Deck 12: Trial Procedures

Question 1

Good ways to help a witness understand how the questioning will proceed in a trial include which of the following?

A) Watching videos of trials
B) Role playing
C) Reading famous court decisions
D) None of these choices is correct.

Answer 1

B

Question 2

Which of the following statements is true regarding alternative dispute resolution?

A) If parties fail to settle their dispute through alternative dispute resolution, the case will go to trial.
B) Alternative dispute resolution is not always optional.
C) Alternative dispute resolution can be a cost-saving method.
D) All of these choices are correct.

Answer 2

D

Question 3

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.

Answer 3

B

Question 4

Dan is an eyewitness to a traffic accident involving your client. You need Dan to testify in the trial when your client sues the driver of the car that caused the accident. When Dan gets his subpoena it will have a(n) form attached to it.

A) receipt-of-service
B) return-of-service
C) acknowledgement-of-service
D) confirmation-of-service

Question 5

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 6

Which of the following statements is true regarding alternative dispute resolution?

A) Alternative dispute resolution can only be used if a judge orders it.
B) Alternative dispute resolution is always optional.
C) Alternative dispute resolution is usually not a cost-saving method.
D) None of these choices is correct.

Question 7

Which of the following statements is true regarding alternative dispute resolution?

A) Alternative dispute resolution can only be used if a judge orders it.
B) Alternative dispute resolution is always optional.
C) Alternative dispute resolution is not always optional.
D) Alternative dispute resolution is usually not a cost-saving method.

Question 8

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 9

A person asked to testify at trial may be which of the following?

A) An expert witness
B) An eye witness
C) An official witness
D) All of these choices are correct.

Question 10

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

A) receipt-of-service
B) return-of-service
C) acknowledgement-of-service
D) confirmation-of-service

Question 11

Witnesses requiring additional time to prepare include which of the following?

A) A relatively inexperienced witness
B) A witness who is not very articulate
C) A witness who is very nervous about testifying
D) All of these choices are correct.

Question 12

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 13

Which of the following is something a lawyer may tell a witness before a trial?

A) What to say in response to a question
B) That the opposing counsel may ask confusing or leading questions
C) That trials are a waste of time
D) All of these choices are correct.

Question 14

A return-of-service form is important because it

A) allows the witness to choose the best day to appear in court.
B) legally binds the witness to a contract to appear in court.
C) verifies that the witness received the subpoena.
D) All of these choices are correct.

Question 15

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.

Question 16

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 17

Which of the following is something a lawyer may not tell a witness before a trial?

A) What to say in response to a question
B) That the opposing counsel may ask confusing questions
C) That the opposing counsel may ask leading questions
D) All of these choices are correct.

Question 18

Which of the following statements is not true regarding alternative dispute resolution?

A) Alternative dispute resolution can be a cost-saving method.
B) Alternative dispute resolution is always optional.
C) Alternative dispute resolution can be a time-saving method.
D) All of these choices are correct.

Question 19

Pretrial negotiations between parties and their attorneys

A) rarely lead to an out-of-court settlement.
B) often lead to an out-of-court settlement.
C) are illegal.
D) are usually hostile.

Question 20

Parties to lawsuits often try to avoid going to trial because trials
a. cost both time and money.
b. can be costly in time, but rarely in money.
c. can be costly in money, but rarely in time.
d. are usually unfair.

Question 21

Prospective juror selection is often made from a list of

A) registered voters.
B) volunteers.
C) high school graduates.
D) government employees.

Question 22

Responsibility for making sure all exhibits are properly prepared for a trial belongs to the

A) supervising attorney.
B) judge.
C) paralegal.
D) court clerk.

Question 23

A trial notebook is likely to include which of the following?

A) Relevant cases or statutes that may be cited in the trial
B) A list of exhibits and a case outline
C) A witness list in the order in which the witnesses will testify
D) All of these choices are correct.

Question 24

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 25

When should a trial notebook be prepared?

A) During the trial
B) At the outset of the lawsuit
C) After the trial
D) The night before the trial

Question 26

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 which of the following?

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

Question 27

A trial notebook is likely to include which of the following?

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

Question 28

William is an attorney who wishes to submit a motion to a judge to limit the evidence that can be brought out in his client's trial. William should instruct his paralegal to draft which of the following?

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 29

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 ten documents.

Question 30

A trial notebook is not likely to include which of the following?

A) Copies of the pleadings
B) Interrogatories
C) All witnesses' Social Security numbers
D) Pretrial motions

Question 31

A trial notebook is likely to include which of the following?

A) Pretrial motions and any recent rulings on them
B) All witnesses' Social Security numbers
C) All witnesses' addresses
D) All of these choices are correct.

Question 32

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.

Question 33

A pretrial conference is a meeting

A) that is held to clarify the issues in the lawsuit.
B) between attorneys to a lawsuit and a judge to schedule forthcoming trial.
C) to establish ground rules for the trial.
D) All of these choices are correct.

Question 34

A trial notebook is likely to include which of the following?

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 35

A motion in limine is a motion to

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

Question 36

Which of the following 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 37

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) peremptory conference.

Question 38

Andrew is a lawyer. He has a client with an approaching trial date. Andrew wants to make sure that all of the exhibits are properly prepared. He should ask which of the following?

A) His fellow attorney
B) The judge
C) His paralegal
D) The court clerk

Question 39

Juries for cases involving civil matters

A) must consist of twelve jurors.
B) may consist of as few as six jurors.
C) must have an equal number of male and female jurors.
D) may consist of as few as six jurors and must have an equal number of male and female jurors.

Question 40

A trial notebook is likely to include which of the following?

A) Deposition transcripts and summaries
B) All witnesses' Social Security numbers
C) All witnesses' addresses
D) None of these choices are correct.

Question 41

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 42

During direct examination, leading questions may

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

Question 43

Trial lawyers often gauge whether a juror will be sympathetic to their clients based on which of the following?

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 44

John is an attorney participating in jury selection for a trial for his client. He does not like the race of one of the potential jurors. John can

A) do nothing to reject the juror.
B) exercise a peremptory challenge.
C) file a motion to have the potential juror removed.
D) exercise a challenge for cause.

Question 45

Types of challenge available to an attorney during voir dire include which of the following?

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

Question 46

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 47

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

A) objection.
B) charge.
C) challenge.
D) None of these choices is correct.

Question 48

Which of the following 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 49

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

A) an unlimited number of
B) five
C) ten
D) twenty

Question 50

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 51

Kacy is an attorney participating in jury selection for a trial for her client. She does not like the facial expression of one of the potential jurors. Kacy can

A) do nothing to reject the juror.
B) exercise a peremptory challenge.
C) file a motion to have the potential juror removed.
D) exercise a challenge for cause.

Question 52

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 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 53

After the opening statements of a trial are made, the

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

Question 54

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

A) a challenge.
B) a challenge for cause.
C) a peremptory challenge.
D) an objection.

Question 55

True statements about peremptory challenges include which of the following?

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 56

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 57

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

A) open-ended
B) hypothetical
C) leading
D) closed-ended

Question 58

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 59

A trial may have a jury of six people if

A) it is a criminal trial.
B) both parties agree to the jury size.
C) the defendant's attorney requests a smaller jury.
D) it is a civil trial.

Question 60

The questioning of an opposing witness during a trial is called which of the following?

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

Question 61

The nature and extent of the cross-examination are subject to which of the following?

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

Question 62

A formal decision made by a jury is called a(n)

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

Question 63

Which of the following is 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?

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

Question 64

Redirect examination occurs

A) just after the opening statements.
B) after the opposing attorney finishes with his or cross-examination of the witness.
C) before cross-examination of the witness.
D) after the jury has retreated for deliberation.

Question 65

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 is correct.

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 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 68

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 69

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 70

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 71

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 72

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 73

Which of the following is another term for a motion for a directed verdict?

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 74

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

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

Question 75

The charge is which of the following?

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 76

Which of the following is not a true statement regarding alternate jurors?

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 77

Which of the following 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 78

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

Question 79

Which of the following is true of a trial 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 80

Which of the following is another term for a motion for judgment notwithstanding the verdict?

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