Litigation Study Guide
2026 | Practice Questions,
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, Unethical For an attorney or paralegal working with the attorney to personally contact an
opposing party who is represented by counsel is...
Settlement Agreement A contract between two or more parties to a settle a case is know as a...
Dismissal with Prejudice A document filed with the clerk of court that ends a lawsuit, and by its terms states
that no other lawsuits may be brought by the same persons on the same subject
matter or claims, is called a...
Dismissal without Prejudice A document filed with the clerk of court that ends a lawsuit, but allows another
lawsuit to be brought by the same persons on the same subject matter or claims, is
called a...
Consent Decree When the defendant consents to take certain actions, often without admitting fault
for the plaintiff's claims, this is called a...
Case Citation This may contain a pinpoint citation, is a legal address, and may be accompanied
by a parallel citation.
Judge A memorandum of law, also known as a brief, is usually submitted to a...
During the Trial A Motion for Directed is made when?
Diversity of Citizenship The two bases of federal jurisdiction are: 1) federal question (statutory or
constitutional), and...
Objective/Neutral An interoffice memo should be...
Primary Mandatory Authority This is law, "rolls downhill," and is binding on lower courts in the same jurisdiction.
Persuasive Authority This is case law, statutory law, or an ordinance if they come from outside of your
jurisdiction.
Mandatory Authority This is case law, statutory law, or an ordinance if they come from within your district.
Appellant The person who appeals a case to a higher court is called the...
Notice of Appeal A document filed with the court and served on the opposing party, giving notice of
an intention to appeal is called a...