Deck 11: Trial Procedures

Question 1

The "four-by-four rule" for PowerPoint presentations means that:

A)You should use four-by-four inch slides
B)You should have four key words on each slide
C)You should limit yourself to four lines of no more than four words on each slide
D)You should have four main points on each slide

Answer 1

C

Question 2

Which of the following is included in a paralegal's responsibilities when preparing a witness for court?

A)Recommending appropriate clothing
B)Telling the witness where to look when speaking to the court
C)Familiarizing the witness with the trial setting
D)All of these choices are correct

Answer 2

D

Question 3

Which of the following is an appropriate font to use when preparing a PowerPoint presentation for a trial?

A)Arial
B)Tahoma
C)Verdana
D)All of these choices are correct

Answer 3

D

Question 4

A is a court order issued by the court clerk commanding a person to appear in court at a certain time and place to give testimony concerning a certain matter.

A)Verdict
B)Judgment
C)Charge
D)Subpoena

Question 5

Which of the following is likely to be included in a trial notebook?

A)Copies of the pleadings
B)All witnesses' social security numbers
C)Deposition transcripts and summaries
D)Copies of the pleadings and deposition transcripts and summaries

Question 6

Typically, the is responsible for ensuring that witnesses are available and in court on the day of the trial.

A)Supervising attorney
B)Secretary of the law firm representing the plaintiff
C)Secretary of the law firm representing the defendant
D)Paralegal

Question 7

A(n) is always attached to a subpoena to verify that the witness received it.

A)Receipt-of-service form
B)Return-of-service form
C)Acknowledgement-of-service form
D)Confirmation-of-service form

Question 8

When giving a PowerPoint presentation, it is important to:

A)Face the audience
B)Look at the screen while you are talking
C)Use fancy fonts
D)Have everything you plan to say printed on the slides
E)All of these choices are correct

Question 9

Which of the following is likely to be included in a trial notebook?

A)Copies of the pleadings
B)Interrogatories
C)Deposition transcripts and summaries
D)Pretrial motions
E)All of these choices are correct

Question 10

A binder that contains copies of all of the documents and information that an attorney will need to have on hand during trial is called:

A)The trial court's file
B)The trial notebook
C)The record on appeal
D)None of these choices are correct

Question 11

Paralegal Carrie is making a PowerPoint presentation for a trial.Which of the following should she do?

A)Use easy-to-read text
B)Use lengthy paragraphs to explain her points in detail
C)Practice reading her main points from the screen
D)Use easy-to-read text and use lengthy paragraphs to explain her points in detail
E)All of these choices are correct

Question 12

When making a PowerPoint presentation, you should have no more than four lines with no more than four words of text per line.This is referred to as:

A)The "four-by-four rule"
B)The "four-word rule"
C)The "four-word, four-line rule"
D)The "rule of four"

Question 13

Which of the following is not an appropriate font to use when preparing a PowerPoint presentation for a trial?

A)Arial
B)Wingdings
C)Verdana
D)Tahoma

Question 14

When creating a PowerPoint presentation, you should:

A)Use the "four-by-four rule"
B)Use as many technical legal terms as possible
C)Have at least 10 lines of text on each slide
D)Write in complete paragraphs

Question 15

Paralegal Cynthia is making a PowerPoint presentation for a trial.Which of the following should she do?

A)Use easy-to-read text
B)Make copies of the slides to distribute in case the presentation cannot be used
C)Practice reading her main points from the screen
D)Use easy-to-read text and make copies of the slides to distribute in case the presentation cannot be used
E)All of these choices are correct

Question 16

Paralegal James is making a PowerPoint presentation for a trial.Which of the following should he not do?

A)Use easy-to-read text
B)Use lengthy paragraphs to explain his points in detail
C)Rehearse the presentation using the equipment that will be used at the trial
D)Use easy-to-read text and use lengthy paragraphs to explain his points in
E)All of these choices are correct

Question 17

Which of the following is an appropriate font to use when preparing a PowerPoint presentation for a trial?

A)Arial
B)Wingdings
C)Lucida Handwriting
D)Symbol

Question 18

Attorney Morris meets with friendly witness David prior to trial.Attorney Morris will not:

A)Discuss the types of questions he intends to ask David in court
B)Tell David how to answer the opposing counsel's questions during cross-examination
C)Recommend that David answer the opposing counsel's questions in as few words as possible
D)All of these choices are correct

Question 19

Attorney Morris meets with friendly witness David prior to trial.Attorney Morris will:

A)Discuss the types of questions he intends to ask David in court
B)Tell David how to answer the opposing counsel's questions during cross-examination
C)Recommend that David answer the opposing counsel's questions in as detailed a manner as possible
D)All of these choices are correct

Question 20

Friendly witnesses should:

A)Not be informed that they will be receiving a subpoena
B)Be informed that all witnesses receive subpoenas and be told when to expect the subpoena
C)Not be served with a subpoena
D)Be served only with an unofficial subpoena

Question 21

The number of peremptory challenges an attorney may exercise is:

A)Unlimited
B)Limited by the federal government
C)Limited by the time allowed for jury selection
D)Limited by the court

Question 22

Prospective juror selection is usually:

A)Random
B)Strategically done by the plaintiff's attorney
C)Strategically done by the defendant's attorney
D)Strategically done by paralegals

Question 23

The main purpose of voir dire is to:

A)Make sure none of the prospective jurors are exempt from serving on a jury
B)Make sure none of the prospective jurors have a past criminal record
C)Uncover any biases on the part of prospective jurors and to find persons who might identify with the plights of their respective clients
D)Make sure there are equal numbers of male and female jurors

Question 24

Trial lawyers often gauge whether a juror will be sympathetic to their clients based on:

A)Gut reactions
B)Scientific personality studies
C)Stereotypes about marital status
D)Stereotypes about race
E)Gut reactions, stereotypes about marital status, and stereotypes about race

Question 25

Paralegal Cathy is preparing digital images for use in court.To enhance the effectiveness of her presentation, Cathy can:

A)Highlight certain parts of the images
B)Zoom in on the images
C)Insert an arrow pointing to the important part of an image
D)All of these choices are correct

Question 26

When a trial is in court, a paralegal will be responsible for which of the following tasks?

A)Assembling the documents and materials needed in court each day
B)Making sure all necessary documents are within the attorney's reach during the court proceedings
C)Organizing all the documents and materials at the end of the day so that they are ready for the next day
D)All of these choices are correct

Question 27

A is a motion requesting that certain evidence, such as prejudicial, irrelevant, or legally inadmissible evidence, not be brought out during trial.

A)Motion for a directed verdict
B)Motion for a new trial
C)Motion for a judgment as a matter of law
D)Motion in limine

Question 28

Before a trial begins, the attorneys usually meet with the trial judge to explore the possibility of resolving the case and, if a settlement is not possible, to determine how the trial will be conducted.This meeting is called a(n):

A)Pretrial conference
B)Initial meeting
C)Arbitration conference
D)Preemptory conference

Question 29

Which of the following is a type of challenge available to an attorney during voir dire?

A)A challenge for cause
B)A peremptory challenge
C)An ethical challenge
D)A challenge for cause and a peremptory challenge

Question 30

A voir dire challenge to exclude a potential juror without giving any supporting reason or cause is called:

A)A challenge
B)A challenge for cause
C)A peremptory challenge
D)An objection

Question 31

Juries for cases involving civil matters:

A)May consist of a few as 6 jurors
B)Must consist of 12 jurors
C)Must have an equal number of male and female jurors
D)Must consist of 12 jurors and must have an equal number of male and female jurors

Question 32

A motion in limine is:

A)A motion to introduce evidence
B)A motion to dismiss the jury
C)A motion to limit evidence
D)A motion to discredit evidence

Question 33

Original documents should not be kept in a trial notebook because:

A)The notebook might be misplaced and the documents lost
B)People in the office may need access to the documents while the notebook is in court
C)It is illegal to have original documents in a trial notebook
D)The notebook might be misplaced and the documents lost and people in the office may need access to the documents while the notebook is in court
E)All of these choices are correct

Question 34

During voir dire, an attorney can exercise challenges for cause.

A)An unlimited number of
B)Five
C)Ten
D)Twenty

Question 35

An attorney's objection during voir dire to the inclusion of a particular person on the jury is called:

A)An objection
B)A charge
C)A challenge
D)None of these choices are correct

Question 36

A trial notebook should contain:

A)Original documents only
B)Only copies of original documents
C)A combination of original documents and copies
D)No more than 10 documents

Question 37

A(n) is a voir dire challenge for which an attorney states the reason a prospective juror should not be included in the jury.

A)Challenge
B)Challenge for cause
C)Peremptory challenge
D)Objection

Question 38

Which of the following is true of peremptory challenges?

A)No reason needs to be given to exclude a juror
B)A reason needs to be given to exclude a juror
C)Those that are based on racial criteria or gender are illegal
D)Peremptory challenges are unlimited
E)No reason needs to be given to exclude a juror and those that are based on racial criteria or gender are illegal

Question 39

Which of the following statements is true regarding the selection of a jury?

A)The process is known as in limine
B)The attorneys are not allowed to challenge the jurors to exclude them from serving on the jury
C)The court usually seats several alternate jurors
D)Jurors may never be dismissed or excused in the middle of a trial

Question 40

A pretrial conference is:

A)A meeting that is held to clarify the issues in the lawsuit
B)A meeting between attorneys to a lawsuit and a judge to schedule forthcoming trial-related events
C)A meeting among attorneys to a lawsuit and the judge in which settling the lawsuit is discussed
D)All of these choices are correct

Question 41

Another term for a motion for a directed verdict is:

A)A motion for judgment as a matter of law
B)A motion for decision as a matter of law
C)A motion for final determination as a matter of law
D)A motion for stare decisis

Question 42

A(n) is a question that suggests a desired answer and that usually may be asked only of hostile witnesses during direct examination.

A)Open-ended question
B)Hypothetical question
C)Leading question
D)Closed-ended question

Question 43

An attorney's primary goal during cross-examination is to:

A)Reduce the witness's credibility
B)Reassure the witness
C)Uncover new facts about the case
D)Enhance the witness's credibility

Question 44

The questioning of a witness following the adverse party's cross-examination is called:

A)Direct examination
B)Redirect examination
C)Recross-examination
D)None of these choices are correct

Question 45

The charge is:

A)The jury's final decision
B)The judge's summation of the case and instructions to the jury
C)The conclusion of the plaintiff's attorney's closing argument
D)The plaintiff's attorney's opening statement

Question 46

During direct examination, leading questions:

A)May never be used
B)May be used only with hostile witnesses
C)May be used only with witnesses with limited English skills
D)May be used with any witness

Question 47

The questioning of an opposing witness during a trial is called:

A)Direct examination
B)Redirect examination
C)Recross-examination
D)Cross-examination

Question 48

A formal decision made by a jury is called:

A)An affirmation
B)A charge
C)A judgment
D)A verdict

Question 49

A verdict is:

A)A jury's decision in favor of one of the parties
B)A court's order to the losing party
C)A court's final word on a case
D)The plaintiff's request for remedy at law

Question 50

is the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client.

A)Voir dire
B)Direct examination
C)Cross-examination
D)Redirect examination

Question 51

A(n) is an attorney's statement to the jury at the beginning of a trial in which the attorney briefly outlines the evidence that will be offered and the legal theory that the attorney will attempt to prove.

A)Voir dire
B)Challenge
C)Charge
D)Opening statement

Question 52

Redirect examination occurs:

A)Just after the opening statements
B)After the opposing attorney finishes with his cross-examination of the witness
C)Before cross-examination of the witness
D)After the jury has retreated for deliberation

Question 53

The is an argument made by each side's attorney after the cases for the plaintiff and defendant have been presented and prior to the jury being charged.

A)Challenge
B)Charge
C)Opening argument
D)Closing argument

Question 54

The nature and extent of the cross-examination are subject to:

A)Strict federal regulation
B)Strict state regulation
C)The discretion of the trial judge
D)The Federal Rules of Court

Question 55

In his closing argument, an attorney:

A)Summarizes his presentations and argues in his client's favor
B)Attempts to discredit the opposing side's key witness
C)Chooses only one point from his case to focus on
D)Suggests an appropriate remedy for his client
E)All of these choices are correct

Question 56

Which of the following statements regarding alternate jurors is not true?

A)They are allowed to be present for the testimony during a trial
B)They can replace an excused juror without interrupting the proceedings
C)They attend or participate in jury deliberations at the close of the evidence
D)All of these choices are correct

Question 57

After the opening statements of a trial are made:

A)The plaintiff's case is heard first
B)The defendant's case is heard first
C)The judge decides the order in which the cases will be heard
D)The attorneys will flip a coin to decide which side's case will be heard first

Question 58

The judge's instruction to the jury, following the attorneys' closing arguments, which sets forth the rules of law that the jury must apply in reaching its decision, or verdict, is called the:

A)Challenge
B)Charge
C)Verdict
D)Judgment

Question 59

The questioning of an opposing witness following the adverse party's redirect examination is called:

A)Direct examination
B)Cross-examination
C)Recross-examination
D)Redirect examination

Question 60

A is a motion that may be made during trial in which it is requested that the court decide the case in favor of the moving party on the ground that the other party has not offered enough evidence to support a claim against the moving party.

A)Motion for a directed verdict
B)Motion for a new trial
C)Motion for a judgment notwithstanding the verdict
D)Motion in limine

Question 61

If an appellate court's decision is contrary to the trial court's judgment, the trial court's judgment has been:

A)Reversed
B)Affirmed
C)Remanded
D)Overruled

Question 62

In an appellate court:

A)No new evidence will be presented
B)There is no jury
C)There are no opening statements
D)No new evidence will be presented and there is no jury
E)There is no jury and there are no opening statements

Question 63

Which of the following property is exempt from a writ of execution?

A)A debtor's home, up to a certain dollar amount
B)A car belonging to the debtor's wife
C)Tools used by the debtor in his trade
D)A debtor's home, up to a certain dollar amount, and tools used by the debtor in his trade
E)All of these choices are correct

Question 64

A document that puts in force a court's decree or judgment and is often used to take and sell a defendant's assets to pay a judgment is called:

A)A court order
B)A verdict
C)A writ of execution
D)An affirming judgment

Question 65

If an appellate court decides to send a case back to the trial court for further proceedings, it has the case.

A)Reversed
B)Affirmed
C)Remanded
D)Overruled

Question 66

Which of the following would lead to a motion for a new trial having a reasonable chance of being granted?

A)Jury misconduct
B)Prejudicial jury instructions
C)Excessive damages
D)All of these choices are correct

Question 67

The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision is called a(n):

A)Record on appeal
B)Appeal
C)Appellant
D)Appellee

Question 68

Which of the following is not a necessary characteristic of being a successful litigation paralegal?

A)Being highly motivated
B)Paying attention to detail
C)Being competent with technology
D)None of these choices are correct

Question 69

Which of the following sources might be useful in researching a defendant's assets?

A)Facebook
B)Twitter
C)The Yellow Pages
D)Facebook and Twitter

Question 70

Another term for a motion for judgment notwithstanding the verdict is:

A)A motion for judgment against the verdict
B)A motion for judgment as a matter of law
C)A motion for judgment despite the verdict
D)A motion for judgment contrary to the verdict

Question 71

The party against whom an appeal is taken and who is sometimes referred to as the respondent is called:

A)A plaintiff
B)An appellee
C)An appellant
D)A defendant

Question 72

A is a motion asserting that the trial was so fundamentally flawed because of error, newly discovered evidence, prejudice, or other reason that a new trial is needed to prevent a miscarriage of justice.

A)Motion for directed verdict
B)Motion for a new trial
C)Motion for judgment notwithstanding the verdict
D)Motion in limine

Question 73

An appellate court may do which of the following?

A)Affirm the lower court's decision
B)Reverse the lower court's decision
C)Remand the case
D)Modify the lower court's decision
E)All of these choices are correct

Question 74

A motion requesting that the court grant judgment in favor of the moving party on the ground that the jury verdict against the moving party was unreasonable or erroneous is called a:

A)Motion for a directed verdict
B)Motion for a new trial
C)Motion in limine
D)Motion for judgment notwithstanding the verdict

Question 75

Exempt property:

A)May sometimes be seized and sold to pay debts to judgment creditors
B)May not be seized and sold to pay debts owed to judgment creditors
C)May be seized and sold to pay debts owed to judgment creditors only after all nonexempt property has been sold
D)Is property that is exempt from federal taxation

Question 76

A creditor who is legally entitled, by a court's judgment, to collect the amount of the judgment from a debtor is called:

A)A garnishment creditor
B)A judgment creditor
C)A creditor
D)All of these choices are correct

Question 77

If an appellate court decides to uphold the trial court's judgment in a case, the appellate court has the trial court's judgment.

A)Reversed
B)Affirmed
C)Remanded
D)Overruled

Question 78

The items that are submitted during the trial (such as pleadings, motions, briefs, exhibits, and the transcript of the trial proceedings) and are forwarded to the appellate court for review when a case is appealed are called:

A)The trial court's file
B)The trial notebook
C)The record on appeal
D)None of these choices are correct

Question 79

Which of the following is required for civil litigation?

A)Patience
B)Appreciation of strategy
C)Attention to detail
D)All of these choices are correct

Question 80

The party who takes an appeal from one court to another and is sometimes referred to as the petitioner is called:

A)A plaintiff
B)An appellee
C)An appellant
D)A defendant