Deck 11: Trial Preparation and Trial

Question 1

A motion in limine requests a trial de novo.

Answer 1

False

Question 2

A paralegal need not learn trial presentation technology, because that is usually handled by court personnel. ​

Answer 2

False

Question 3

Subpoenas may be obtained at the last minute before trial.

Answer 3

True

Question 4

The best practice is to subpoena all witnesses necessary to prove your case.

Question 5

A case status sheet tells the judge whether parties are ready for trial.

Question 6

Subpoenas must be served at least ten days before trial.

Question 7

If a party is dissatisfied with a verdict, the only recourse is appeal.

Question 8

Service of subpoenas is governed by Federal Rule 45. ​

Question 9

In the federal system a motion for a directed verdict is called a motion for judgment as a matter of law.

Question 10

Voter registration lists can give you information about jurors. ​

Question 11

A primary task of paralegals at trial is keeping track of information.

Question 12

A jury survey gives you accurate information on specific jurors.

Question 13

Juror interviews are expensive, but are the most effective means of jury investigation.

Question 14

Voir dire challenges for cause are unlimited in number.

Question 15

You can enhance your value to the firm by offering to research and draft memoranda of law.

Question 16

The appearance of your client is important at a jury trial.

Question 17

Demonstrative evidence must always be an exact representation.

Question 18

Mock juries are ways for inexperienced jurors to practice.

Question 19

A judgment notwithstanding the verdict is based on the weight of evidence.

Question 20

A good rule of thumb is to use demonstrative evidence whether you think it will help or not.

Question 21

It is unethical to research the abilities of the opposing attorney.

Question 22

In preparing for trial it is best to ​

A) ​ subpoena all witnesses needed to prove the case.
B) ​ subpoena only the cool or unfriendly witnesses.
C) ​ subpoena only the friendly witnesses.
D) ​ avoid subpoenaing friendly witnesses because they might become irritated.

Question 23

A trial notebook should be arranged chronologically as issues come up at trial.

Question 24

A file status sheet is useful in pretrial preparation because it ​

A) ​ rates the case as a good case or a bad case.
B) ​ indicates what steps remain to be completed prior to trial.
C) ​ encourages the opponent to settle.
D) ​ brings discovery to a close.

Question 25

It is unethical to tell a witness how to answer a question at trial.

Question 26

A source of information on a juror that the paralegal should avoid is ​

A) ​ juror information sheets.
B) ​ voter registration lists.
C) ​ the juror.
D) ​ juror files kept by other law firms.

Question 27

A case status sheet shows the ​

A) ​ legal team how the case will look to a jury.
B) ​ judge how soon the case will be ready for trial.
C) ​ legal team what is left to be done.
D) ​ opposition how strong your case is.

Question 28

Jury instructions are set by law.

Question 29

A paralegal who is called to testify is ethically bound to give answers favorable to his or her client.

Question 30

Subpoenas need to be reissued if ​

A) ​ there is a change of venue.
B) ​ there is a change in the order in which witnesses will testify.
C) ​ they are challenged.
D) ​ the trial lasts longer than a week.

Question 31

It is a waste of time to prepare trial motions before trial.

Question 32

Models are the best type of demonstrative evidence if costs are to be kept down.

Question 33

An expert witness should be told all the details of the case.

Question 34

Jurors can be relied upon to be unbiased and to apply the instructions given by the judge.

Question 35

For pretrial preparation, the paralegal needs ​

A) ​ to know little about the case.
B) ​ years of experience.
C) ​ to review the file and all summaries carefully.
D) ​ to leave all remaining work to the attorney.

Question 36

Computer technology is helpful in trial preparation, but is not advantageous in the courtroom.

Question 37

Findings of fact and conclusions of law state the basis of a judge's decision on a case.

Question 38

The federal rule setting out the requirements for service of subpoenas is Rule ​

A) ​ 26.
B) ​ 40.
C) ​ 50.
D) ​ 45.

Question 39

A trial notebook should contain all the evidence gathered through discovery.

Question 40

A juror data sheet is not used for a ​

A) summary sheet for the attorney during voir dire. ​
B) ​ paralegal's checklist to determine what information to gather.
C) ​ record of juror experiences related to trial issues.
D) ​ checklist for jurors to keep track of evidence during trial.

Question 41

A trial notebook ​

A) is a brief of legal authority needed at trial. ​
B) ​ consists of most things an attorney will need at trial, organized for quick access and retrieval.
C) ​ is used for cross-examination only.
D) ​ is given to each juror.

Question 42

Diagrams for purely illustrative purposes ​

A) ​ must be drawn to scale.
B) ​ need not be drawn to scale but must be a fair representation of what is depicted.
C) ​ are generally admissible as evidence.
D) ​ are not worth your time.

Question 43

If the judge for your trial follows a docket list ​

A) ​ you can count on a definite trial date.
B) ​ the trial date depends on the rate of completion of other trials.
C) ​ you may select the trial date most convenient for your client.
D) ​ you will have no idea when the trial date will come up.

Question 44

The types of audiovisual aids used at trial ​

A) are chosen as a matter of personal taste. ​
B) ​ all cost about the same.
C) ​ can substantially affect how the jury learns and retains information.
D) ​ are chosen primarily for entertainment value.

Question 45

A juror data sheet ​

A) helps determine who is called for jury duty. ​
B) ​ is filled out by the clerk of court when the jury is selected.
C) ​ is a checklist of information about the trial for jurors.
D) ​ helps the attorney plan for voir dire.

Question 46

A paralegal should avoid ​

A) taking the witness to the courtroom. ​
B) ​ talking directly to the witness.
C) ​ telling the expert to impress the jury with his or her knowledge of the specific terminology in the field.
D) ​ paying the witness a mileage fee.

Question 47

Jury instructions ​

A) ​ may be drafted in rough by the paralegal.
B) ​ are unique for each case.
C) ​ are seldom necessary.
D) ​ are seldom in dispute.

Question 48

A paralegal may be responsible for ​

A) ​ pointing out areas of witness examination missed by the attorney.
B) ​ deciding when to enter a motion in limine.
C) ​ voir dire.
D) ​ the prima facie case.

Question 49

Demonstrative evidence ​

A) can clarify confusing data. ​
B) ​ should be used in every trial.
C) ​ is too expensive for small trials.
D) ​ is never computerized.

Question 50

Paralegals' trial notes are ​

A) ​ particularly important during direct examination.
B) ​ a personal record of your experiences.
C) ​ especially effective when an outline of procedural steps is on the left page and detailed notes of important testimony or evidence are on the right.
D) ​ are seldom necessary because attorneys take their own notes.

Question 51

Trial motions include a motion ​

A) ​ for summary judgment.
B) ​ to make more definite and certain.
C) ​ for failure to state a claim.
D) ​ for directed verdict.

Question 52

If the plaintiff meets the requisite burden of proof at trial ​

A) this is called a prima facie case. ​
B) ​ the case is decided in favor of the plaintiff.
C) ​ no more evidence may be presented.
D) ​ no appeals are allowed.

Question 53

Shadow juries are helpful to ​

A) ​ impeach witnesses.
B) ​ review the verdict on appeal.
C) ​ give feedback on the impact of evidence.
D) ​ instruct the jury panel on its responsibilities.

Question 54

In preparing a diagram or chart for use in court, it is important to remember that ​

A) horizontal wording big enough to see from a distance is best. ​
B) ​ a paralegal without artistic ability should not attempt such a task.
C) ​ the more complex the diagram, the more help it is.
D) ​ vertical wording breaks the monotony of a diagram and should be used often.

Question 55

Translating body language ​

A) ​ can be a valuable help in jury selection.
B) ​ should be done with caution.
C) ​ is based on science.
D) should be done by an expert witness. ​

Question 56

Liquid-crystal display units can be used ​

A) to keep track of juror information. ​
B) ​ to show demonstrative evidence of three-dimensional items.
C) ​ to record trial proceedings.
D) ​ in place of the trial notebook.

Question 57

Voir dire is ​

A) jury investigation. ​
B) ​ the process of selecting the jury panel.
C) ​ the process of deciding a verdict.
D) ​ a trial motion.

Question 58

At trial, paralegals should ​

A) facilitate frequent cell phone communications. ​
B) ​ dress conservatively.
C) ​ be especially friendly to jurors during recesses.
D) ​ create interest by wearing unusual clothing.

Question 59

The paralegal can assist in the selection of jurors at trial by ​

A) ​ recording valuable information about each juror on the jury panel chart.
B) ​ asking questions of the jurors.
C) ​ making numerous judgments based on body language.
D) ​ making peremptory challenges.

Question 60

A motion in limine is a motion ​

A) ​ to dismiss.
B) ​ for protection against prejudicial questions and statements.
C) ​ to force a witness to testify.
D) ​ to postpone the trial.

Question 61

What can you learn about potential jurors from voter registration lists? Jury surveys?

Question 62

What is the primary type of task for paralegals at trial?

Question 63

What do you need to remember about identifying documents on a subpoena duces tecum?

Question 64

Besides the jury, who else should be researched before the trial?

Question 65

List four items of helpful information to find out about the trial judge's practice regarding jurors.

Question 66

What factors can help make diagrams effective for use at trial?

Question 67

What are the grounds for a judgment notwithstanding the verdict (a renewal of the motion for judgment as a matter of law)?

Question 68

List and define three types of verdicts.

Question 69

Courts with instant transcript reporting give the legal team an opportunity to ​

A) review testimony and compare it with the team's notes. ​
B) ​ edit the transcript.
C) ​ make objections at a later time.
D) ​ highlight sections for the judge's attention.

Question 70

How can you prepare an expert witness for testimony at trial?

Question 71

Shadow juries ​

A) ​ are required by Federal Rule 47.
B) ​ can be helpful in preparing the closing argument.
C) ​ are not allowed in federal courts.
D) ​ are allowed only by leave of the court.