Question 1

Discuss various types of evidence.

Accepted Answer

There are several types of evidence that

Question 2

Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

Accepted Answer

Alternate dispute resolution (ADR) refer

Question 3

Which of the following is not considered as part of the pleadings in a civil case?

Accepted Answer

A)  Complaint. 
B)  Cross-complaint. 
C)  Answer. 
D)  Interrogatory. 
E)  None of the above. 
A)  Complaint. 
B)  Cross-complaint. 
C)  Answer. 
D)  Interrogatory. 
E)  None of the above.

Question 4

When an attorney is allowed to eliminate a prospective juror without giving a reason, this is called:

Accepted Answer

A)  Challenge for cause. 
B)  Special venire. 
C)  Process of elimination. 
D)  Peremptory challenge. 
E)  None of the above. 
A)  Challenge for cause. 
B)  Special venire. 
C)  Process of elimination. 
D)  Peremptory challenge. 
E)  None of the above.

Question 5

In a bifurcated system there are actually two trials in one proceeding. In a criminal trial the first portion pertains to establishing the innocence or guilt; the second portion is to:

Accepted Answer

A)  Determine punishment. 
B)  Determine the sufficiency of the evidence. 
C)  Plead. 
D)  Allow for an appeal. 
E)  All of the above. 
A)  Determine punishment. 
B)  Determine the sufficiency of the evidence. 
C)  Plead. 
D)  Allow for an appeal. 
E)  All of the above.

Question 6

Discuss the process of filing a civil lawsuit from the time of the event through discovery.

Accepted Answer

Filing a civil lawsuit involves several

Question 7

A defendant who pleads nolo contendere is:

Accepted Answer

A)  Denying culpability. 
B)  Accepting punishment. 
C)  Accepting culpability. 
D)  A and B. 
E)  B and C. 
A)  Denying culpability. 
B)  Accepting punishment. 
C)  Accepting culpability. 
D)  A and B. 
E)  B and C.

Question 8

In a criminal case, the state must convince a jury or a judge that the defendant is:

Accepted Answer

A)  Guilty by a preponderance of the evidence. 
B)  Guilty by reason of insanity. 
C)  Guilty beyond a reasonable doubt. 
D)  Guilty by clear and convincing evidence. 
E)  None of the above. 
A)  Guilty by a preponderance of the evidence. 
B)  Guilty by reason of insanity. 
C)  Guilty beyond a reasonable doubt. 
D)  Guilty by clear and convincing evidence. 
E)  None of the above.

Question 9

Opinion testimony from witnesses is generally excluded because:

Accepted Answer

A)  It is the jury's role to draw conclusions from the facts brought out by the witnesses. 
B)  Experts are usually paid to give their testimony. 
C)  The jury is just as competent as the witness in interpreting the facts. 
D)  A and B. 
E)  A and C. 
A)  It is the jury's role to draw conclusions from the facts brought out by the witnesses. 
B)  Experts are usually paid to give their testimony. 
C)  The jury is just as competent as the witness in interpreting the facts. 
D)  A and B. 
E)  A and C.

Question 10

Which of the following is not a form of evidence?

Accepted Answer

A)  Motion in limine. 
B)  Testimonial. 
C)  Tangible. 
D)  Judicial notice. 
E)  None of the above. 
A)  Motion in limine. 
B)  Testimonial. 
C)  Tangible. 
D)  Judicial notice. 
E)  None of the above.

Question 11

Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

Accepted Answer

The appellate procedure at the U.S. Supr

Question 12

When an appellate court finds only harmless error, the court:

Accepted Answer

A)  Sustains the lower court's decision. 
B)  Reverses the lower court's decision. 
C)  Remands the case to the lower court. 
D)  Hears the case en banc. 
E)  None of the above. 
A)  Sustains the lower court's decision. 
B)  Reverses the lower court's decision. 
C)  Remands the case to the lower court. 
D)  Hears the case en banc. 
E)  None of the above.

Question 13

The document the plaintiff files with a court in which she alleges that the defendant has caused her some injury is:

Accepted Answer

A)  Complaint. 
B)  Summons. 
C)  Response. 
D)  Motion for summary judgment. 
E)  Default judgment. 
A)  Complaint. 
B)  Summons. 
C)  Response. 
D)  Motion for summary judgment. 
E)  Default judgment.

Question 14

Define and discuss the Exclusionary Rule and the Rule against Hearsay, and the purposes of each.

Accepted Answer

The Exclusionary Rule is a legal princip

Question 15

Questions of fact are decided by:

Accepted Answer

A)  Jury in a jury trial. 
B)  Judge in a bench trial. 
C)  Appellate judges. 
D)  A and B. 
E)  A and C. 
A)  Jury in a jury trial. 
B)  Judge in a bench trial. 
C)  Appellate judges. 
D)  A and B. 
E)  A and C.

Question 16

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 17

Agreeing to plead guilty to a lesser offense for a lighter sentence is called:

Accepted Answer

A)  Plea bargaining. 
B)  Indicting. 
C)  No billing. 
D)  Injunction. 
E)  None of the above. 
A)  Plea bargaining. 
B)  Indicting. 
C)  No billing. 
D)  Injunction. 
E)  None of the above.

Question 18

Assume that Derek Jeter and the Steinbrenner family, owners of the New York Yankees, are involved in a controversy over the amount that Jeter is to be paid during the next contract term. They agree to submit the question to a neutral third party and to be bound by the decision of that person. This is known as:

Accepted Answer

A)  Mediation. 
B)  Arbitration. 
C)  Compromise. 
D)  ARM. 
E)  None of the above. 
A)  Mediation. 
B)  Arbitration. 
C)  Compromise. 
D)  ARM. 
E)  None of the above.

Question 19

Discuss the criminal process from the time of the event through the arraignment.

Accepted Answer

The criminal process begins with the com

Question 20

The presumption of innocence means that at trial:

Accepted Answer

A)  Defendant must prove that she is not guilty. 
B)  State must prove that the defendant is guilty. 
C)  Only a judge may find the defendant guilty. 
D)  Only a jury may find the defendant guilty. 
E)  None of the above. 
A)  Defendant must prove that she is not guilty. 
B)  State must prove that the defendant is guilty. 
C)  Only a judge may find the defendant guilty. 
D)  Only a jury may find the defendant guilty. 
E)  None of the above.

Discuss various types of evidence.

Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

Which of the following is not considered as part of the pleadings in a civil case?

When an attorney is allowed to eliminate a prospective juror without giving a reason, this is called:

In a bifurcated system there are actually two trials in one proceeding. In a criminal trial the first portion pertains to establishing the innocence or guilt; the second portion is to:

Discuss the process of filing a civil lawsuit from the time of the event through discovery.

A defendant who pleads nolo contendere is:

In a criminal case, the state must convince a jury or a judge that the defendant is:

Opinion testimony from witnesses is generally excluded because:

Which of the following is not a form of evidence?

Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

When an appellate court finds only harmless error, the court:

The document the plaintiff files with a court in which she alleges that the defendant has caused her some injury is:

Define and discuss the Exclusionary Rule and the Rule against Hearsay, and the purposes of each.

Questions of fact are decided by:

A plurality opinion:

Agreeing to plead guilty to a lesser offense for a lighter sentence is called:

Discuss the criminal process from the time of the event through the arraignment.

The presumption of innocence means that at trial:

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 various types of evidence.

Discuss the purpose of alternate dispute resolution, its advantages and disadvantages, and its various formats.

Which of the following is not considered as part of the pleadings in a civil case?

When an attorney is allowed to eliminate a prospective juror without giving a reason, this is called:

In a bifurcated system there are actually two trials in one proceeding. In a criminal trial the first portion pertains to establishing the innocence or guilt; the second portion is to:

Discuss the process of filing a civil lawsuit from the time of the event through discovery.

A defendant who pleads nolo contendere is:

In a criminal case, the state must convince a jury or a judge that the defendant is:

Opinion testimony from witnesses is generally excluded because:

Which of the following is not a form of evidence?

Discuss the appellate procedure at the U.S. Supreme Court and the state appellate courts including, but not limited to, the procedures for selecting and deciding cases and the types of opinions.

When an appellate court finds only harmless error, the court:

The document the plaintiff files with a court in which she alleges that the defendant has caused her some injury is:

Define and discuss the Exclusionary Rule and the Rule against Hearsay, and the purposes of each.

Questions of fact are decided by:

A plurality opinion:

Agreeing to plead guilty to a lesser offense for a lighter sentence is called:

Discuss the criminal process from the time of the event through the arraignment.

The presumption of innocence means that at trial:

Introduction

History and the Law

Court Organization

Limitations

Constitutional Law

Criminal Law

Administrative Law

Environmental Law

Torts

Contracts

Property

Family Law

Conclusion

Filters