NYS Legal Terminology and Principles 4 — Questions and Answers
Question 1: What is 'res judicata'?
- A court order requiring action
- The principle that a matter already judged cannot be re-litigated (Correct answer)
- Physical evidence in a case
- A judicial statement made outside court
Correct answer: The principle that a matter already judged cannot be re-litigated
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'?
- To request a continuance
- To request that certain evidence be excluded before trial begins (Correct answer)
- To appeal a verdict
- To add new charges before sentencing
Correct answer: To request that certain evidence be excluded before trial begins
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'?
- Pleading guilty to all charges
- A defense that admits the act but offers a legal justification or excuse (Correct answer)
- Requesting a jury trial
- Challenging the credibility of a witness
Correct answer: A defense that admits the act but offers a legal justification or excuse
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?
- The person or entity that brings a lawsuit (Correct answer)
- The judge presiding over the case
- The defendant's attorney
- A witness for the court
Correct answer: The person or entity that brings a lawsuit
The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant.
Question 5: What is a 'deposition'?
- A judge's written opinion
- A sworn out-of-court statement taken during pre-trial discovery (Correct answer)
- A court order to produce evidence
- A formal sentencing recommendation
Correct answer: A sworn out-of-court statement taken during pre-trial discovery
A deposition is sworn testimony given by a witness outside of court during the discovery phase that can be used at trial.
Question 6: What is 'stare decisis'?
- The right to remain silent
- The legal principle requiring courts to follow prior court decisions as precedent (Correct answer)
- A motion to change venue
- A judge's instruction to the jury
Correct answer: The legal principle requiring courts to follow prior court decisions as precedent
Stare decisis obligates courts to follow the precedent established in earlier decisions to ensure consistency in the law.
Question 7: What is a 'recognizance' in criminal procedure?
- A formal guilty plea
- A written promise by a defendant to appear in court without posting bail (Correct answer)
- A court order to search a premises
- A waiver of jury trial
Correct answer: A written promise by a defendant to appear in court without posting bail
Release on recognizance (ROR) allows a defendant to be released without bail based on a promise to appear at future court dates.
