Deck 16: Posttrial Practice

Question 1

Jury misconduct is the only basis for a court granting a motion for a new trial.

Answer 1

False

Question 2

Champion Chevrolet is the appellee.

Answer 2

False

Question 3

Champion could have asked the lower court to have the verdict and judgment set aside by filing a motion for a new trial.

Answer 3

True

Question 4

An appellate court has the authority to consider questions relating to the facts of a case.

Question 5

An appeal automatically stays or halts the judgment or the execution of the judgment in the lower court.

Question 6

A motion for a new trial must be served on the opposing party under the Federal Rules of Civil Procedure ________.

A) within 10 days of the entry of judgment
B) within 20 days after the close of the trial
C) within 20 days after the entry of judgment
D) prior to the entry of judgment

Question 7

A notice of appeal must be filed within 60 days if the U.S. government or one of its agencies or officers is a party to the case.

Question 8

The appellate court has the authority to consider questions relating to the facts of this case.

Question 9

The court may grant a new trial because ________.

A) the verdict was contrary to the law
B) of an excessive or insufficient damage award
C) of jury misconduct
D) All of these choices.

Question 10

Champion's appeal will not automatically stay the judgment or the execution of the lower court's judgment.

Question 11

After a trial has ended, a dissatisfied party may file ________.

A) a notice of appeal
B) a motion for a new trial
C) Either a or b.
D) None of these choices.

Question 12

The notice of appeal is the only document required for the filing of an appeal.

Question 13

A motion for a new trial must ________.

A) state the legal grounds on which a new trial should be granted
B) describe some impropriety on the part of the judge
C) be served on opposing counsel prior to the entry of judgment
D) Either a or b.

Question 14

The person bringing an appeal is referred to as the appellant.

Question 15

Appeals are ________.

A) expensive
B) time consuming
C) often unsuccessful
D) All of these choices.

Question 16

Kelley is the appellant.

Question 17

A motion for a new trial must be brought within 10 days of the day a trial ends.

Question 18

A judgment can be entered several weeks or months after a court's decision.

Question 19

After a trial, a party may file a motion for a new trial.

Question 20

The person who opposes an appeal is the appellate.

Question 21

The two briefs filed by an appellant in an appeal are the appellant's brief and the ________ brief.

Question 22

The maximum page length of the reply brief is ________ pages.

A) 25
B) 30
C) 40
D) 50

Question 23

The person who opposes an appeal is the ________.

Question 24

A writ of ________ is a court order compelling the seizure of the judgment debtor's property to satisfy the judgment.

Question 25

The ________ is responsible for transmitting the record and a certified copy of the docket entries to the court of appeals..

A) paralegal
B) court reporter
C) district court clerk
D) appellant's attorney

Question 26

An appellant against whom a money judgment was rendered is often required to file a(n) ________ bond to stay enforcement of the judgment pending the appeal.

Question 27

An appeal filed by the appellee is called a(n) ________.

Question 28

The amicus curiae brief is a ________ brief.

A) trial
B) friend of the court
C) reply
D) None of these choices.

Question 29

A posttrial ________ is a separate but ancillary proceeding that is filed to permit a judgment creditor to collect assets from a third party who holds assets belonging to the judgment debtor.

Question 30

After all briefs are filed, attorneys present the basis for their appeal before the court of appeals in the ________.

Question 31

The appellant's brief cover is ________.

A) red
B) blue
C) gray
D) green

Question 32

An individual appealing a judgment from a U.S. District Court should file the notice of appeal with the clerk of the ________ court.

Question 33

Under the Federal Rules of Appellate Procedure, within 10 days of filing a notice of appeal the appellant must request a(n) ________ from the court reporter.

Question 34

A petition for ________ is a request for a hearing before the U.S. Supreme Court.

Question 35

Except by permission of the court or local court rules, the maximum length of the principal brief is ________ pages.

A) 24
B) 30
C) 75
D) 100