Question 1

The defendant bears the burden of proof to persuade the trier of fact of the merits of the case.

Accepted Answer

The statement is incorrect. The burden of proof lies with the prosecution in criminal cases and the plaintiff in civil cases, not with the defendant.

Question 2

A motion for judgment on the pleadings alleges that if all the facts presented in the pleadings are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

Accepted Answer

A motion for judgment on the pleadings essentially asks the court to make a decision without a trial, based solely on the pleadings and assuming all the facts presented as true. Therefore, if the motion is granted, it means that the party making the motion would win the lawsuit based on the law that applies to those facts.

Question 3

Jurors are sequestered in all superior court cases.

Accepted Answer

Jurors are not sequestered in all superior court cases; sequestration is typically reserved for high-profile cases to prevent outside influence.

Question 4

In deciding a motion for judgment on the pleadings,the judge cannot consider any facts outside the pleadings.

Accepted Answer

A motion for judgment on the pleadings is based solely on the pleadings - the complaint and answer - and any applicable supporting documents. The judge cannot consider any new or outside facts in making a decision on the motion.

Question 5

More than 90% of cases are settled prior to going to trial.

Accepted Answer

This is true, as most lawsuits are resolved through out-of-court settlements or alternative dispute resolution methods. Only a small percentage of cases actually go to trial.

Question 6

When potential jurors are selected,their names are taken from tax lists,voter registration lists and automobile registration lists and the first 12 people on the compiled list are automatically impaneled.

Accepted Answer

While potential jurors can be selected from these sources, the process of impaneling actually involves a screening process that considers factors such as impartiality and availability. Additionally, the number of jurors selected can vary depending on the jurisdiction and type of case.

Question 7

In terms of a request for production of documents,if the document sought are too voluminous to be moved or are in permanent storage,or if their movement would disrupt the ongoing business of the party who is to produce them,the requesting party may be required to examine the documents at the other party's premises.

Accepted Answer

This statement is true. The Federal Rules of Civil Procedure recognize that the production of certain documents may be burdensome or disruptive and allow for the requesting party to examine them at the producing party's premises instead. This is known as an inspection of documents.

Question 8

In general,a party must wait until the trial to find out the facts of the other party's case.

Accepted Answer

This is false. Prior to trial, both parties must disclose their evidence, witness statements, and other relevant information through a process called discovery. This allows both parties to understand and evaluate the other party's case before trial.

Question 9

Pursuant to the 5th Amendment to the United States Constitution,a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court.

Accepted Answer

The right to a jury trial in civil cases is guaranteed by the 7th Amendment, not the 5th Amendment. The 5th Amendment deals with rights related to criminal proceedings, such as protection against self-incrimination and double jeopardy.

Question 10

The legal process providing for a detailed pretrial procedure is called "case review."

Accepted Answer

The legal process providing for a detailed pretrial procedure is called "discovery."

Question 11

If either party requests a jury,the trial will be by jury.

Accepted Answer

This statement is true. If either party requests a jury, the trial will be by jury according to the Sixth Amendment of the United States Constitution.

Question 12

A motion for summary judgment asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case.

Accepted Answer

A motion for summary judgment is filed when one party believes that there are no genuine issues of material fact in the case and that they are entitled to judgment as a matter of law. The purpose of the motion is to avoid a trial if there are no factual disputes to be resolved by a jury. The judge will review the evidence presented by both parties and determine if there are any factual disputes that require a trial or if the case can be resolved by applying the law to the undisputed facts.

Question 13

If a review of the pleadings shows that there is no factual dispute between the parties,the trial may be concluded with the filing of a motion for a judgment on the pleadings.

Accepted Answer

The answer of If a review of the pleadings shows...

Question 14

If both parties waive their right to a jury,the trial will occur without a jury.

Accepted Answer

If both parties waive their right to a jury, the trial will proceed without a jury.

Question 15

Inquiries are written questions submitted by one party to a lawsuit to another party.

Accepted Answer

The answer of Inquiries are written questions submitted by one...

Question 16

A motion for judgment on the pleadings can be made by either party before the pleadings are complete.

Accepted Answer

A motion for judgment on the pleadings can only be made after the pleadings are complete, meaning all parties have filed their initial complaint, answer, and any counterclaims.

Question 17

Since the plaintiff has the burden of proof in a civil case,only the plaintiff's attorney is allowed to make an opening statement to the jury.

Accepted Answer

Both the plaintiff's attorney and the defense attorney are allowed to make an opening statement to the jury in a civil case.

Question 18

Due to concerns related to doctor-patient confidentiality,physical or mental examinations are not allowed as part of the discovery process.

Accepted Answer

While doctor-patient confidentiality is protected, physical or mental examinations can be allowed as part of the discovery process under certain circumstances, such as when the plaintiff's medical condition is relevant to the case. However, strict privacy protocols must be followed to protect the plaintiff's confidentiality.

Question 19

After the plaintiff's attorney has completed his or her questions,the defendant's attorney can question the witness.This is called direct examination.

Accepted Answer

Direct examination is when the plaintiff's attorney questions the witness. The defendant's attorney questions the witness during cross-examination.

Question 20

In opening statements,an attorney usually summarized the main factual and legal issues of the case and describes why he or she believes the client's position is valid.

Accepted Answer

This is a commonly accepted practice for opening statements in a trial setting.

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