Deck 19: Structure of a Civil Trial

Question 1

The plaintiff cannot offer rebuttal evidence on matters not raised or covered in the defendant's case-in-chief.

Answer 1

True

Question 2

A party may offer into evidence any portion of an adverse party's deposition.

Answer 2

True

Question 3

Define
rests

Answer 3

A party rests when the party formally announces that he or she has no more evidence to offer in support of his or her claim or defense. At that point the opposing party may proceed with the presentation of evidence in rebuttal.

Question 4

The impeached testimony of a witness may still support a verdict.

Question 5

Define
offer of proof

Question 6

Which of the following statements in an opening statement is not objectionable?

A) "The evidence will show that the defendant was driving much too fast for conditions."
B) "The evidence will show that the defendant was driving 40 miles per hour in a 30 mile per hour zone."
C) "The defendant was negligent for driving 40 miles per hour in a 30 mile per hour zone."
D) All of the above.
E) None of the above.

Question 7

The plaintiff can require the defendant to testify as part of the plaintiff's case- in-chief.

Question 8

The plaintiff may always withhold evidence for use in rebuttal.

Question 9

Deposition testimony may be offered as evidence when the deponent is not available to testify in court.

A) circumstantial.
B) parol.
C) the "best" available.
D) hearsay.

Question 10

Motions in limine may deal with both procedural and substantive legal issues.

Question 11

A lawyer may not cross-examine:

A) any witness aligned with the opposing side.
B) any witness who is overtly hostile.
C) any independent witness whom the lawyer calls to testify.
D) any independent witness who the opposing party calls to testify.

Question 12

Define
prima facie case

Question 13

Define
case-in-chief

Question 14

Define
direct examination

Question 15

The plaintiff's lawyer may not state the amount of money damages the plaintiff claims in an opening statement.

Question 16

Define
motion in limine

Question 17

A direct examination question may suggest the answer that the examiner wants to hear.

Question 18

Jurors are required to follow whose statements regarding the law?

A) the plaintiff's.
B) the defendant's.
C) both parties.
D) the judge's.
E) both (c) and (d).

Question 19

After all the evidence has been presented and both parties have "finally" rested, each party has the right to make motions:

A) for judgment as a matter of law.
B) for a jury trial.
C) for punitive damages.
D) in limine.

Question 20

The Federal Rules of Civil Procedure impose a time limit on opening state- ments.

Question 21

What is meant by a fair preponderance of the evidence?

Question 22

Which party may make the first opening statement?

Question 23

Briefly, how does a technical objection work?

Question 24

What steps may a plaintiff take if the defendant's evidence does not cover all the elements of an alleged affirmative defense?

Question 25

What are the limitations on a lawyer's opening statement?

Question 26

How or when is a lawyer supposed to interpose an objection?

Question 27

What is a prima facie case?

Question 28

What is the consequence if the plaintiff fails to prove a prima facie case?

Question 29

What may the interrogator do if he or she believes that the court has erred in sustaining an objection to a question?