Law School Admission Test /U.S. Court System and Legal Procedures Part 2

U.S. Court System and Legal Procedures Part 2

Law School Admission Test49 CardsCreated about 1 month ago

This comprehensive flashcard set is designed to help students, legal professionals, and court reporting trainees master the structure, terminology, and processes of the U.S. legal system. Covering key topics such as court hierarchies, types of law, roles of witnesses, legal citations, and the case lifecycle, the set includes multiple-choice, true/false, fill-in-the-blank, and matching questions.

Fill in the blanks. Include the two missing events for a trial.

Jury Selection (if required)
_____________ Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant Rests

____________ Statements
Jury Charge (if jury trial)
Jury or Judge Deliberation (dependent on type of trial)

Jury Selection (if required)
[OPENING] Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant Rests

[CLOSING] Statements
Jury Charge (if jury trial)
Jury or Judge Deliberation (dependent on type of trial)

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Key Terms

Term
Definition

Fill in the blanks. Include the two missing events for a trial.

Jury Selection (if required)
_____________ Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant Rests

____________ Statements
Jury Charge (if jury trial)
Jury or Judge Deliberation (dependent on type of trial)

Jury Selection (if required)
[OPENING] Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant ...

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Who is considered an Also Present?

A: The witness who is also one of the named parties.
B: A lawyer who is party to the case.
C: The witness.
D: Someone present for a deposition who is not a lawyer representing a party to the case, not the witness, and not the reporter.

D: SOMEONE PRESENT FOR A DEPOSITION WHO IS NOT A LAWYER REPRESENTING A PARTY TO THE CASE, NOT THE WITNESS, AND NOT THE REPORTER.

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Which of the following is not one of the ways criminal and civil cases differ?

A: What kinds of punishment or penalty may be imposed.
B: How the cases are decided.
C: What standards of proof must be met.
D: Who may bring charges or file suit
E: Only criminal cases have a jury.

E: Only criminal cases have a jury.

Fill in the blanks:
Who schedules EUOs? _______
Who holds the insurance policy? _______
Who files a claim with the insurance company? _____
For EUOs, what is used instead of a case number? _____
Who is the insurer? ______
During an EUO, the reporter should not ask about _______.
EUOs occur ______ a case is filed.
Depositions occur ______ a case is filed.

- The insured
- The insurance company
- Read and sign
- After
- Before
- An investigator or attorney for the insurance company
- The claimant
- The claim number

Who schedules EUOs? AN INVESTIGATOR OR ATTORNEY FOR THE INSURANCE COMPANY
Who holds the insurance policy? THE INSURED
Who files a claim with ...

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At the end of the EUO, should you ask the participants if the witness would like to review the transcript?

A: No. Generally, the reporter should not ask about Read & Sign when covering an EUO.
B: Yes. The reporter should ask about the Read & Sign for all EUOs.

A: No. Generally, the reporter should not ask about Read & Sign when covering an EUO.

True or False?
EUOs are taken in response to a claim the insured has filed with their insurance company.

True

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TermDefinition

Fill in the blanks. Include the two missing events for a trial.

Jury Selection (if required)
_____________ Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant Rests

____________ Statements
Jury Charge (if jury trial)
Jury or Judge Deliberation (dependent on type of trial)

Jury Selection (if required)
[OPENING] Statements

Plaintiff Calls Witnesses
Plaintiff Rests
Defendant Calls Witnesses
Defendant Rests

[CLOSING] Statements
Jury Charge (if jury trial)
Jury or Judge Deliberation (dependent on type of trial)

Who is considered an Also Present?

A: The witness who is also one of the named parties.
B: A lawyer who is party to the case.
C: The witness.
D: Someone present for a deposition who is not a lawyer representing a party to the case, not the witness, and not the reporter.

D: SOMEONE PRESENT FOR A DEPOSITION WHO IS NOT A LAWYER REPRESENTING A PARTY TO THE CASE, NOT THE WITNESS, AND NOT THE REPORTER.

Which of the following is not one of the ways criminal and civil cases differ?

A: What kinds of punishment or penalty may be imposed.
B: How the cases are decided.
C: What standards of proof must be met.
D: Who may bring charges or file suit
E: Only criminal cases have a jury.

E: Only criminal cases have a jury.

Fill in the blanks:
Who schedules EUOs? _______
Who holds the insurance policy? _______
Who files a claim with the insurance company? _____
For EUOs, what is used instead of a case number? _____
Who is the insurer? ______
During an EUO, the reporter should not ask about _______.
EUOs occur ______ a case is filed.
Depositions occur ______ a case is filed.

- The insured
- The insurance company
- Read and sign
- After
- Before
- An investigator or attorney for the insurance company
- The claimant
- The claim number

Who schedules EUOs? AN INVESTIGATOR OR ATTORNEY FOR THE INSURANCE COMPANY
Who holds the insurance policy? THE INSURED
Who files a claim with the insurance company? THE CLAIMANT
For EUOs, what is used instead of a case number? THE CLAIM NUMBER
Who is the insurer? THE INSURANCE COMPANY
During an EUO, the reporter should not ask about READ AND SIGN.
EUOs occur BEFORE a case is filed.
Depositions occur AFTER a case is filed.

At the end of the EUO, should you ask the participants if the witness would like to review the transcript?

A: No. Generally, the reporter should not ask about Read & Sign when covering an EUO.
B: Yes. The reporter should ask about the Read & Sign for all EUOs.

A: No. Generally, the reporter should not ask about Read & Sign when covering an EUO.

True or False?
EUOs are taken in response to a claim the insured has filed with their insurance company.

True

A deposition is:

A: The taking of testimony in an action.
B: The taking of testimony outside of court.
C: The way in which a person feels on a certain day.
D: The recording of a matter.

B: The taking of testimony outside of court.

________ are generally held to determine a court order or for some procedural matters.

A: Arbitrations
B: Hearings
C: Trials
D: Depositions

B: Hearings

True or False?
Cases can settle without making it to court.

True

What does it mean to say the transcript is work product of the hiring party?

A: Once the reporter produces the transcript and provides it to the hiring party, the other parties must obtain a copy of the transcript from the hiring party (not the court reporter).
B: The reporter should check with the hiring party before selling a copy to another party.
C: To obtain the transcript, all parties order it through the court reporter.

B: The reporter should check with the hiring party before selling a copy to another party.

What is a deposition through written questions?

A: When the attorney has the witness answer via writing during a deposition.
B: They are interrogatories.
C: When the reporter verbally asks questions on the record.
D: When the reporter doesn't need to swear in the witness.

C: When the reporter verbally asks questions on the record.

Who usually schedules a deposition of the plaintiff?

A: The judge
B: The defendant's attorney
C: The plaintiff's attorney
D: The clerk

B: The defendant's attorney

_______ is where the parties present evidence, testimony, and arguments in front of a judge with the goal of determining fault or guilt.

A: Deposition
B: Trial
C: Hearing
D: Arbitration

B: Trial

EUO: Match the term with the definition.

The insurer ---->
Claimant ---->
The insured ---->
DOL ----->

- The person who suffered the damage or loss
- The date when the event that caused the damage or loss occurred
- The person carries the insurance policy
- The insurance company

THE INSURER -> THE INSURANCE COMPANY
CLAIMANT -> THE PERSON WHO SUFFERED THE DAMAGE OR LOSS
DOL -> THE DATE WHEN THE EVENT THAT CAUSED THE DAMAGE OR LOSS OCCURRED
THE INSURED -> THE PERSON CARRIES THE INSURANCE POLICY

While covering an EOP (aka CME/IME), when is the only time you are not in the presence of the plaintiff?

A: If the plaintiff is getting an X-ray, MRI, or another test that would prohibit you to be with them.
B: If the doctor is seeing the patient and the patient asks you to leave the room.
C: If the doctor is seeing the patient and asks you to leave the room.

A: If the plaintiff is getting an X-ray, MRI, or another test that would prohibit you to be with them.

During an EUO, the witness's attorney asks to order the transcript after the attorney who schedule the EUO has left the conference room. What do you do?

A: Tell the witness's attorney, "No problem. I just need to get the order in writing. Can you sign this order form?"
B: Tell the witness's attorney, "I'm sorry, but transcript copy order can never be sold on EUOs."
C: Tell the witness's attorney, "Before I can confirm your order, I need to ask the scheduling attorney if they are okay with you receiving a copy of the transcript."

C: Tell the witness's attorney, "Before I can confirm your order, I need to ask the scheduling attorney if they are okay with you receiving a copy of the transcript."

MULTIPLE ANSWERS: What items need to be provided to the transcriptionist when covering an EUO?

- Case venue
- Insured's name
- Claim number
- DOL
- Insurance company's name

- INSURED'S NAME
- CLAIM NUMBER
-DOL
- INSURANCE COMPANY'S NAME

For which of these proceedings do you not administer an oath?

A: Deposition
B: Deposition by written questions
C: IME
D: EUO

C: IME

Fill in the blanks:

Sometimes cases go to _______ in order to settle a dispute by an impartial party, called an _______. This person has been officially appointed to settle a dispute and can issue the final decision, like a judge normally would.

A: mediation/mediator
B: arbitration/arbitrator

B: arbitration/arbitrator

What is it called when a court reporter is asked to get records from a doctor's office or any facility, and provide copies to the parties in litigation?

A: Records Retrieval
B: Records Drop Off
C: Records Pickup

C: Records Pickup

True or False?
CME, IME, and EOP are used interchangeably.

True

In personal injury litigation, a defendant's attorney can request that the plaintiff attend a medical examination by the doctor of the defendant's choice. What is this called?

A: Examination of Persons
B: Medical Examination
C: Legal Examination
D: Medical Review

A: Examination of Persons

Aids of execution are scheduled by

A: Creditors
B: Realtors
C: Juries
D: Judges

A: Creditors

A _______ is a medical professional hired by the defense attorney who assesses the plaintiff's health. They provide an unbiased report of the patient's injuries, including an estimated amount of time required for the treatment and when the employee can return to work.

A: Independent Medical Examiner
B: Expert Medical Doctor
C: Chiropractor
D: Spine Surgeon

A: Independent Medical Examiner

True or False?
EUOs can be conducted by an attorney or an investigator that works for the insurance company.

True

A stenotype reporter uses a stenograph machine and works very quickly. How many words per minute is the minimum requirement?

A: 225
B: 200
C: 190
D: 180
E: 220
F: 250

A: 225

True or False?
It is possible, depending on the employer, for a digital court reporter to work flexible hours.

True

True or False?

Digital recording is the same as speech recognition.

False

What should a digital reporter say if a lawyer asks if they are a stenographer?

A: Yes. All methods of reporting are the same.
B: No. I am a digital reporter certifed as a Certified Deposition Reporter through AAERT. (if applicable)

B: No. I am a digital reporter certifed as a Certified Deposition Reporter through AAERT. (if applicable)

True or False?

Sometimes digital court reporters are responsible for producing certified transcripts.

True

Fill in the blanks:

What does CSR stand for? ________
What kind of reporter uses shorthand? _______
Can a digital reporter become a CSR? Yes or No? _______

What does CSR stand for? [CERTIFIED SHORTHAND REPORTER]
What kind of reporter uses shorthand? [STENOGRAPHER]
Can a digital reporter become a CSR? Yes or No? [NO]

Fill in the blanks:

There are four universal methods of court reporting. They are The Digital Court _________, The Court _______, The _______ Writer, and The _________ Reporter.

There are four universal methods of court reporting. They are the Digital Court [REPORTER], The Court [MONITOR], The [VOICE] Writer, and The [STENOGRAPHIC] Reporter.

True or False?

An electronic court reporter uses a different method of court reporting than a digital court reporter would.

False

Courts use interpreters. Their job is to:

A: Interpret complex legal terms for any party to a proceeding.
B: Interpret from one language to another.
C: Interpret legislation for a person.
D: Interpret complex legal terms for an accused person.

B: Interpret from one language to another.

True or False?

Court reporters are an essential link in the process of the legal system preserving the record and being a neutral third party.

True

Match the term with the definition.

Definition: When a corporation employs an attorney.

In-House Counsel

Match the term with the definition.

Definition: A law firm hires an attorney who doesn't work at their law office to appear for the deposition.

Of Counsel

Match the term with the description.

Definition: In a deposition the paralegal present in the room is considered an ______.

Also Present

Match the term with the definition.

Definition: A party who decides not to hire

Pro Se

Match the term with the definition.

Definition: When the defendant sues the plaintiff.

Counterclaim

Match the term with the definition.

Definition: Attorneys who work at different law firms and represent the same party.

Co-counsel

Match the term with the definition.

Definition: A party who is not listed in the original claim.

Third Party

Match the term with the description.

Description: To see a remote participant, use a _______ platform.

Video Conference

Match the term with the description.

Description: Expedites are the ________ version of the transcript.

Final

Match the term with the description.

Description: The videographer's video can be used for playback during the _______.

Trial

Match the term with the description.

Description: When a transcript is signed by the reporter/transcriptionist.


Certified

Match the term with the description.

Description: A mini transcript usually contains _______ or more pages on one PDF page.

Four

Match the term with the description.

Description: Certificate pages appear at the _______ of the transcript.

End

Match the term with the description.

Description: The rough is an _______ version of the transcript.

Uncertified