Deck 11: Litigation Procedure and Evidence

Question 1

An appellate court does not hear questions of fact, so there are no juries that will issue a verdict.

Answer 1

True

Question 2

Testimony based on a memorandum or record indicating a witness's previous statements concerning a matter that the witness cannot now remember with sufficient accuracy to testify fully about the matter is known as

A)recorded recollection
B)former testimony
C)business record
D)excited utterance

Answer 2

A

Question 3

Judicial notice allows a judge to acknowledge the existence of a historical, scientific or publicly known fact such as dates and federal and state laws, and not require testimony.

Answer 3

True

Question 4

Affirmative defenses include:

A)Res judicata
B)statute of frauds
C)accord and satisfaction
D)All of the above

Question 5

The burden of proof in a criminal case ( beyond a reasonable) is more difficult to meet than that in a civil case (doubt preponderance of the evidence.)

Question 6

Service of process can be made by in hand or by abode service or by publication per court order.

Question 7

Which of the following is conducted by attorneys, rather than by the judge in a case?

A)voir dire
B)discovery
C) closing argument or summation
D) all of the above

Question 8

A type of alternative dispute resolution that may be non-binding or binding that occurs when a third person is appointed by the courts or selected by the parties to hear a matter and issue a decision in the case is known as

A)Litigation
B)Negotiation
C)Arbitration
D)Mediation

Question 9

Personal jurisdiction over a defendant may be obtained under a long-arm statute because the defendant

A)resides within the jurisdiction
B)committed a tort within the jurisdiction
C)conducts a business within the jurisdiction
D)none of the above

Question 10

Concurrent jurisdiction occurs when more than one court has the authority to decide a case.

Question 11

Interrogatories but not depositions may be directed to a nonparty.

Question 12

Equitable remedies include specific performance, rescission of a contract and injunctions.

Question 13

Damages are a type of equitable remedy.

Question 14

The U.S.Supreme Court reviews the questions of fact decided by the U.S.Courts of Appeals.

Question 15

There is no cross-examination of witnesses before an appellate court.