Deck 12: Post-Trial Practice From Motions to Appeal

Question 1

The clerk of court sends the trial transcript to the appellate court.

Answer 1

False

Question 2

Postjudgment discovery can help in locating the judgment debtor's assets.

Answer 2

True

Question 3

The jury decides questions of law.

Answer 3

False

Question 4

Most appeals are unsuccessful. ​

Question 5

If a party does not renew a motion for a new trial, an appellate court cannot review that matter.

Question 6

A judgment-proof defendant is one who has no assets.

Question 7

Whether Mr. Hart was driving the van at forty-five miles per hour is a subject for appeal.

Question 8

Motions to have a judgment set aside must be filed right after the verdict is read.

Question 9

A notice of lis pendens protects property from being claimed by the judgment creditor.

Question 10

A motion for judgment as a matter of law should be filed if there were procedural errors at trial.

Question 11

If a motion for a new trial is granted, the trial is held in appellate court.

Question 12

Payment of the judgment amount is due within ten days of the verdict.

Question 13

Assets of a judgment debtor that are held by a third party are not available to satisfy that debt.

Question 14

Receivership secures the amount of judgment pending post-trial motions.

Question 15

Up to 25 percent of disposable earnings can be garnished.

Question 16

A bill of costs is a list of litigation expenses of the prevailing party.

Question 17

Joint tenants have no right of survivorship.

Question 18

No property of the judgment debtor is exempt from being used to satisfy the judgment debt. ​

Question 19

An experienced paralegal can assume the role of appeals manager.

Question 20

A car is tangible property.

Question 21

Jewelry is classified as ​

A) ​ real property.
B) ​ a fixture.
C) personal property. ​
D) ​ exempt property.

Question 22

Federal Rules of Appellate Procedure 28, 30, and 32 cover writing appellate briefs. ​

Question 23

Only the appellant files an appellate brief.

Question 24

It is unethical for paralegals to draft appellate briefs.

Question 25

A motion for JNOV under Rule 50 may be made by ​

A) ​ a party if not made before the verdict.
B) ​ the defendant when there were procedural errors.
C) ​ either party's paralegal.
D) ​ the party who previously moved for a directed verdict.

Question 26

Federal Rule 54(d) and parallel state rules provide that costs shall be awarded ​

A) ​ as determined by the parties.
B) ​ equally.
C) ​ as ordered by the court.
D) ​ only when the bill of costs is included in the damages.

Question 27

Because appeals courts decide only questions of law, the facts of the case are not mentioned in appellate briefs.

Question 28

Remittitur is a post-trial motion ​

A) ​ in which the defendant asks the court to reduce a jury award.
B) ​ in which the plaintiff asks the court to increase a jury award.
C) ​ used only in state courts.
D) ​ used to draw the amount of the jury award from the defendant's wages.

Question 29

Under the federal rules, post-trial motions must be filed within _____ days after judgment. ​

A) five ​
B) ​ ten
C) ​ twenty
D) ​ thirty

Question 30

A judgment creditor can locate assets of an uncooperative judgment debtor by means of ​

A) ​ additur.
B) ​ postjudgment motions.
C) ​ postjudgment depositions.
D) ​ appellate briefs.

Question 31

Generally, if an issue is not raised at trial, it cannot be the basis for appeal.

Question 32

A bill of costs does not include ​

A) ​ filing fees.
B) ​ witness fees.
C) ​ costs of service of process.
D) ​ attorney's fees.

Question 33

A motion asking that a judgment be set aside because the verdict was contrary to the weight of the evidence is a motion ​

A) ​ to dismiss.
B) ​ for a new trial.
C) ​ for judgment as a matter of law.
D) ​ for directed verdict.

Question 34

Garnishment is a procedure used to ​

A) attach and sell the property of the judgment creditor. ​
B) ​ acquire property of the judgment debtor owed to the debtor by a third person.
C) ​ acquire real property of the judgment debtor.
D) ​ acquire intangible property of the judgment debtor.

Question 35

In the federal system, the notice of appeal is filed in the appellate court.

Question 36

The purpose of a prejudgment remedy is to ​

A) ​ prevent the defendant from selling or otherwise disposing of assets to cover an anticipated judgment.
B) ​ hold a deposition so it can be determined what assets are possessed by the defendant.
C) ​ execute on and sell the judgment debtor's property so the judgment can be paid.
D) ​ determine the bill of costs.

Question 37

A motion asking that judgment be set aside because of procedural or other prejudicial error at trial is a motion ​

A) ​ to dismiss.
B) ​ for new trial.
C) ​ for judgment as a matter of law.
D) ​ for directed verdict.

Question 38

Parties are encouraged to agree on the parts of the trial record to be included in the appendix of the appellate brief.

Question 39

Colors of covers and page sizes for federal appellate briefs are set by federal rules.

Question 40

Federal Rules of Appellate Procedure specify type style requirements for motions.

Question 41

An example of intangible property is ​

A) ​ the royalty rights of an author.
B) ​ a lien.
C) ​ a diamond ring.
D) ​ a fixture on land.

Question 42

Creditor's examinations have the advantage of ​

A) ​ flexibility.
B) ​ being inexpensive.
C) ​ reaching a variety of documents.
D) ​ being quick.

Question 43

Grounds for a motion for a new trial include ​

A) lis pendens. ​
B) ​ a judgment-proof defendant.
C) ​ excessive or inadequate damages.
D) ​ garnishment.

Question 44

A good source for finding information on enforcement of judgments in your state is a ​

A) federal book on collections. ​
B) ​ state book on collections.
C) ​ federal book on remedies.
D) ​ state book on remedies.

Question 45

​ A writ of execution specifies

A) ​ who has prevailed on appeal.
B) ​ all the assets of a judgment debtor.
C) ​ the defendant's property to be sold to satisfy the judgment.
D) ​ the lien on intangible property.

Question 46

Which of the following is an example of a question of fact? ​

A) ​ Was the letter admissible evidence?
B) ​ Was the road icy on the day of the accident?
C) ​ Were jury instructions proper?
D) ​ Was the statute constitutional?

Question 47

Appeals ​

A) ​ require the appellate court to retry the case.
B) ​ are most often successful.
C) ​ deal with questions of fact only.
D) ​ deal with questions of law only.

Question 48

Unpublished opinions issued after January 1, 2007, may be cited ​

A) in federal appeals. ​
B) ​ in state appeals but not federal appeals.
C) ​ in federal district court, but not at the appellate level.
D) ​ only if a motion to do so is granted by the relevant court.

Question 49

Garnishment is ​

A) ​ a prejudgment remedy only.
B) ​ a postjudgment remedy only.
C) ​ both a prejudgment and postjudgment remedy.
D) ​ the same as attachment.

Question 50

A lien is ​

A) ​ a claim against property.
B) ​ real property.
C) ​ recoverable in the bill of costs.
D) ​ tangible property.

Question 51

Which of the following is an example of a question of law? ​

A) ​ Was the contract signed by the defendant?
B) ​ Did the plaintiff cross the street without looking?
C) ​ Was the videotape prejudicial evidence?
D) ​ Did the plaintiff suffer broken bones as a result of the accident?

Question 52

An example of a self-executing judgment is a ​

A) ​ transfer of a deed.
B) ​ payment of $10,000.
C) ​ divorce.
D) ​ return of a painting.

Question 53

Parties are expected to agree on ​

A) contents of the appendix to the appellate brief. ​
B) ​ issues under appeal.
C) ​ questions of law.
D) ​ questions of fact.

Question 54

On appeal the paralegal cannot ​

A) ​ set up an oral argument notebook.
B) ​ keep track of all appellate deadlines.
C) ​ write a rough-draft brief.
D) ​ divide the oral argument with the attorney.

Question 55

Letters written to obtain payment of a judgment for a personal debt are governed by the ​

A) ​ ABA Model Rules of Judgment Enforcement.
B) ​ Federal Rules of Civil Procedure.
C) ​ Class Action Fairness Act.
D) ​ Federal Fair Trade Debt Collections Practices Act.

Question 56

In federal court the notice of appeal is filed in the ​

A) ​ state court.
B) ​ district court.
C) ​ court of appeals.
D) ​ Supreme Court.

Question 57

If harmless error occurred at trial, ​

A) the appeal will be successful. ​
B) ​ a new trial will be granted.
C) ​ the verdict will stand.
D) ​ the matter will be mediated.

Question 58

Creditor's examinations ​

A) ​ are self-executing.
B) ​ can be requested in a motion in limine.
C) ​ are included in the appellate brief.
D) ​ are post-trial depositions.

Question 59

Lis pendens is the ​

A) ​ record that the plaintiff has asserted a claim against property.
B) ​ process of securing property for the judgment creditor.
C) ​ motion included with the appellate brief.
D) ​ post-trial deposition.

Question 60

A judgment debtor secures the amount of the judgment during a stay pending outcome of appeal by posting ​

A) ​ a supersedeas bond.
B) ​ a levy.
C) ​ an appeal bond.
D) ​ garnishment.

Question 61

In what areas is a paralegal's assistance especially effective in appeals practice?

Question 62

What are three grounds for a motion for a new trial?

Question 63

Why is it important to determine a defendant's assets early in a case?

Question 64

When a judgment is entered and recorded, in most jurisdictions, it is good ​

A) ​ for one year.
B) ​ for ten years.
C) ​ indefinitely.
D) ​ for the period specified by the court.

Question 65

Name three discovery devices that can be helpful in postjudgment investigations.

Question 66

What advantages are derived for the paralegal in keeping from the start of the case a separate section of the case file to note bills and costs and collect receipts?

Question 67

How may a paralegal assist in post-trial motion practice?

Question 68

Under what circumstances will an appellate judge review evidence?

Question 69

When are plaintiffs allowed to seize defendants' property before a trial? ​