Question 1

Which of the following is a motion that may be made during trial in which it is requested that the court decide the case in favor of the moving party on the ground that the other party has not offered enough evidence to support a claim against the moving party?

Accepted Answer

A motion for a directed verdict is made during trial and requests that the court decide the case in favor of the moving party because there is not enough evidence to support the other party's claim. A motion for a directed verdict is made during trial and requests that the court decide the case in favor of the moving party on the ground that the other party has not offered enough evidence to support a claim against the moving party. This motion is typically made after the opposing party has presented its case.

Question 2

Which of the following is another term for a motion for judgment notwithstanding the verdict?

Accepted Answer

A motion for judgment notwithstanding the verdict is also known as a motion for judgment as a matter of law. A motion for judgment notwithstanding the verdict is also known as a motion for judgment as a matter of law. This motion asks the court to overrule the jury's verdict because there is no legally sufficient basis for it.

Question 3

In his closing argument, an attorney

Accepted Answer

A closing argument is a statement made by the attorney at the end of a trial or court hearing in which he or she summarizes the key points of the case and argues in favor of their client. While an attorney may attempt to discredit a witness or suggest a remedy for their client during the closing argument, these actions are usually done in service of summarizing their case and arguing in favor of their client. Therefore, choice A is the best answer. In a closing argument, an attorney generally summarizes the presentations made during the trial and argues in favor of his client. While an attorney may attempt to discredit a key witness or suggest an appropriate remedy, these actions are typically done within the context of supporting the overall argument for the client's case. Choosing just one point from the case may not provide a holistic view of the case and may not be convincing enough for the court. Therefore, the best choice is A.

Question 4

The is an argument made by each side's attorney after the cases for the plaintiff and defendant have been presented and prior to the jury being charged.

Accepted Answer

The argument made by each side's attorney after the cases for the plaintiff and defendant have been presented and prior to the jury being charged is the closing argument. This is referring to the closing argument, which is made by each side's attorney after all evidence has been presented and prior to the jury being charged with instructions for deliberation. The closing argument is the final opportunity for each side to persuade the jury to rule in their favor.

Question 5

Which of the following is true of a trial in an appellate court?

Accepted Answer

In an appellate court, no new evidence is presented and there is no jury. The trial is based on the record of the previous trial, and the appellate court is only reviewing the legal arguments and decisions made in the lower court. There may be arguments made by the attorneys, but there are no opening statements as the purpose of the trial is not to present evidence, but rather to determine if there were any errors in the lower court proceedings. In an appellate court trial, the court is reviewing a lower court decision and considering whether or not an error was made. As a result, no new evidence will be presented, and there is no need for a jury. Therefore, choice D, "No new evidence will be presented and there is no jury," is the correct answer.

Question 6

A verdict is

Accepted Answer

The answer of A verdict is
...

Question 7

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 could potentially lead to a motion for a new trial being granted. Jury misconduct, such as a juror researching the case outside of court, could be grounds for a new trial. Prejudicial jury instructions that were unclear or biased in favor of one party could also be cause for a new trial. Excessive damages could indicate that the jury was influenced by improper factors in determining the amount awarded, such as sympathy for one party. Jury misconduct, prejudicial jury instructions, and excessive damages are all grounds for a motion for a new trial. Each of these issues could have unfairly influenced the outcome of the trial and could warrant a new trial being granted.

Question 8

Which of the following is not a true statement regarding alternate jurors?

Accepted Answer

Alternate jurors do not attend or participate in jury deliberations at the close of the evidence. They are dismissed before the jury begins deliberating, unless they are needed to replace an excused juror. Alternate jurors do not attend or participate in jury deliberations unless called upon to replace a regular juror.

Question 9

The questioning of a witness following the adverse party's cross-examination is called

Accepted Answer

After the adverse party has completed their cross-examination, the attorney who called the witness to testify may conduct redirect examination to clarify any issues or contradictions that arose during cross-examination. This is also called "re-examination" or "recross-examination." However, the term "recross-examination" specifically refers to the adverse party questioning the witness again after the redirect examination. After cross-examination, the witness may be questioned again by the party who first called the witness to the stand. This is known as redirect examination, and it is meant to clarify any issues or clear up any confusion that may have arisen from the cross-examination. Recross-examination is not a standard practice and is only used in certain circumstances.

Question 10

The charge is which of the following?

Accepted Answer

The charge is the judge's summation of the case and instructions to the jury. This is given after the closing arguments from both the plaintiff and defense attorneys and serves to guide the jury in their decision-making process. The charge is the judge's summation of the case and instructions to the jury.

Question 11

The questioning of an opposing witness following the adverse party's redirect examination is called which of the following?

Accepted Answer

Recross-examination is the questioning of an opposing witness following the adverse party's redirect examination. This allows the opposing party to clarify any points that may have been brought up during redirect examination. After the redirect examination, the opposing party may conduct recross-examination to further question the witness on topics brought up during the redirect examination.

Question 12

The nature and extent of the cross-examination are subject to which of the following?

Accepted Answer

The nature and extent of cross-examination are primarily subject to the discretion of the trial judge. While there are some rules governing cross-examination, such as the Federal Rules of Evidence, the judge ultimately determines how far the cross-examining attorney can go in questioning the witness. This is because the judge must balance the need for thorough questioning with the possibility of wasting time or confusing the jury. The nature and extent of cross-examination are subject to the discretion of the trial judge. While there are some general principles and rules that govern cross-examination, the specifics are left up to the judge's discretion.

Question 13

An attorney's primary goal during cross-examination is to

Accepted Answer

An attorney's primary goal during cross-examination is to reduce the witness's credibility by exposing any inconsistencies or biases in their testimony. This helps to weaken the opposing party's case and strengthen the attorney's argument. The other options are not typically the primary goal during cross-examination. An attorney's primary goal during cross-examination is to reduce the witness's credibility by challenging their testimony and pointing out inconsistencies or flaws in their story. This is done in order to cast doubt on the witness's reliability and the strength of their testimony.

Question 14

Which of the following is another term for a motion for a directed verdict?

Accepted Answer

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

Question 15

The judge's instruction to the jury, following the attorneys' closing arguments, which sets forth the rules of law that the jury must apply in reaching its decision, or verdict, is called the

Accepted Answer

The judge's instruction to the jury is called the charge. It sets forth the rules of law that the jury must apply in reaching its decision. The other options are incorrect as a challenge refers to an objection by one party to the other party's evidence or argument; a verdict is the decision of the jury after deliberation; and a judgment is the final decision of the court. The judge's instruction to the jury following closing arguments is called the charge. It sets forth the rules of law the jury must follow when deciding the verdict. The other options, challenge, verdict, and judgment, do not accurately describe this aspect of a trial.

Question 16

Which of the following 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 asserts that the trial was flawed and a new trial is needed to prevent a miscarriage of justice. A motion for a directed verdict asks the judge to rule in favor of one party without sending the case to the jury. A motion for judgment notwithstanding the verdict asks the judge to overturn the jury's verdict. A motion in limine asks the judge to exclude certain evidence from trial. A motion for a new trial is the only option listed that matches the description given. A motion for a directed verdict is filed during the trial and asks the judge to make a decision in favor of the defendant because the plaintiff has not proven their case. A motion for judgment notwithstanding the verdict is similar to a directed verdict but filed after the trial has already concluded. A motion in limine is a motion filed before the trial begins to exclude certain evidence or testimony from being presented in court.

Question 17

Which of the following is 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?

Accepted Answer

A motion for judgment notwithstanding the verdict (JNOV) is a request that the court set aside the jury verdict and enter judgment in favor of the moving party based on the argument that the verdict was unreasonable or erroneous. This motion can be made after a jury trial and is often used when the evidence presented at trial does not support the jury's decision. A motion for judgment notwithstanding the verdict (JNOV) requests that the court overturn the jury's decision and enter a judgment in favor of the moving party because the verdict was unreasonable or erroneous. A motion for a directed verdict is made before the jury has reached a verdict and asks the court to direct a verdict in favor of the moving party. A motion for a new trial requests that the court set aside the jury's verdict and order a new trial. A motion in limine is a pretrial motion that asks the court to exclude certain evidence or arguments from trial.

Question 18

Redirect examination occurs

Accepted Answer

Redirect examination occurs after the opposing attorney finishes with their cross-examination of the witness. This allows the attorney who called the witness to clarify any points or address any issues that were brought up during the cross-examination. Redirect examination occurs after the opposing attorney finishes their cross-examination of the witness. The purpose of redirect examination is to clarify any issues or misconceptions that may have been brought up during cross-examination. Therefore, it would not occur just after the opening statements, before cross-examination, or after the jury has retreated for deliberation.

Question 19

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 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. The other options (A, C, and D) are related to different aspects of the appellate process but do not fully capture the essence of seeking review itself, which is what an appeal is. The process described is an appeal whereby one party requests review by a higher court to correct or change a lower court's decision. A record on appeal is a compilation of all the documents and evidence presented in the lower court that is submitted to the higher court for review. An appellant is the party who initiates the appeal, while the appellee is the responding party. However, the question specifically asks for the name of the process, which is an appeal.

Question 20

A formal decision made by a jury is called a(n)

Accepted Answer

A verdict is the formal decision made by a jury in a legal case. It is the jury's final decision on the case and can either be guilty or not guilty. A formal decision made by a jury is called a verdict.

Quiz 12: Trial Procedures