Deck 7: Steps in a Trial

Question 1

What term describes the statement which is legally sufficient as proof of the case?

A) Opening statement
B) Closing argument
C) Prima facie case
D) Consent decree

Answer 1

Prima facie case

Question 2

When does the plaintiff's attorney make the opening statement?

A) After the jury is impaneled
B) When the judge permits
C) After the defendant's opening statement
D) None of the above

Answer 2

After the jury is impaneled

Question 3

What type of evidence can be presented in the plaintiff's case in chief?

A) Real evidence
B) Testimonial evidence
C) Documentary evidence
D) All of the above

Answer 3

All of the above

Question 4

What is real evidence?

A) Financial statements
B) Letters
C) DNA
D) Marriage contract

Question 5

What is a DNA sample?

A) A finger nail
B) A blood drop
C) A lock of hair
D) All of the above

Question 6

What is an exhibit?

A) Documentary evidence
B) Real evidence
C) Tangible item
D) All of the above

Question 7

What term describes the testimony of the witness pertaining to something that he or she observed?

A) Circumstantial evidence
B) Direct evidence
C) Verification
D) Direct observation

Question 8

What evidence is admissible?

A) Proper evidence to be considered in reaching a decision
B) Evidence approved by the other party
C) Any relevant evidence
D) Evidence approved by the judge

Question 9

What is a characteristic of hearsay?

A) Out of court statement
B) Generally inadmissible
C) Govern by the rules of evidence
D) All of the above

Question 10

What is relevant evidence?

A) Evidence tending to prove alleged facts
B) Evidence tending to disprove alleged facts
C) All of the above
D) None of the above

Question 11

What is a leading question?

A) Irrelevant
B) Suggesting to the witness the desired answer
C) Leading the witness away from the parties' legal controversy
D) Beyond the competence of the witness

Question 12

What is a cross-examination?

A) Questioning of the opposing party's witnesses
B) Voir dire
C) Polling the jury
D) None of the above

Question 13

On what issues may the plaintiff's attorney conduct redirect examination of the plaintiff's witnesses?

A) Any relevant issues
B) Any issues permitted by the judge
C) Issues brought up by cross-examination
D) Any issues brought up by re-cross-examination

Question 14

What is a characteristic of direct examination?

A) Attorney must ask questions to receive the information from the witness
B) Leading questions are not allowed
C) All of the above
D) None of the above

Question 15

When the plaintiff's attorney rests the case, what does it mean?

A) All the plaintiff's witnesses are examined
B) All the plaintiff's evidence is introduced
C) None of the above
D) All of the above

Question 16

When the defendant's attorney makes a motion for a directed verdict, what does he or she ask the court?

A) Issue a judgment on the merits
B) Rule in favor of the defendant without giving the case to the jury
C) Issue a judgment on the pleadings
D) Issue a judgment notwithstanding the verdict

Question 17

When may the defendant's attorney make an opening statement?

A) After the plaintiff's attorney makes her or his opening statement
B) After the plaintiff's attorney rests the case
C) All of the above
D) None of the above

Question 18

What is omitted from the defendant's opening statement?

A) Defendant's side of the case
B) Reference to evidence supporting the plaintiff's case
C) Reference to evidence contradicting the plaintiff's case
D) Reference to evidence supporting the defendant's case

Question 19

How is the order of parties' closing arguments determined?

A) The plaintiff may choose when to present his or her closing arguments
B) By lot
C) By the judge
D) By the jury

Question 20

During what stage of the trial do parties' attorneys summarize the evidence introduced in favor of their clients?

A) Closing arguments
B) Summation
C) All of the above
D) None of the above

Question 21

What term describes the situation when a jury cannot agree on a verdict?

A) Nonsuit
B) Mistrial
C) Dismissal with prejudice
D) Dismissal without prejudice

Question 22

What is polling the jury?

A) Asking individual jurors whether they agree with the verdict given by the jury foreperson
B) Examination of jurors to establish their neutrality
C) Deposition of prospective jurors
D) Voir dire

Question 23

What term describes a deadlocked jury?

A) Obstinate jury
B) Hung jury
C) Inflexible jury
D) Quashed array

Question 24

Under what circumstance is a non-unanimous verdict allowed?

A) When unanimous verdicts are not required constitutionally
B) When the parties agree to a stated majority
C) None of the above
D) All of the above

Question 25

What is a judgment notwithstanding the verdict?

A) Judgment n.o.v.
B) Judgment in favor of one party notwithstanding a verdict in favor of the other party
C) All of the above
D) None of the above

Question 26

What is a judgment?

A) Adjudication
B) Decision of a court of law
C) Act of the trial court finally determining parties' rights and liabilities
D) All of the above

Question 27

Against what party is an appeal brought?

A) Defendant in error
B) Respondent
C) Appellee
D) All of the above

Question 28

When an appellate court disagrees with a lower court decision, what will the appellate court do with this decision?

A) Reverse
B) Set aside
C) Make void
D) All of the above

Question 29

To be heard by an appellate court, what requirement must an appeal satisfy?

A) Raise questions of law
B) Be filed within a prescribed period after the entry of judgment
C) All of the above
D) None of the above

Question 30

Who must put up an appeal bond?

A) Appellant
B) Appellee
C) Winning party's attorney
D) Losing party's attorney

Question 31

The plaintiff's opening statement must be legally sufficient as proof of the case.

Question 32

In the plaintiff's opening statement, plaintiff's attorney outlines for the fact finder why plaintiff should win the case.

Question 33

Real evidence includes business records, wills, and deeds.

Question 34

Exhibits are tangible items introduced as evidence.

Question 35

Relevant evidence may be inadmissible.

Question 36

Hearsay is an out of court statement offered in court to prove the truth of the matter being asserted in court.

Question 37

During the direct examination, the plaintiff's attorney may ask witnesses any questions.

Question 38

The plaintiff's attorney cross-examines plaintiff's witnesses.

Question 39

After all the plaintiff's witnesses are examined and evidence is introduced, the plaintiff's attorney makes a closing argument.

Question 40

The plaintiff's attorney may make a motion for a directed verdict.

Question 41

The only time for the defendant's attorney to make an opening statement is immediately after the plaintiff's attorney opening statement.

Question 42

In the opening statement the defendant's attorney informs a fact finder how defendant's evidence will rebut the plaintiff's evidence.

Question 43

In the closing arguments, the parties' attorneys simply reiterate their opening statements.

Question 44

In the summation, the parties' attorneys argue their side of the case to the fact finder.

Question 45

In Louisiana, in some criminal cases guilty non-unanimous verdicts are allowed.

Question 46

In a federal civil case, the parties may agree on a non-unanimous verdict.

Question 47

A judgment on the merits is also called a judgment on the pleadings.

Question 48

A judgment notwithstanding the verdict may follow a verdict contrary to law.

Question 49

After the judgment of a trial court, an unsatisfied party may make an appeal to any appellate court.

Question 50

To be taken by an appellate court, an appeal must be filed within a prescribed period from the entry of judgment.

Question 51

After the impaneling of the jury, the plaintiff's attorney makes a(n) ________ statement.

Question 52

The plaintiff's opening statement must set forth a prima ________ case.

Question 53

After the opening statement, the plaintiff's attorney presents the ________ in chief.

Question 54

Since attorneys cannot cross-examine ________ for truthfulness, it is generally inadmissible as evidence.

Question 55

Evidence that tends to prove or disprove an alleged fact is ________.

Question 56

The questioning of plaintiff's witnesses by the plaintiff's attorney is called ________ examination.

Question 57

After the plaintiff's attorney rests the case, the defendant's attorney may make a motion for a(n) ________ verdict.

Question 58

In the defendant's opening ________, the defendant's attorney outlines the defendant's side of the case.

Question 59

The trial judge determines the duration of parties' ________ arguments.

Question 60

The decision of the jury is the ________.

Question 61

In a federal civil trial, the verdict must be ________.

Question 62

A case is ________ for judgment when it reaches the stage when everything has been completed except the court's decision.

Question 63

A judgment on the ________ is a court decision based on the evidence and facts presented by the parties.

Question 64

A request to a higher court to reverse the decision of a lower court is a(n) ________.

Question 65

A party bringing an appeal is a(n) ________.

Question 66

Match the terms with their descriptions:

-Cross-examination

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 67

Match the terms with their descriptions:

-Motion for a directed verdict

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 68

Match the terms with their descriptions:

-Hearsay

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 69

Match the terms with their descriptions:

-Judgment non obstante verdicto

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 70

Match the terms with their descriptions:

-Defendant's opening statement

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 71

Match the terms with their descriptions:

-Unanimous verdict

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 72

Match the terms with their descriptions:

-Plaintiff's opening statement

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 73

Match the terms with their descriptions:

-Relevant

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 74

Match the terms with their descriptions:

-Appellate courts

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 75

Match the terms with their descriptions:

-Direct evidence

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 76

Match the terms with their descriptions:

-Closing arguments

A) Judgment in favor of a party despite a verdict in favor of the opposite party
B) All jurors agree on the verdict
C) Outlining the defendant's side of the case
D) Leading questions may be asked at this examination of witnesses
E) Out of court statement
F) After the plaintiff's attorney rests the case, the defendant's attorney may present to the court this request
G) Attorneys give their final arguments to the fact finder
H) The plaintiff's attorney statement setting forth a prima facie case
I) Evidence that helps to prove or disprove a claimed fact
J) Witnesses testify about something that they observed
K) Higher courts that have power to review decisions of trial courts

Question 77

Define an opening statement and a closing argument. Contrast the parties' opening statements with their closing arguments.

Question 78

Define a jury's verdict. Discuss how a jury reaches the verdict and what happens if a jury cannot reach the verdict.

Question 79

Define, compare, and contrast a court's judgment and a decree.

Question 80

Discuss why generally hearsay is not admissible as evidence, and under what circumstance the court would allow it.