Deck 5: Substantive and Procedural Issues

Question 1

The party with the burden of proof in a civil case must establish

A) an appellate procedures case.
B) a prima facie case.
C) a motion in limine.
D) a reasonable explanation.

Answer 1

a prima facie case.

Question 2

What type of motion is filed in an attempt to prevent certain evidence from being presented to a jury?

A) Motion to deny
B) Motion for cause
C) Motion to compel
D) Motion in limine

Answer 2

Motion in limine

Question 3

What are additional monies that a defendant may be required to pay as a form of punishment?

A) Compensatory
B) Exemplary
C) Penitentiary
D) Settlement

Answer 3

Exemplary

Question 4

How do the parties involved in a lawsuit communicate requests with the court?

A) Appellate procedures
B) Hearings
C) Motions
D) Rulings

Question 5

A summons is issued to

A) an attorney.
B) a defendant.
C) a plaintiff.
D) a petitioner.

Question 6

When read in its entirety,the complaint should state

A) the legal standards that have allegedly been breached.
B) the opinions regarding how the statutes were allegedly violated.
C) source documents,such as police and medical reports.
D) which court has appellate jurisdiction.

Question 7

Which of the following governs issues arising between parties in regard to private rights?

A) Civil law
B) Criminal law
C) Personal law
D) Substantive law

Question 8

What is generally the first stage of the trial?

A) Preliminarily procedures
B) Trier of fact
C) Voir dire
D) Rebuttal

Question 9

When does default judgment on the complaint occur?

A) During the sentencing phase
B) During closing arguments
C) When a plaintiff does not respond within the allotted time
D) When the defendant does not respond within the allotted time

Question 10

Summations are also known as

A) abridgment.
B) closing arguments.
C) deliberations.
D) terminal consideration.

Question 11

What may be filed if the complaint is deficient in some way?

A) Motion for bill of particulars
B) Motion to dismiss
C) Motion to readdress
D) Motion to respond

Question 12

Which of the following can an attorney exercise in the selection of potential jurors?

A) Attorney privilege and peremptory challenges
B) Challenges for cause and peremptory challenges
C) Challenges for cause and reasons for cause
D) Unconditional challenges and reasons for cause

Question 13

What type of evidence is considered necessary to a fair and informed determination of the dispute?

A) Affirmation evidence
B) Corporal evidence
C) Material evidence
D) Relevant evidence

Question 14

Which of the following establishes,defines,and regulates rights,as opposed to adjective,procedural,or remedial law,and offers a method for enforcing individual rights?

A) Substantive law
B) Repealable law
C) Corrective law
D) Legislatory law

Question 15

What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?

A) Motion to compel
B) Motion for final resolution
C) Motion for sanctions
D) Motion for summary judgment

Question 16

A jurisdiction will typically divide its procedural law into which categories?

A) Rules of appellate procedure,rules of evidence,rules of criminal procedure,rules of civil procedure
B) Rules of appellate procedures,rules of evidence,rules of criminal procedure,rules of punitive procedure
C) Rules of criminal procedure,rules of civil procedure,rules of evidence,rules of exemplary procedure
D) Rules of civil procedure,rules of common ground,rules of criminal procedure,rules of evidence

Question 17

Which law prescribes a method of enforcing rights or obtaining redress for the invasion of rights?

A) Compensatory law
B) Privacy law
C) Procedural law
D) Substantive law

Question 18

A motion to dismiss is also known as

A) an abatement.
B) a cessation.
C) a close.
D) a demurrer.

Question 19

Who files a complaint?

A) Defendant
B) Defense attorney
C) Plaintiff
D) Paralegal

Question 20

What type of jury may be utilized for cases that are less serious but still warrant the right to a trial?

A) Petit jury
B) Special trial jury
C) Grand jury
D) Substantive jury

Question 21

The first step in most bench trials is the opening statement.

Question 22

___________is evidence necessary to a fair and informed decision.

Question 23

___________is the exchange of evidence between parties.

Question 24

In challenges for cause,the opposing party can object to the challenge.

Question 25

___________are intended to cover the reasonable cost of one's injuries.

Question 26

Dismissal with prejudice is a common occurrence.

Question 27

___________is an out-of-court statement offered as evidence.

Question 28

A(n) ___________is a request for court-ordered action.

Question 29

Laws of procedures are sometimes referred to as rules.

Question 30

Opening statements are argumentative.

Question 31

___________is also referred to as a complaint.

Question 32

___________evidence tends to establish a necessary fact.

Question 33

Material evidence is that which is considered necessary to a fair and informed determination of the dispute.

Question 34

___________guides parties through the legal system.

Question 35

Initially,during the presentation of evidence,the defendant has no burden to meet.

Question 36

___________creates and resolves the legal issue.

Question 37

When the jury is polled,the judge asks each juror whether the verdict represents his or her opinion.

Question 38

A motion for sanctions asks a judge to make a final decision on the issues of a suit without a trial.