The Language of Motion Practice

As an aspiring member of the legal profession, you are expected to be accurate and precise in using legal terminology. Test your level of legal literacy by selecting the most appropriate term among the choices offered in each of these illustrative sentences from motion practice:

1. The defendant's motion to dismiss the complaint for failure to state a cause of action in negligence should be ____________, on the ground that the complaint alleges facts that support all of the elements of a negligence claim.

A. dismissed
B. distinguished
C. denied

2. The plaintiff requests that its motion to ____________ a subpoena seeking all of plaintiff's business records from the past ten years should be granted on the ground that the subpoena is unreasonably broad in scope.

A. squash
B. quash
C. quit

3. Ruling on defendant's motion to dismiss the complaint for failure to state a claim with sufficient particularity, the court granted the motion to dismiss, with leave to plaintiff to ____________ the complaint.

A. replead
B. replevin
C. replenish

4. Charged with multiple counts of possessing illegal fireworks after police officers seized the fireworks from defendant's garage, the defendant moved to ____________ this evidence on the ground that the officers did not have a warrant to conduct a search and seizure.

A. suspend
B. suppress
C. surrender

5. The defendant opposed the prosecution's offer in evidence of defendant's prior perjury conviction to ____________ defendant's credibility in a jury trial, on the ground that the prior conviction was similar to the current charge and that the jurors' awareness of the conviction would prejudice them against the defendant on the basis of her past conduct.

A. impugn
B. indict
C. impeach
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