Question 1

If an appellate court's decision is contrary to the trial court's judgment, the trial court's judgment has been:

Accepted Answer

When an appellate court's decision is contrary to the trial court's judgment, it means the appellate court has reversed the trial court's decision.

Question 2

In an appellate court:

Accepted Answer

In an appellate court, there is no jury and no new evidence will be presented.

Question 3

Which of the following property is exempt from a writ of execution?

Accepted Answer

A debtor's home up to a certain dollar amount and tools used by the debtor in his trade are typically exempt from a writ of execution to protect basic living and working needs.

Question 4

A document that puts in force a court's decree or judgment and is often used to take and sell a defendant's assets to pay a judgment is called:

Accepted Answer

A writ of execution is a court order that puts into effect a court's judgment, allowing for the seizure and sale of a defendant's assets to satisfy a judgment.

Question 5

If an appellate court decides to send a case back to the trial court for further proceedings, it has the case.

Accepted Answer

When an appellate court sends a case back to the trial court for further proceedings, it is said to have remanded the case.

Question 6

Which of the following would lead to a motion for a new trial having a reasonable chance of being granted?

Accepted Answer

All of these choices can potentially lead to a motion for a new trial being granted. Jury misconduct refers to improper behavior by jurors during the trial, such as conducting independent research or discussing the case outside the courtroom. Prejudicial jury instructions are instructions from the judge to the jury that may unfairly bias them against one party. Excessive damages refer to a verdict that is unreasonably high and may be deemed to have been influenced by passion or prejudice. If any of these issues can be proven, it could provide sufficient grounds for a new trial.

Question 7

The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision is called a(n):

Accepted Answer

An appeal is a request to a higher court to review a lower court's decision.

Question 8

Which of the following is not a necessary characteristic of being a successful litigation paralegal?

Accepted Answer

All the listed characteristics are important for a successful litigation paralegal, making none of the choices incorrect.

Question 9

Which of the following sources might be useful in researching a defendant's assets?

Accepted Answer

Facebook and Twitter can provide insights into a defendant's lifestyle, potential assets, and financial status through posts, photos, and interactions, making them useful for asset research.

Question 10

Another term for a motion for judgment notwithstanding the verdict is:

Accepted Answer

A motion for judgment notwithstanding the verdict is also known as a motion for judgment as a matter of law.

Question 11

The party against whom an appeal is taken and who is sometimes referred to as the respondent is called:

Accepted Answer

An appellee is the party against whom an appeal is taken and is sometimes referred to as the respondent in appellate cases.

Question 12

A is a motion asserting that the trial was so fundamentally flawed because of error, newly discovered evidence, prejudice, or other reason that a new trial is needed to prevent a miscarriage of justice.

Accepted Answer

A motion for a new trial is a request to the court to order a new trial because the original trial was flawed in some way.

Question 13

An appellate court may do which of the following?

Accepted Answer

An appellate court can choose to affirm the lower court's decision, meaning that they agree with it and will not change it. They may also reverse the lower court's decision, meaning they do not agree with it and will change it. The court can remand the case, meaning that they send it back to the lower court for further review or for a new trial. Finally, they may modify the lower court's decision, meaning they change some aspects of it but leave some parts intact. All of these options are available to the appellate court.

Question 14

A motion requesting that the court grant judgment in favor of the moving party on the ground that the jury verdict against the moving party was unreasonable or erroneous is called a:

Accepted Answer

A Motion for Judgment Notwithstanding the Verdict (JNOV) is filed when a party believes the jury's verdict was unreasonable or erroneous, asking the court to overturn it.

Question 15

Exempt property:

Accepted Answer

Exempt property is protected by law from being seized or sold to pay debts owed to judgment creditors.

Question 16

A creditor who is legally entitled, by a court's judgment, to collect the amount of the judgment from a debtor is called:

Accepted Answer

A judgment creditor is a creditor who has obtained a court judgment against a debtor, allowing them to collect the amount owed.

Question 17

If an appellate court decides to uphold the trial court's judgment in a case, the appellate court has the trial court's judgment.

Accepted Answer

The appellate court has affirmed the trial court's judgment, meaning that it has upheld the lower court's decision.

Question 18

The items that are submitted during the trial (such as pleadings, motions, briefs, exhibits, and the transcript of the trial proceedings) and are forwarded to the appellate court for review when a case is appealed are called:

Accepted Answer

The record on appeal consists of all the documents and evidence submitted during the trial, which are reviewed by the appellate court when a case is appealed.

Question 19

Which of the following is required for civil litigation?

Accepted Answer

All of these choices are correct. Civil litigation requires patience, an appreciation of strategy, and attention to detail in order to effectively navigate the legal system and represent clients.

Question 20

The party who takes an appeal from one court to another and is sometimes referred to as the petitioner is called:

Accepted Answer

The appellant is the party who takes an appeal from one court to another, seeking a review of the lower court's decision.

Quiz 11: Trial Procedures