects the record to reflect what should have been done at an earlier date, relating the action back to that time.
Question 3: What is 'standing' in federal court litigation?
- A party's right to bring suit, requiring injury-in-fact, causation, and redressability (Correct answer)
- The procedural right to object to evidence
- A judge's authority to issue sanctions
- The statutory deadline to file an appeal
Correct answer: A party's right to bring suit, requiring injury-in-fact, causation, and redressability
Article III standing requires a plaintiff to show a concrete injury caused by the defendant that a favorable court decision can redress.
Question 4: What is 'indemnification' in contract law?
- An obligation by one party to compensate another for specified losses or liabilities (Correct answer)
- A waiver of the right to sue for negligence
- A penalty clause triggered by breach
- A liquidated damages provision
Correct answer: An obligation by one party to compensate another for specified losses or liabilities
An indemnification clause shifts the financial burden of certain claims or losses from one contracting party to another.
Question 5: What does 'sua sponte' mean?
- Of its own accord — when a court acts on its own initiative without a motion from a party (Correct answer)
- Under oath — testimony given voluntarily
- By agreement — a stipulated fact
- On appeal — a matter reviewed by a higher court
Correct answer: Of its own accord — when a court acts on its own initiative without a motion from a party
A court acts sua sponte when it raises an issue or takes action without being asked by either party.
Question 6: What is 'lis pendens' in real property law?
- A recorded notice that a lawsuit affecting title to real property is pending (Correct answer)
- A court order freezing the sale of property
- A lien placed on property for unpaid attorney fees
- A title insurance claim filed against a prior owner
Correct answer: A recorded notice that a lawsuit affecting title to real property is pending
Recording a lis pendens gives constructive notice to prospective buyers and lenders that the property is subject to pending litigation.
Question 7: What is 'spoliation of evidence' in litigation?
- The intentional or negligent destruction or alteration of evidence relevant to pending or reasonably anticipated litigation (Correct answer)
- A court's refusal to admit improperly authenticated documents
- The opposing party's failure to respond to discovery
- An expert witness offering unreliable opinions
Correct answer: The intentional or negligent destruction or alteration of evidence relevant to pending or reasonably anticipated litigation
Spoliation can result in severe sanctions including adverse inference instructions, evidence preclusion, or dismissal of claims.
