Question 1

If the appeals court feels that an error was committed by the lower court when coming to its decision, but it does not know how that error would have affected the outcome of the case, it will reverse the lower court's decision.

Accepted Answer

If the appeals court cannot determine how the error would have affected the outcome of the case, it will usually remand the case back to the lower court for further proceedings, rather than reversing the decision outright.

Question 2

The jury acts as the factfinder when an equitable remedy is being sought.

Accepted Answer

In cases seeking equitable remedies, such as injunctions or specific performance, the judge, not the jury, typically acts as the factfinder.

Question 3

Discovery is the pretrial gathering of information from each other by the parties.

Accepted Answer

Discovery is the process where each party can request and gather information from each other before the trial.

Question 4

A writ of certiorari is .

Accepted Answer

A writ of certiorari is an order from a higher court (typically the Supreme Court) to a lower court to send the record of a case for review. This is often done when the higher court wishes to resolve an important legal question or when there is disagreement among lower courts on a particular issue.

Question 5

Which of the following statements is true of class actions?

Accepted Answer

The answer of Which of the following statements is true...

Question 6

Which of the following statements is true about appeals to the U.S. Supreme Court?

Accepted Answer

The Supreme Court will only issue a writ of certiorari if at least four justices vote to hear the case. Option A is incorrect as the Supreme Court only grants a small percentage of petitions requesting an appeal. Option B is incorrect as a refusal to hear a case does not have a precedential effect. Option C is incorrect as Quo Warranto is a writ that challenges the authority of a public official, not a writ issued by an appellate court to send the record of a case to the Supreme Court.

Question 7

The Class Action Fairness Act of 2005 .

Accepted Answer

The answer of The Class Action Fairness Act of 2005...

Question 8

Which of the following statements is true about an appeal?

Accepted Answer

The court to which a case is appealed depends on the court in which the case was originally heard. For example, if the case was originally heard in a state trial court, the appeal would go to the state appellate court. If the case was originally heard in a federal district court, the appeal would go to the federal court of appeals for that circuit.

A is incorrect because when a case is appealed, the appellate court reviews the record of the trial court proceedings and does not conduct a new trial.

B is incorrect because in order to successfully appeal a case, the losing party must allege a prejudicial error of law.

D is incorrect because both the appellant and appellee must file briefs in the court of appeals. The appellee's brief responds to the arguments made by the appellant and may also raise additional arguments in support of the trial court's decision.

Question 9

An appellate court .

Accepted Answer

An appellate court records the majority opinion of the judges, which can be used to guide future cases. The other answer choices are incorrect: A) a grand jury is not typically part of an appellate court, B) appellate court decisions can be made with a majority vote, not necessarily unanimity, and D) an appellate court can accept cases where prejudicial errors have occurred during trial.

Question 10

Which of the following statements is true about post-trial motions?

Accepted Answer

A motion for a new trial can be granted on the discretion of the presiding judge. A motion for judgment notwithstanding the verdict is usually made by the party that loses, not the party that wins. This motion is also filed in the trial court, not an appellate court. And a motion for a new trial does not require a majority vote from the jury, as it is up to the judge's discretion.

Question 11

The defendant presents the first closing argument.

Accepted Answer

The prosecution presents the first opening statement and the defense presents the second opening statement. The defense presents the first closing argument and the prosecution presents the second closing argument.

Question 12

Which of the following statements is true about a defendant's case?

Accepted Answer

The plaintiff's attorney is entitled to cross-examine the defendant's witnesses, as part of the adversarial nature of the trial process. The defendant has the opportunity to present a case, regardless of whether or not their motion for a directed verdict is granted. The defendant's attorney is allowed to conduct redirect examinations on witnesses, as a means of clarifying or addressing testimony given during cross-examination. The defendant's case is typically presented after the plaintiff's case, and before the conference on jury instruction.

Question 13

In a trial by jury, the .

Accepted Answer

In a trial by jury, the judge confers with the attorneys and draws up instructions for the jury. The judge's vote is not used to arrive at the verdict, and the judge is not considered the factfinder. The conference on jury instructions is typically held before the closing arguments of both parties.

Question 14

Which of the following statements is true about the decisions taken by an appellate court?

Accepted Answer

If a case is remanded, it means that the appellate court has sent the case back to the lower court for a new trial or further proceedings. Reversing a case means that the decision of the lower court is overturned and a new decision is made by the appellate court. Changing the remedy granted does not necessarily mean that the lower court's decision is affirmed. Hearing oral arguments may be a part of the appellate court's decision-making process but it does not determine whether the lower court's decision is modified or not.

Question 15

A rebuttal is .

Accepted Answer

A rebuttal is a brief additional argument by the plaintiff to address any important matters in the defendant's closing argument. It is presented after the defendant has made their closing argument and is intended to rebut or counter any points made by the defendant.

Question 16

Which of the following statements is true of the factors to be considered by a businessperson before appealing a decision?

Accepted Answer

A favorable ruling in an appellate court has precedential value, meaning that it sets a legal precedent that can be relied upon in future cases. The other options are incorrect. Appellate courts are not usually composed of a grand jury (A), attorneys are typically more expensive to hire for an appeal than an initial trial (C), and an appeal may allege that a prejudicial error occurred during the trial (D).

Question 17

Which of the following statements is true about a motion for a directed verdict?

Accepted Answer

A motion for a directed verdict can be filed by either party after the presentation of the defendant's case, typically when one party believes there is insufficient evidence for the case to continue to a jury decision.

Question 18

If a case is being heard by a jury, the trial would start with the conference on jury instruction between the judge and the attorneys.

Accepted Answer

The trial typically starts with opening statements from the attorneys, not with the conference on jury instruction. The conference on jury instructions usually occurs later in the trial process.

Question 19

The Supreme Court is likely to issue a writ of certiorari when a federal court has ruled that an act of Congress is unconstitutional.

Accepted Answer

This is true. The Supreme Court typically grants writs of certiorari when a lower court has issued a ruling on a constitutional issue, particularly if that ruling conflicts with the decisions of other federal courts of appeals.

Question 20

The pretrial conference includes the defendant and the plaintiff without their lawyers.

Accepted Answer

The pretrial conference typically involves the parties' attorneys along with a judge or mediator.

Quiz 3: The American Legal System