Question 1

The defendant's case must rebut the plaintiff's evidence,prove any affirmative defenses asserted by the defendant,and prove any allegations contained in the defendants cross-complaint.

Accepted Answer

This statement is true. The defendant has the burden of proof to rebut the plaintiff's evidence, prove any affirmative defenses, and prove any allegations in their own cross-complaint.

Question 2

Jury instructions are also known as trial briefs.

Accepted Answer

Jury instructions are not known as trial briefs. Jury instructions are the set of legal rules that jurors must follow when deciding a case. Trial briefs are documents filed by attorneys in court to summarize their case, provide legal arguments, and cite relevant legal authority.

Question 3

The term voir dire refers to the process used to select the jury.

Accepted Answer

Voir dire is a legal term used to describe the process of selecting a jury. During this process, potential jurors are questioned by the judge or attorneys in order to determine their suitability for serving on a particular jury. This can include questions about their background, beliefs, and experiences that may influence their ability to be impartial in the case. Ultimately, the goal of voir dire is to select a fair and impartial jury that can fairly and impartially evaluate the evidence presented in the trial.

Question 4

The appealing party is known as the appellee.

Accepted Answer

The appealing party is known as the appellant. The appellee is the responding party in an appeal case.

Question 5

The judge sits as the trier of fact in nonjury trials.

Accepted Answer

In nonjury trials, the judge has the responsibility of determining the facts of the case and rendering a verdict.

Question 6

Appeals are made to courts with concurrent jurisdiction regarding the trial court.

Accepted Answer

Concurrent jurisdiction refers to the ability of different courts to hear the same type of case, not the appeal process. Appeals are typically made to a higher court, not one with concurrent jurisdiction.

Question 7

A reply brief is a report issued in direct response to questions posed by the judge prior to the appeal.

Accepted Answer

A reply brief is a document filed in appellate court proceedings, responding to arguments made in the opposing party's brief, not questions from the judge.

Question 8

For a trial to be conducted with a jury,both parties must request a jury trial.

Accepted Answer

In many legal systems, only one party needs to request a jury trial for it to be conducted with a jury.

Question 9

An appellate court will not reverse a finding of fact unless such finding is unsupported by the evidence or is contradicted by the evidence.

Accepted Answer

Appellate courts generally give deference to the factual findings of lower courts and will only overturn them if they are clearly erroneous or not supported by the evidence presented.

Question 10

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to refute the defendant's case.This is called a rebuttal.

Accepted Answer

The definition provided in the statement accurately describes the term "rebuttal" in a legal context.

Question 11

In rare occasions,an appellate court will overturn a jury verdict if the appellate court cannot,from the record of the trial court,find sufficient evidence to support the trier of fact's findings.

Accepted Answer

This is true. Appellate courts have the ability to overturn a jury verdict if they find that the evidence presented in the trial court was insufficient to support the jury's findings.

Question 12

A rebuttal is called to counter the opposing attorney's use of a rejoinder.

Accepted Answer

A rebuttal is a response to the opposing argument or evidence, while a rejoinder is a reply to a rebuttal.

Question 13

Very few trial court decisions are reversed,because most findings of fact are supported by the evidence.

Accepted Answer

This statement is generally true as the appellate courts give deference to the findings of facts made by the trial court, unless the trial court has made a clear error or abused its discretion. As a result, very few trial court decisions are reversed on appeal.

Question 14

The most common form of alternative dispute resolution is mediation.

Accepted Answer

The most common form of alternative dispute resolution is arbitration, not mediation.

Question 15

The appealing party is called the petitioner.

Accepted Answer

The appealing party is known as the petitioner in legal terms.

Question 16

Information given by the attorneys in their closing statements is evidence the trier of fact can use in reaching a verdict.

Accepted Answer

Closing statements are not considered evidence, but rather a summary and interpretation of the evidence presented during the trial. The trier of fact must base their verdict solely on the evidence presented and admitted during the trial.

Question 17

The decision of a jury is known as a judgment.

Accepted Answer

The decision of a jury is known as a verdict, not a judgment.

Question 18

During cross-examination,the defendant's attorney can ask questions only about the subjects that were brought up during direct examination.

Accepted Answer

In cross-examination, the questioning is typically limited to the topics covered during the direct examination to challenge the witness's testimony or credibility.

Question 19

For their rulings to be valid,arbitrators must be members of the American Arbitration Association.

Accepted Answer

Arbitrators do not have to be members of the American Arbitration Association to make valid rulings. While the AAA is a well-known organization for alternative dispute resolution, there are other organizations and independent arbitrators who can also conduct valid arbitrations. Additionally, parties can agree to use non-AAA arbitrators in their contracts.

Question 20

The final decision in a case is the judge's verdict.

Accepted Answer

The final decision in a case is typically referred to as the "judgment" or "ruling," while a "verdict" is the decision made by a jury.

Quiz 4: Judicial, Alternative, Administrative, and E-Dispute Resolution