Question 1

What recourse is available to a lawyer if a witness he or she has subpoenaed for trial fails to appear as scheduled?

Accepted Answer

The lawyer is in a good position to obtain a recess or a delay (continuance) of the trial or, possibly, an order for a mistrial due to the unavailability of evidence. By serving the subpoena the lawyer did all that could be done to insure that the trial could proceed in a normal manner.

Question 2

It is unethical to compensate a witness who is not an expert witness for his or her lost income in connection with trial preparation and/or appearing in trial.

Accepted Answer

A) True 
 B)False  False

Question 3

Under the calendar call system, what could a party do if a case has problems that require the case to be tried at a certain time?

Accepted Answer

If a party needed to have the case start trial on a certain day, the party could move the court for a "day certain" setting. If the moving party showed good cause for a day certain, the court could schedule the case to begin on a partic- ular day.

Question 4

Most courts have scheduling conferences and pretrial conferences which eliminates the need for:

Accepted Answer

A)  depositions. 
B)  motions. 
C)  calendar calls. 
D)  settlement negotiations. 
A)  depositions. 
B)  motions. 
C)  calendar calls. 
D)  settlement negotiations.

Question 5

If parties do not agree on the application or effect of certain evidence and exhibits they must also contest the foundation for the evidence and exhibits.

Accepted Answer

A) True 
 B)False

Question 6

What two things could a party do if the party wants to be sure that the opposing party will attend the trial at a particular time so that the opposing party will be available for cross-examination?

Accepted Answer

A party can compel the party to appear b

Question 7

When is a claim or defense considered to be frivolous?

Accepted Answer

A claim or defense is frivolou

Question 8

Define
-pretrial conference

Accepted Answer

A court orders a pretrial conference for

Question 9

Anything said between a lawyer or paralegal and a witness in preparation for trial is subject to discovery.

Accepted Answer

A) True 
 B)False

Question 10

Define
-scheduling conference

Accepted Answer

A scheduling conference is a c

Question 11

What three principal items tend to dictate a party's trial strategy?

Accepted Answer

A party's trial strategy is di

Question 12

Define
-subpoena

Accepted Answer

A subpoena is a document issued by a cou

Question 13

The lawyer is responsible to have a witness in court at the time he or she is needed after the lawyer has caused a subpoena to be served upon the witness.

Accepted Answer

A) True 
 B)False

Question 14

What may a party do if a scheduling order has set a trial date pursuant to Rule
16 and one or more of the parties determine that the schedule is not realistic?

Accepted Answer

In that case, the parties have

Question 15

How does "trial strategy" differ from a party's legal theory of the case?

Accepted Answer

A party's legal theory focuses upon the

Question 16

If a party finds new evidence while the trial is in progress, may that party introduce the new evidence?

Accepted Answer

Yes. Unlike discovery procedures, the pa

Question 17

A trial lawyer has no recourse against a witness who fails to show up but has not been subpoenaed.

Accepted Answer

A) True 
 B)False

Question 18

Define
-calendar call

Accepted Answer

A calendar call is a procedure in which

Question 19

Define
-pretrial order

Accepted Answer

A pretrial order is the court'

Question 20

With respect to the preparation of witnesses for trial:

Accepted Answer

A)  you may tell a witness what to say and how to say it. 
B)  you may tell a witness what to say, but you may not tell a witness how to say it. 
C)  you may not tell a witness what to say; you may tell a witness how to say it. 
D)  you may not tell a witness what to say and you may not tell a witness how to say it. 
A)  you may tell a witness what to say and how to say it. 
B)  you may tell a witness what to say, but you may not tell a witness how to say it. 
C)  you may not tell a witness what to say; you may tell a witness how to say it. 
D)  you may not tell a witness what to say and you may not tell a witness how to say it.

Exam 18: Preparation for Trial

What recourse is available to a lawyer if a witness he or she has subpoenaed for trial fails to appear as scheduled?

It is unethical to compensate a witness who is not an expert witness for his or her lost income in connection with trial preparation and/or appearing in trial.

Under the calendar call system, what could a party do if a case has problems that require the case to be tried at a certain time?

Most courts have scheduling conferences and pretrial conferences which eliminates the need for:

If parties do not agree on the application or effect of certain evidence and exhibits they must also contest the foundation for the evidence and exhibits.

What two things could a party do if the party wants to be sure that the opposing party will attend the trial at a particular time so that the opposing party will be available for cross-examination?

When is a claim or defense considered to be frivolous?

Define -pretrial conference

Anything said between a lawyer or paralegal and a witness in preparation for trial is subject to discovery.

Define -scheduling conference

What three principal items tend to dictate a party's trial strategy?

Define -subpoena

The lawyer is responsible to have a witness in court at the time he or she is needed after the lawyer has caused a subpoena to be served upon the witness.

What may a party do if a scheduling order has set a trial date pursuant to Rule 16 and one or more of the parties determine that the schedule is not realistic?

How does "trial strategy" differ from a party's legal theory of the case?

If a party finds new evidence while the trial is in progress, may that party introduce the new evidence?

A trial lawyer has no recourse against a witness who fails to show up but has not been subpoenaed.

Define -calendar call

Define -pretrial order

With respect to the preparation of witnesses for trial:

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Motions

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters