Exam 11: Litigation Procedure and Evidence

Concurrent jurisdiction occurs when more than one court has the authority to decide a case.

Testimony based on a memorandum or record indicating a witness's previous statements concerning a matter that the witness cannot now remember with sufficient accuracy to testify fully about the matter is known as

Judicial notice allows a judge to acknowledge the existence of a historical, scientific or publicly known fact such as dates and federal and state laws, and not require testimony.

Damages are a type of equitable remedy.

There is no cross-examination of witnesses before an appellate court.

Which of the following is conducted by attorneys, rather than by the judge in a case?

Equitable remedies include specific performance, rescission of a contract and injunctions.

Service of process can be made by in hand or by abode service or by publication per court order.

Interrogatories but not depositions may be directed to a nonparty.

An appellate court does not hear questions of fact, so there are no juries that will issue a verdict.

Personal jurisdiction over a defendant may be obtained under a long-arm statute because the defendant

The burden of proof in a criminal case ( beyond a reasonable) is more difficult to meet than that in a civil case (doubt preponderance of the evidence.)

Affirmative defenses include:

The U.S.Supreme Court reviews the questions of fact decided by the U.S.Courts of Appeals.

A type of alternative dispute resolution that may be non-binding or binding that occurs when a third person is appointed by the courts or selected by the parties to hear a matter and issue a decision in the case is known as