Question 1

Define
-case-in-chief

Accepted Answer

The body of evidence a party presents to establish the party's claim or affir- mative defenses before the party rests; it does not include the party's rebuttal evidence.

Question 2

Define
-offer of proof

Accepted Answer

A procedure that may be used at trial to put in the record evidence which the trial judge disallowed. The offer of proof may be made by having the witness testify, out of the hearing of the jury, about the matters excluded by the judge's ruling.

Question 3

Motions in limine may deal with both procedural and substantive legal issues.

Accepted Answer

A) True 
 B)False  False

Question 4

Which party may make the first opening statement?

Accepted Answer

The party who has the burden of proof ha

Question 5

Define
-prima facie case

Accepted Answer

A party has presented a prima facie case

Question 6

Define
-rests

Accepted Answer

A party rests when the party formally an

Question 7

The plaintiff's lawyer may not state the amount of money damages the plaintiff claims in an opening statement.

Accepted Answer

A) True 
 B)False

Question 8

A direct examination question may suggest the answer that the examiner wants to hear.

Accepted Answer

A) True 
 B)False

Question 9

The plaintiff cannot offer rebuttal evidence on matters not raised or covered in the defendant's case-in-chief.

Accepted Answer

A) True 
 B)False

Question 10

What may the interrogator do if he or she believes that the court has erred in sustaining an objection to a question?

Accepted Answer

He or she may request permissi

Question 11

What are the limitations on a lawyer's opening statement?

Accepted Answer

A lawyer may not argue the fac

Question 12

The impeached testimony of a witness may still support a verdict.

Accepted Answer

A) True 
 B)False

Question 13

The Federal Rules of Civil Procedure impose a time limit on opening state- ments.

Accepted Answer

A) True 
 B)False

Question 14

A lawyer may not cross-examine:

Accepted Answer

A)  any witness aligned with the opposing side. 
B)  any witness who is overtly hostile. 
C)  any independent witness whom the lawyer calls to testify. 
D)  any independent witness who the opposing party calls to testify. 
A)  any witness aligned with the opposing side. 
B)  any witness who is overtly hostile. 
C)  any independent witness whom the lawyer calls to testify. 
D)  any independent witness who the opposing party calls to testify.

Question 15

What is meant by a fair preponderance of the evidence?

Accepted Answer

The evidence proves that the f

Question 16

What is a prima facie case?

Accepted Answer

A prima facie case means that the party

Question 17

What steps may a plaintiff take if the defendant's evidence does not cover all the elements of an alleged affirmative defense?

Accepted Answer

The plaintiff may move for jud

Question 18

Which of the following statements in an opening statement is not objectionable?

Accepted Answer

A)  "The evidence will show that the defendant was driving much too fast for conditions." 
B)  "The evidence will show that the defendant was driving 40 miles per hour in a 30 mile per hour zone." 
C)  "The defendant was negligent for driving 40 miles per hour in a 30 mile per hour zone." 
D)  All of the above. 
E)  None of the above. 
A)  "The evidence will show that the defendant was driving much too fast for conditions." 
B)  "The evidence will show that the defendant was driving 40 miles per hour in a 30 mile per hour zone." 
C)  "The defendant was negligent for driving 40 miles per hour in a 30 mile per hour zone." 
D)  All of the above. 
E)  None of the above.

Question 19

What is the consequence if the plaintiff fails to prove a prima facie case?

Accepted Answer

The plaintiff's claim is subje

Question 20

The plaintiff can require the defendant to testify as part of the plaintiff's case- in-chief.

Accepted Answer

A) True 
 B)False

Exam 19: Structure of a Civil Trial

Define -case-in-chief

Define -offer of proof

Motions in limine may deal with both procedural and substantive legal issues.

Which party may make the first opening statement?

Define -prima facie case

Define -rests

The plaintiff's lawyer may not state the amount of money damages the plaintiff claims in an opening statement.

A direct examination question may suggest the answer that the examiner wants to hear.

The plaintiff cannot offer rebuttal evidence on matters not raised or covered in the defendant's case-in-chief.

What may the interrogator do if he or she believes that the court has erred in sustaining an objection to a question?

What are the limitations on a lawyer's opening statement?

The impeached testimony of a witness may still support a verdict.

The Federal Rules of Civil Procedure impose a time limit on opening state- ments.

A lawyer may not cross-examine:

What is meant by a fair preponderance of the evidence?

What is a prima facie case?

What steps may a plaintiff take if the defendant's evidence does not cover all the elements of an alleged affirmative defense?

Which of the following statements in an opening statement is not objectionable?

What is the consequence if the plaintiff fails to prove a prima facie case?

The plaintiff can require the defendant to testify as part of the plaintiff's case- in-chief.

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

Preparation for Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters