RMR Registered Merit Reporter study materials
RMR Registered Merit Reporter study resources

RMR Registered Merit Reporter: Legal Terminology and Court Procedure

RMR Registered Merit Reporter · Work through your exam, one topic at a time.

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Legal Terminology and Court Procedure

The framework

Know the difference between civil and criminal cases, and the roles of jurisdiction and venue. Follow the sequence: pleadings (complaint, answer, reply), discovery (interrogatories, requests for production, depositions, requests for admission), pretrial motions (motion in limine, motion for summary judgment, motion to dismiss), trial (voir dire, opening statements, direct, cross, redirect, recross, closing, instructions, verdict, judgment), and appeal (appellant, appellee, record on appeal, remand).

Objection vocabulary

Leading, hearsay, relevance, foundation, speculation, compound, narrative, argumentative, asked and answered, lack of personal knowledge, and best evidence. Leading questions are generally allowed on cross but restricted on direct. "Sustained" means the objection is upheld; "overruled" means it is denied.

Terms that trip candidates

Subpoena (a command to appear or produce) versus summons (notice of suit); pro se (self-represented) versus pro hac vice (out-of-state attorney admitted for one case); res judicata versus stare decisis; preponderance of the evidence versus clear and convincing evidence versus beyond a reasonable doubt. Also distinguish deposition testimony from trial testimony and "on the record" from "off the record."

Worked example

During direct examination, counsel asks, "You saw the defendant run the light, didn't you?" The objection "leading" is likely proper because the question suggests the answer. The same question on cross is usually permitted. Rule of thumb: match the objection to both the ground and the stage of examination.