Question 1

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

Accepted Answer

Appellate courts only review the legal process and do not hear new evidence or question the facts of the case. Therefore, there is no need for a jury to issue a verdict. Appellate courts only review decisions of lower courts based on questions of law, not questions of fact. Therefore, there is no jury involved in the appellate process.

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

A

Accepted Answer

This type of testimony is known as a recorded recollection or a past recollection recorded. It allows a witness to testify based on a previous written or recorded statement that they made when their memory about the matter was fresher and more accurate. Recorded recollection is when a witness is allowed to testify based on a memorandum or record of their previous statements about a matter that they cannot remember with enough accuracy to testify fully. This is different from former testimony, which is when a witness's previous testimony in a different legal proceeding is introduced as evidence, and from a business record, which is a record kept by a business that is admissible as evidence. Excited utterance is when a statement made under the stress or excitement of a startling event is admissible as evidence.

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.

Accepted Answer

Judicial notice is a legal doctrine that allows a judge to accept well-known facts or laws without requiring evidence or proof. Judicial notice allows a judge to take notice of certain facts without requiring evidence, including facts that are commonly known or well established in history, science, or law.

Question 4

Affirmative defenses include:&#10;A)Res judicata&#10;B)statute of frauds&#10;C)accord and satisfaction&#10;D)All of the above

Accepted Answer

All three options listed (res judicata, statute of frauds, and accord and satisfaction) are types of affirmative defenses that a defendant may raise in a legal proceeding. Therefore, the correct answer is D. All of the listed options are affirmative defenses. Res judicata is a defense that asserts that the issue in the current lawsuit has already been decided in a previous case, statute of frauds is a defense that asserts that a particular contract should not be enforced because it was not properly in writing, and accord and satisfaction is a defense that arises when a party has agreed to accept something other than what was originally owed.

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.)

Accepted Answer

The burden of proof in a criminal case requires proof beyond a reasonable doubt, which is a higher standard than the preponderance of the evidence required in a civil case. Therefore, the statement is true. In a criminal case, the prosecution must prove their case "beyond a reasonable doubt," while in a civil case, the burden of proof is "preponderance of the evidence," which is a lower standard. Therefore, the burden of proof is more difficult to meet in a criminal case.

Question 6

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

Accepted Answer

Service of process can indeed be made by in hand, which means physically handing the documents to the party being served, by abode service, which means leaving the documents with someone at the party's home or workplace, or by publication per court order, which is used when the party cannot be located and involves publishing the documents in a newspaper or other publication. Service of process can be made in hand (personally delivering the papers to the defendant), by abode service (delivering the papers to someone at the defendant's residence or place of business), or by publication per court order (publishing the notice in a newspaper if the defendant cannot be found).

Question 7

Which of the following is conducted by attorneys, rather than by the judge in a case?&#10;A)voir dire&#10;B)discovery&#10;C) closing argument or summation&#10;D) all of the above

Accepted Answer

The answer of Which of the following is conducted by...

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

Accepted Answer

The description given matches the process of arbitration, where a neutral third party (arbitrator) is appointed to make a decision on the matter. Litigation refers to a legal process where the dispute is resolved through a court trial. Negotiation involves parties discussing the matter and trying to reach a mutually acceptable solution without the involvement of a third party. Mediation is a type of alternative dispute resolution where a mediator works with the parties to facilitate communication and reach an agreement, but the decision is ultimately made by the parties themselves, not the mediator. The description given is for arbitration, which is the process where a neutral third party (arbitrator) listens to both sides of a dispute and delivers a binding or non-binding decision. Litigation refers to the formal court process, negotiation is a process of discussing and compromising to reach an agreement, and mediation involves a neutral third party facilitating communication and negotiations between parties to reach a mutually acceptable resolution, but they do not have the power to make decisions like an arbitrator.

Question 9

Personal jurisdiction over a defendant may be obtained under a long-arm statute because the defendant&#10;A)resides within the jurisdiction&#10;B)committed a tort within the jurisdiction&#10;C)conducts a business within the jurisdiction&#10;D)none of the above

Accepted Answer

The answer of Personal jurisdiction over a defendant may be...

Question 10

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

Accepted Answer

Concurrent jurisdiction is a real occurrence in the legal process, where the case can be heard by either of the courts that share the jurisdiction. It is often practical in certain cases so that the parties involved in the case are not confined to a particular court system. Concurrent jurisdiction is a real-life scenario where there are two or more courts that have the authority to hear and decide upon a particular case. So, concurrent jurisdiction is a true statement.

Question 11

Interrogatories but not depositions may be directed to a nonparty.

Accepted Answer

The answer of Interrogatories but not depositions may be directed...

Question 12

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

Accepted Answer

The answer of Equitable remedies include specific performance, rescission of...

Question 13

Damages are a type of equitable remedy.

Accepted Answer

The answer of 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.

Accepted Answer

The answer of The U.S.Supreme Court reviews the questions of...

Question 15

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

Accepted Answer

The answer of There is no cross-examination of witnesses before...

Deck 11: Litigation Procedure and Evidence