Question 1

Discuss the process of summoning and selecting a jury.

Accepted Answer

The process of summoning and selecting a jury begins with the compilation of a list of potential jurors. This list is usually created using voter registration records, driver's license records, or other official databases. Once the list is compiled, potential jurors are randomly selected and summoned to appear in court for jury duty.

When the potential jurors arrive at the courthouse, they are typically asked to fill out a questionnaire to determine their eligibility to serve on a jury. This questionnaire may ask about their background, experiences, and any biases they may have that could affect their ability to be impartial.

After the questionnaires are reviewed, the potential jurors are then called into the courtroom for the selection process, known as voir dire. During voir dire, the judge, and sometimes the attorneys for both the prosecution and the defense, ask the potential jurors questions to determine if they are suitable to serve on the jury for the specific case at hand.

The attorneys may also have the opportunity to challenge potential jurors for cause, meaning they believe the juror may be biased or unable to be impartial. Additionally, each side is typically given a certain number of peremptory challenges, which allow them to dismiss potential jurors without having to provide a specific reason.

Once the jury selection process is complete, the chosen jurors are sworn in and the trial can proceed. It is important for the jury to be representative of the community and for the selection process to be fair and impartial in order to ensure a just trial.

Question 2

Potential jurors who exhibit obvious and apparent bias are dismissed by:

Accepted Answer

A)  Pro se motions. 
B)  Pro bono motions. 
C)  Peremptory challenges. 
D)  Challenges for cause. 
E)  Pro publico challenges. 
A)  Pro se motions. 
B)  Pro bono motions. 
C)  Peremptory challenges. 
D)  Challenges for cause. 
E)  Pro publico challenges. D

Question 3

As to every factual issue, one of the parties has the duty to properly raise the issue through pleadings, admissible evidence and persuasion is called:

Accepted Answer

A)  Burden of proof. 
B)  Presumption of innocence. 
C)  Proof beyond a reasonable doubt. 
D)  Privilege. 
E)  None of the above. 
A)  Burden of proof. 
B)  Presumption of innocence. 
C)  Proof beyond a reasonable doubt. 
D)  Privilege. 
E)  None of the above. A

Question 4

An order from a higher court to a lower court to send up the record of case so that the higher court may review the case is:

Accepted Answer

A)  Motion for habeas corpus. 
B)  Writ of certiorari. 
C)  Writ of certification. 
D)  Corpus delicti. 
E)  None of the above. 
A)  Motion for habeas corpus. 
B)  Writ of certiorari. 
C)  Writ of certification. 
D)  Corpus delicti. 
E)  None of the above.

Question 5

Discuss discovery including, but not limited to, its purposes and formats.

Accepted Answer

Discovery is the process of gathering in

Question 6

The judge may--within limited circumstances--alter a jury verdict under the doctrine of:

Accepted Answer

A)  Judgment notwithstanding the verdict. 
B)  Replevin. 
C)  Contributory negligence. 
D)  Res ipsa loquitor. 
E)  None of the above. 
A)  Judgment notwithstanding the verdict. 
B)  Replevin. 
C)  Contributory negligence. 
D)  Res ipsa loquitor. 
E)  None of the above.

Question 7

Which of the following is not true of a civil case?

Accepted Answer

A)  Either party may request a jury trial. 
B)  The plaintiff's case is presented prior to the defendant's case. 
C)  The trial judge never determines the facts. 
D)  The verdict is always a special issues verdict. 
E)  None of the above. 
A)  Either party may request a jury trial. 
B)  The plaintiff's case is presented prior to the defendant's case. 
C)  The trial judge never determines the facts. 
D)  The verdict is always a special issues verdict. 
E)  None of the above.

Question 8

If the defendant in a civil suit fails to respond to a summons, the judge may render a:

Accepted Answer

A)  Summary judgment. 
B)  Judgment by default. 
C)  Complaint. 
D)  Deposition. 
E)  Directed verdict. 
A)  Summary judgment. 
B)  Judgment by default. 
C)  Complaint. 
D)  Deposition. 
E)  Directed verdict.

Question 9

A general demurrer involves:

Accepted Answer

A)  Denying the facts purporting to create a cause of action. 
B)  Asserting that the complaint does not state a cause of action. 
C)  Pointing out the technical and procedural defects in the complaint. 
D)  Choosing not to respond to the complaint at all. 
E)  None of the above. 
A)  Denying the facts purporting to create a cause of action. 
B)  Asserting that the complaint does not state a cause of action. 
C)  Pointing out the technical and procedural defects in the complaint. 
D)  Choosing not to respond to the complaint at all. 
E)  None of the above.

Question 10

A case is deemed "overruled" when:

Accepted Answer

A)  The trial court judge does not follow precedent established by appellate courts. 
B)  A case is appealed. 
C)  It is declared to have been wrongly decided in a subsequent case on appeal. 
D)  Judges follow precedent. 
E)  None of the above. 
A)  The trial court judge does not follow precedent established by appellate courts. 
B)  A case is appealed. 
C)  It is declared to have been wrongly decided in a subsequent case on appeal. 
D)  Judges follow precedent. 
E)  None of the above.

Question 11

Rebecca is bringing a lawsuit against Tracy for personal injuries and property damage because of an automobile accident. Which of the following statements is correct?

Accepted Answer

A)  The initial document filed with the court is the complaint or petition. 
B)  The suit cannot proceed if Tracy cannot be served. 
C)  Tracy may file for a demurrer if Rebecca does not establish a prima facie case in her pleadings. 
D)  A default judgment may be issued against Tracy if she does not file an answer after being served. 
E)  All of the above. 
A)  The initial document filed with the court is the complaint or petition. 
B)  The suit cannot proceed if Tracy cannot be served. 
C)  Tracy may file for a demurrer if Rebecca does not establish a prima facie case in her pleadings. 
D)  A default judgment may be issued against Tracy if she does not file an answer after being served. 
E)  All of the above.

Question 12

A plurality opinion:

Accepted Answer

A)  Is one where all the judges agree on both the reasoning and the outcome of a case. 
B)  Is one where at least five of the judges on a nine-person court agree on both the reasoning and the outcome of the case. 
C)  Is one where at least five of the judges on a nine-person court agree on the outcome but not necessarily the reasoning of a case. 
D)  Is absolutely binding as precedent. 
E)  None of the above. 
A)  Is one where all the judges agree on both the reasoning and the outcome of a case. 
B)  Is one where at least five of the judges on a nine-person court agree on both the reasoning and the outcome of the case. 
C)  Is one where at least five of the judges on a nine-person court agree on the outcome but not necessarily the reasoning of a case. 
D)  Is absolutely binding as precedent. 
E)  None of the above.

Question 13

Which of the following are basic qualifications for a witness?

Accepted Answer

A)  Ability to communicate with the judge and/or jury. 
B)  Understanding of the duty to tell the truth. 
C)  Personal knowledge of the facts. 
D)  All of the above. 
E)  None of the above. 
A)  Ability to communicate with the judge and/or jury. 
B)  Understanding of the duty to tell the truth. 
C)  Personal knowledge of the facts. 
D)  All of the above. 
E)  None of the above.

Question 14

Damages that are awarded in a civil suit (such as libel) to teach the wrongdoer a lesson are called:

Accepted Answer

A)  Prison sentences. 
B)  General damages. 
C)  Compensatory damages. 
D)  Contributory damages. 
E)  Punitive damages. 
A)  Prison sentences. 
B)  General damages. 
C)  Compensatory damages. 
D)  Contributory damages. 
E)  Punitive damages.

Question 15

Evidence introduced at trials:

Accepted Answer

A)  May be excluded for one purpose and admitted for another. 
B)  May be excluded if it is the fruit of a tainted search in a criminal case. 
C)  May be excluded if the police improperly conducted the interrogation. 
D)  All of the above. 
E)  None of the above. 
A)  May be excluded for one purpose and admitted for another. 
B)  May be excluded if it is the fruit of a tainted search in a criminal case. 
C)  May be excluded if the police improperly conducted the interrogation. 
D)  All of the above. 
E)  None of the above.

Question 16

As part of the divorce proceedings between Rhett and Scarlett, the judge mandates that the couple consult a neutral third party, Margaret Mitchell, about the property division and advises them that the Court will consider Mitchell's recommendations binding. This is known as:

Accepted Answer

A)  Mediation. 
B)  Court-annexed arbitration. 
C)  Compromise. 
D)  ARM. 
E)  A peaceful solution. 
A)  Mediation. 
B)  Court-annexed arbitration. 
C)  Compromise. 
D)  ARM. 
E)  A peaceful solution.

Question 17

Discuss the stages of an appeal.

Accepted Answer

The stages of an appeal typically includ

Question 18

Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

Accepted Answer

A civil lawsuit typically begins with th

Question 19

The _________________of a criminal case is determined by the geographic location of a crime.

Accepted Answer

A)  Voir dire. 
B)  Venue. 
C)  Verdict. 
D)  Venire. 
E)  None of the above. 
A)  Voir dire. 
B)  Venue. 
C)  Verdict. 
D)  Venire. 
E)  None of the above.

Question 20

A jury which cannot agree on a verdict in a case that requires a unanimous verdict is said to be:

Accepted Answer

A)  Stagnant. 
B)  Impassive. 
C)  Garroted. 
D)  Hung. 
A)  Stagnant. 
B)  Impassive. 
C)  Garroted. 
D)  Hung.

Discuss the process of summoning and selecting a jury.

Potential jurors who exhibit obvious and apparent bias are dismissed by:

As to every factual issue, one of the parties has the duty to properly raise the issue through pleadings, admissible evidence and persuasion is called:

An order from a higher court to a lower court to send up the record of case so that the higher court may review the case is:

Discuss discovery including, but not limited to, its purposes and formats.

The judge may--within limited circumstances--alter a jury verdict under the doctrine of:

Which of the following is not true of a civil case?

If the defendant in a civil suit fails to respond to a summons, the judge may render a:

A general demurrer involves:

A case is deemed "overruled" when:

Rebecca is bringing a lawsuit against Tracy for personal injuries and property damage because of an automobile accident. Which of the following statements is correct?

A plurality opinion:

Which of the following are basic qualifications for a witness?

Damages that are awarded in a civil suit (such as libel) to teach the wrongdoer a lesson are called:

Evidence introduced at trials:

As part of the divorce proceedings between Rhett and Scarlett, the judge mandates that the couple consult a neutral third party, Margaret Mitchell, about the property division and advises them that the Court will consider Mitchell's recommendations binding. This is known as:

Discuss the stages of an appeal.

Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

The _________________of a criminal case is determined by the geographic location of a crime.

A jury which cannot agree on a verdict in a case that requires a unanimous verdict is said to be:

Introduction

History and the Law

Court Organization

Limitations

Constitutional Law

Criminal Law

Administrative Law

Environmental Law

Torts

Contracts

Property

Family Law

Conclusion

Filters

Exam 4: Procedure and Evidence

Discuss the process of summoning and selecting a jury.

Potential jurors who exhibit obvious and apparent bias are dismissed by:

As to every factual issue, one of the parties has the duty to properly raise the issue through pleadings, admissible evidence and persuasion is called:

An order from a higher court to a lower court to send up the record of case so that the higher court may review the case is:

Discuss discovery including, but not limited to, its purposes and formats.

The judge may--within limited circumstances--alter a jury verdict under the doctrine of:

Which of the following is not true of a civil case?

If the defendant in a civil suit fails to respond to a summons, the judge may render a:

A general demurrer involves:

A case is deemed "overruled" when:

Rebecca is bringing a lawsuit against Tracy for personal injuries and property damage because of an automobile accident. Which of the following statements is correct?

A plurality opinion:

Which of the following are basic qualifications for a witness?

Damages that are awarded in a civil suit (such as libel) to teach the wrongdoer a lesson are called:

Evidence introduced at trials:

As part of the divorce proceedings between Rhett and Scarlett, the judge mandates that the couple consult a neutral third party, Margaret Mitchell, about the property division and advises them that the Court will consider Mitchell's recommendations binding. This is known as:

Discuss the stages of an appeal.

Discuss a civil lawsuit from the time of discovery through the verdict and enforcing the judgment.

The _________________of a criminal case is determined by the geographic location of a crime.

A jury which cannot agree on a verdict in a case that requires a unanimous verdict is said to be:

Introduction

History and the Law

Court Organization

Limitations

Constitutional Law

Criminal Law

Administrative Law

Environmental Law

Torts

Contracts

Property

Family Law

Conclusion

Filters