Question 1

The plaintiff cannot offer rebuttal evidence on matters not raised or covered in the defendant's case-in-chief.

Accepted Answer

This is a basic rule of evidence known as "the rule of completeness." The plaintiff is only allowed to present evidence that is relevant to the issues raised by the defendant's case. This limitation helps to ensure that the trial stays focused on the relevant facts and legal issues.

Question 2

A party may offer into evidence any portion of an adverse party's deposition.

Accepted Answer

The Federal Rules of Civil Procedure allow a party to offer into evidence any portion of an adverse party's deposition that is admissible under the rules of evidence. This includes both the deposition of the party and any deposition of a witness that the party has designated as its own witness.

Question 3

Define
-rests

Accepted Answer

A party rests when the party formally announces that he or she has no more evidence to offer in support of his or her claim or defense. At that point the opposing party may proceed with the presentation of evidence in rebuttal.

Question 4

The impeached testimony of a witness may still support a verdict.

Accepted Answer

The fact that a witness has been impeached, or their credibility has been called into question, does not necessarily mean that their testimony cannot still be used as evidence to support a verdict. It is up to the trier of fact (judge or jury) to weigh the credibility of the witness and their testimony, along with any other evidence presented, in order to reach a decision.

Question 5

Define
-offer of proof

Accepted Answer

The answer of Define
-offer of proof...

Question 6

Which of the following statements in an opening statement is not objectionable?

Accepted Answer

An opening statement is meant to provide a preview of what evidence will be presented during the trial. It is not supposed to include arguments or opinions about the evidence. Option A and C provide arguments and opinions, and therefore are objectionable. Option B simply states a fact that may be supported by evidence and is not objectionable.

Question 7

The plaintiff can require the defendant to testify as part of the plaintiff's case- in-chief.

Accepted Answer

The plaintiff can call the defendant as a witness and require them to testify in order to present their case.

Question 8

The plaintiff may always withhold evidence for use in rebuttal.

Accepted Answer

The plaintiff must disclose all evidence during the discovery process and cannot withhold evidence for the sole purpose of using it in rebuttal; doing so could violate discovery rules and lead to sanctions.

Question 9

Deposition testimony may be offered as evidence when the deponent is not available to testify in court.

Accepted Answer

Deposition testimony can be used as evidence when the deponent is unavailable, as it is considered the "best" available evidence in such situations.

Question 10

Motions in limine may deal with both procedural and substantive legal issues.

Accepted Answer

The answer of Motions in limine may deal with both...

Question 11

A lawyer may not cross-examine:

Accepted Answer

A lawyer may cross-examine any witness aligned with the opposing side, any witness who is overtly hostile, and any independent witness who the opposing party calls to testify. However, a lawyer generally may not cross-examine an independent witness whom the lawyer themselves calls to testify, as this would conflict with the principle that a party calling a witness endorses the credibility of that witness.

Question 12

Define
-prima facie case

Accepted Answer

The answer of Define
-prima facie case...

Question 13

Define
-case-in-chief

Accepted Answer

The answer of Define
-case-in-chief...

Question 14

Define
-direct examination

Accepted Answer

The answer of Define
-direct examination...

Question 15

The plaintiff's lawyer may not state the amount of money damages the plaintiff claims in an opening statement.

Accepted Answer

In an opening statement, the plaintiff's lawyer can state the amount of money damages the plaintiff is claiming as it outlines the case's objectives and the relief sought.

Question 16

Define
-motion in limine

Accepted Answer

The answer of Define
-motion in limine...

Question 17

A direct examination question may suggest the answer that the examiner wants to hear.

Accepted Answer

Direct examination questions are typically open-ended and non-leading, allowing the witness to provide their own account without suggestion from the examiner.

Question 18

Jurors are required to follow whose statements regarding the law?

Accepted Answer

Jurors are required to follow the judge's statements regarding the law, as the judge is the one who explains the legal principles of the case to the jury. The plaintiff's and defendant's statements are not necessarily legal instructions for the jury to follow.

Question 19

After all the evidence has been presented and both parties have "finally" rested, each party has the right to make motions:

Accepted Answer

After all evidence has been presented, both parties have the right to make a motion for judgment as a matter of law, also known as a directed verdict. This motion asks the court to rule in their favor based on the evidence presented and the applicable law. This is a reasonable choice as it allows for a final decision to be made by the court without leaving the decision up to a jury.

Question 20

The Federal Rules of Civil Procedure impose a time limit on opening state- ments.

Accepted Answer

The Federal Rules of Civil Procedure do not impose a time limit on opening statements. The length of opening statements is typically determined by the judge or agreed upon by the parties.

Quiz 19: Structure of a Civil Trial