Question 1

Which of the following statements is true of a court trial?

Accepted Answer

Prospective jurors are questioned by lawyers for each party during jury selection, known as voir dire. Choice A is false as civil cases can be tried with or without a jury. Choice B is also false as the jury is the trier of fact in a jury trial. Choice C is false as the right to a jury trial is usually granted by law, but can be waived by the parties involved.

Question 2

A(n)________ is oral testimony given by a party or witness prior to trial.

Accepted Answer

The answer of A(n)________ is oral testimony given by a...

Question 3

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n)________.

Accepted Answer

The answer of A lawsuit where a group of plaintiffs...

Question 4

Briefly explain the steps involved in the pretrial litigation process.

Accepted Answer

The answer of Briefly explain the steps involved in the...

Question 5

Which of the following statements best describes re-direct examination?

Accepted Answer

Re-direct examination occurs after cross-examination, where the attorney who first questioned the witness (often the plaintiff's attorney) has another opportunity to question the witness to clarify or expand on issues raised during cross-examination by the opposing attorney (often the defendant's attorney).

Question 6

A(n)________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Accepted Answer

The answer of A(n)________ establishes the period during which a...

Question 7

What is direct examination?

Accepted Answer

Direct examination is the process in which the plaintiff's attorney questions their own witnesses in a trial, in order to present their version of the events to the judge or jury. The purpose is to elicit testimony that supports their case and to provide evidence to the court. It is not related to inspection of documents or jury selection.

Question 8

A(n)________ asserts that based on supporting evidence outside the pleadings,there are no factual disputes to be decided by the jury,and the judge should apply the relevant law to the undisputed facts and decide the case.

Accepted Answer

The answer of A(n)________ asserts that based on supporting evidence...

Question 9

The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

Accepted Answer

The answer of The act of a court combining two...

Question 10

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case.This is called a ________.

Accepted Answer

A rebuttal is when the plaintiff's attorney has the opportunity to call witnesses and present evidence to refute the defendant's case. A rejoinder is a response made by the opposing side after a rebuttal. A closing argument is the final argument made by each side to the jury before they begin their deliberation. Deliberation is the process of the jury discussing and considering the evidence presented to them before reaching a verdict.

Question 11

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Accepted Answer

Voir dire is a legal term for the process of questioning prospective jurors to determine their qualifications and suitability for service on a jury. Judges and attorneys use this process to identify and eliminate jurors who may be biased or unable to render a fair and impartial judgment in the case.

Question 12

What is cross-examination?

Accepted Answer

Cross-examination refers to the questioning of witnesses by the opposing party's attorney, also known as the defendant's attorney. A is incorrect as it refers to the duty of the judge or jury to examine evidence. B is incorrect as it refers to the process of potential jurors being questioned. C is incorrect as it refers to the judge questioning witnesses, which is known as direct examination.

Question 13

A(n)________ alleges that if all the facts presented in the pleadings are taken as correct, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts

Accepted Answer

The answer of A(n)________ alleges that if all the facts...

Question 14

Only the ________ can appeal in a criminal case.

Accepted Answer

The answer of Only the ________ can appeal in a...

Question 15

Which of the following statements is true of the plaintiff's case?

Accepted Answer

This statement is true based on the rules of direct and cross examination. The defendant's attorney is allowed to ask questions during cross-examination only about subjects that were brought up during the direct examination by the plaintiff's attorney.

Question 16

What is jury deliberation?

Accepted Answer

Jury deliberation is the process in which the jurors consider the evidence presented during a trial and reach a decision on the verdict.

Question 17

The deposition of a(n)________ can be given voluntarily or pursuant to a court order.

Accepted Answer

The answer of The deposition of a(n)________ can be given...

Question 18

Why are pretrial hearings necessary,especially if both parties have pursued the lawsuit with full knowledge?

Accepted Answer

The answer of Why are pretrial hearings necessary,especially if both...

Question 19

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

Accepted Answer

Judgment notwithstanding the verdict (JNOV) refers to the power of the court to overturn a verdict rendered by a jury in a civil case when the court finds that the verdict was unreasonable or erroneous due to jury misconduct or lack of sufficient evidence. Remittitur refers to the reduction of a damages award by the court for being excessive, while a motion for summary judgment and a motion for judgment on the pleadings seek to dispose of a case before trial based on legal arguments or lack of factual dispute.

Question 20

A(n)________ is a hearing before a trial in order to facilitate the settlement of a case.

Accepted Answer

The answer of A(n)________ is a hearing before a trial...

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