NYS Legal Terminology and Principles 4

Question 1

What is 'res judicata'?

Accepted Answer

The principle that a matter already judged cannot be re-litigated

Answer

Res judicata bars re-litigation of a claim or issue that has already been decided by a court of competent jurisdiction.

Question 2

What is the purpose of a 'motion in limine'?

Accepted Answer

To request that certain evidence be excluded before trial begins

Answer

A motion in limine is filed before trial to request that the judge exclude specific evidence from being presented to the jury.

Question 3

What is 'affirmative defense'?

Accepted Answer

A defense that admits the act but offers a legal justification or excuse

Answer

An affirmative defense acknowledges the alleged act but introduces new facts that excuse or justify it, such as self-defense or insanity.

Question 4

In civil law, what does 'plaintiff' refer to?

Accepted Answer

The person or entity that brings a lawsuit

Answer

The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant.

Question 5

What is a 'deposition'?

Accepted Answer

A sworn out-of-court statement taken during pre-trial discovery

Answer

A deposition is sworn testimony given by a witness outside of court during the discovery phase that can be used at trial.

NYS - Court Officer Exam Practice Test