Question 1

Briefly describe the burden of proof for criminal cases.

Accepted Answer

For criminal cases,the burden of proof is described as beyond a reasonable doubt.This means that the prosecution in a criminal case has the burden of convincing the trier of fact,usually a jury,that a defendant is guilty of the crime charged and that the jury has no reasonable doubt about the defendant's guilt.This burden of proof does not require evidence beyond any doubt,only beyond a reasonable doubt.A reasonable doubt is one that a reasonable person viewing the evidence might reasonably entertain.This standard is not used in civil cases.

Question 2

In the pretrial phase of litigation,if a party fails to produce relevant,requested evidence,the party seeking the information is most likely to __________.

Accepted Answer

A)  file a request for an admission 
B)  request for a voir dire examination 
C)  file a motion to compel discovery 
D)  file a motion for a summary judgment 
E)  file a petition for a writ of certiorari 
A)  file a request for an admission 
B)  request for a voir dire examination 
C)  file a motion to compel discovery 
D)  file a motion for a summary judgment 
E)  file a petition for a writ of certiorari C

Question 3

Alan committed a felony in Delaware and returned to Minnesota,where he lives permanently.Alan has a respectable job in Minnesota and is a respected citizen there.When the Delaware police locate Alan,_____.

Accepted Answer

A)  they can arrest Alan in Minnesota and transport him to Delaware because of the felony he committed in Delaware 
B)  he can be arrested and tried in Minnesota for the Delaware felony 
C)  they must obtain a standing to sue from the police of Minnesota to be allowed to arrest Alan 
D)  they must wait until the statute of limitations for the felony runs out 
E)  they must seek extradition of Alan to have him transported to Delaware 
A)  they can arrest Alan in Minnesota and transport him to Delaware because of the felony he committed in Delaware 
B)  he can be arrested and tried in Minnesota for the Delaware felony 
C)  they must obtain a standing to sue from the police of Minnesota to be allowed to arrest Alan 
D)  they must wait until the statute of limitations for the felony runs out 
E)  they must seek extradition of Alan to have him transported to Delaware E

Question 4

In appellate procedures,each party files a(n)_____ that contains a short description of a case,a factual summary,legal points and authorities,and arguments for reversing or affirming a lower court decision.

Accepted Answer

A)  affidavit 
B)  caucus 
C)  brief 
D)  deposition 
E)  motion 
A)  affidavit 
B)  caucus 
C)  brief 
D)  deposition 
E)  motion

Question 5

Differentiate between a judgment notwithstanding the verdict and motion for judgment as a matter of law.When are they used?

Accepted Answer

The party who is dissatisfied with a jur

Question 6

_____,made by a lawyer in a trial,familiarizes a jury with the essential facts that each side expects to prove.

Accepted Answer

A)  A deposition 
B)  An opening statement 
C)  Res judicata 
D)  A summation 
E)  Voir dire 
A)  A deposition 
B)  An opening statement 
C)  Res judicata 
D)  A summation 
E)  Voir dire

Question 7

When a petition for certiorari is filed to the Supreme Court,the party initiating the petition is the petitioner and the other party is known as the _____.

Accepted Answer

A)  plaintiff 
B)  respondent 
C)  appellant 
D)  counterplaintiff 
E)  defendant 
A)  plaintiff 
B)  respondent 
C)  appellant 
D)  counterplaintiff 
E)  defendant

Question 8

When deciding on a jury panel,either party in a lawsuit can challenge or excuse a prospective juror on the basis of the juror's _____.

Accepted Answer

A)  race 
B)  gender 
C)  lack of bias toward a case 
D)  ethnicity 
E)  relationship to the opposing party 
A)  race 
B)  gender 
C)  lack of bias toward a case 
D)  ethnicity 
E)  relationship to the opposing party

Question 9

Which of the following parties could sue to stop a merger of two companies?

Accepted Answer

A)  Only the chief executive officer of the two companies' biggest competitor 
B)  Any competitor of either of the two companies 
C)  Any consumer of one of the two companies 
D)  Any concerned third party 
E)  Only a shareholder of one of the two companies 
A)  Only the chief executive officer of the two companies' biggest competitor 
B)  Any competitor of either of the two companies 
C)  Any consumer of one of the two companies 
D)  Any concerned third party 
E)  Only a shareholder of one of the two companies

Question 10

The summons,delivered to a defendant by a court official,provides the date by which a defendant must __________.

Accepted Answer

A)  respond with a written pleading 
B)  establish standing to sue 
C)  request discovery 
D)  provide garnishment 
E)  file a peremptory challenge 
A)  respond with a written pleading 
B)  establish standing to sue 
C)  request discovery 
D)  provide garnishment 
E)  file a peremptory challenge

Question 11

The discovery process narrows the issues disputed by the parties involved in a lawsuit.

Accepted Answer

A) True 
 B)False

Question 12

What is the purpose of discovery procedures?

Accepted Answer

Discovery practice is designed to ensure

Question 13

Which of the following statements is true of criminal suits?

Accepted Answer

A)  Personal jurisdiction over a plaintiff is obtained by an affidavit submitted by the police. 
B)  A plaintiff has to establish standing to sue for a court to have personal jurisdiction over a case. 
C)  A defendant may agree to submit to a court's authority even though personal jurisdiction cannot be obtained. 
D)  A defendant cannot waive any objection to a court's exercise of personal jurisdiction. 
E)  A court may have jurisdiction over a case even if the crime is not committed within the state of the court that is obtaining jurisdiction. 
A)  Personal jurisdiction over a plaintiff is obtained by an affidavit submitted by the police. 
B)  A plaintiff has to establish standing to sue for a court to have personal jurisdiction over a case. 
C)  A defendant may agree to submit to a court's authority even though personal jurisdiction cannot be obtained. 
D)  A defendant cannot waive any objection to a court's exercise of personal jurisdiction. 
E)  A court may have jurisdiction over a case even if the crime is not committed within the state of the court that is obtaining jurisdiction.

Question 14

In a civil lawsuit,personal jurisdiction over a defendant is usually obtained by a notice to appear in court.This delivery of notice is referred to as __________

Accepted Answer

A)  res judicata 
B)  a discharge 
C)  service of process 
D)  ratio decidendi 
E)  extradition 
A)  res judicata 
B)  a discharge 
C)  service of process 
D)  ratio decidendi 
E)  extradition

Question 15

If a prospective juror admits bias favoring one of the parties to a trial,that person is most likely to be excused for __________.

Accepted Answer

A)  peremptory challenge 
B)  cause 
C)  discovery 
D)  lack of standing 
E)  being respondent 
A)  peremptory challenge 
B)  cause 
C)  discovery 
D)  lack of standing 
E)  being respondent

Question 16

When the result of a case at the trial court level is appealed,the party appealing is usually referred to as the appellee.

Accepted Answer

A) True 
 B)False

Question 17

What is the statute of limitations?

Accepted Answer

The statute of limitations is a prescrib

Question 18

Standing to sue is determined __________.

Accepted Answer

A)  by the filing of a motion in limine 
B)  at the discovery phase of the litigation 
C)  by the outcome of the litigation 
D)  at the outset of the litigation 
E)  using voir dire during jury selection 
A)  by the filing of a motion in limine 
B)  at the discovery phase of the litigation 
C)  by the outcome of the litigation 
D)  at the outset of the litigation 
E)  using voir dire during jury selection

Question 19

What is the purpose of a voir dire examination?

Accepted Answer

As a case is called,the first order of b

Question 20

In a deposition,a lawyer orally asks questions of the possible witness and an oral response is given.

Accepted Answer

A) True 
 B)False

Exam 4: Litigation

Briefly describe the burden of proof for criminal cases.

In the pretrial phase of litigation,if a party fails to produce relevant,requested evidence,the party seeking the information is most likely to __________.

Alan committed a felony in Delaware and returned to Minnesota,where he lives permanently.Alan has a respectable job in Minnesota and is a respected citizen there.When the Delaware police locate Alan,_____.

In appellate procedures,each party files a(n)_____ that contains a short description of a case,a factual summary,legal points and authorities,and arguments for reversing or affirming a lower court decision.

Differentiate between a judgment notwithstanding the verdict and motion for judgment as a matter of law.When are they used?

_____,made by a lawyer in a trial,familiarizes a jury with the essential facts that each side expects to prove.

When a petition for certiorari is filed to the Supreme Court,the party initiating the petition is the petitioner and the other party is known as the _____.

When deciding on a jury panel,either party in a lawsuit can challenge or excuse a prospective juror on the basis of the juror's _____.

Which of the following parties could sue to stop a merger of two companies?

The summons,delivered to a defendant by a court official,provides the date by which a defendant must __________.

The discovery process narrows the issues disputed by the parties involved in a lawsuit.

What is the purpose of discovery procedures?

Which of the following statements is true of criminal suits?

In a civil lawsuit,personal jurisdiction over a defendant is usually obtained by a notice to appear in court.This delivery of notice is referred to as __________

If a prospective juror admits bias favoring one of the parties to a trial,that person is most likely to be excused for __________.

When the result of a case at the trial court level is appealed,the party appealing is usually referred to as the appellee.

What is the statute of limitations?

Standing to sue is determined __________.

What is the purpose of a voir dire examination?

In a deposition,a lawyer orally asks questions of the possible witness and an oral response is given.

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