Question 1

Discovery is the pretrial gathering of information from each other by the parties.

Accepted Answer

Discovery is indeed the pretrial process where each party can gather information from the other party. This information can be in the form of documents, witness statements, or answers to interrogatories. The purpose of discovery is to allow both parties to prepare for trial and hopefully reach a settlement without having to go to court.

Question 2

The defendant presents the first closing argument.

Accepted Answer

In a trial, the plaintiff (in a civil case) or the prosecution (in a criminal case) presents the first closing argument, followed by the defendant, and then the plaintiff or prosecution is given another chance for a rebuttal.

Question 3

Grand juries are used only in criminal matters.

Accepted Answer

Grand juries are panels of citizens that convene to determine whether there is enough evidence to bring criminal charges against a person. They are not used in civil matters.

Question 4

Explain the rationale behind granting the right of removal to both parties in a case.

Accepted Answer

The answer of Explain the rationale behind granting the right...

Question 5

The pretrial conference includes the defendant and the plaintiff without their lawyers.

Accepted Answer

The pretrial conference typically includes the defendant, plaintiff, and their lawyers, along with the judge or a magistrate.

Question 6

The Fifth Amendment requires that all federal prosecutions for "infamous" crimes be commenced with an indictment by a grand jury.

Accepted Answer

The Fifth Amendment to the United States Constitution states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." This requirement only applies to federal prosecutions for infamous crimes.

Question 7

What are the basic stages in a lawsuit?

Accepted Answer

The answer of What are the basic stages in a...

Question 8

Explain with an example how the legal system in the United States differs from that of other countries.

Accepted Answer

The answer of Explain with an example how the legal...

Question 9

Discuss the consequences of the Class Action Fairness Act of 2005 on the plaintiffs and the defendants.

Accepted Answer

The answer of Discuss the consequences of the Class Action...

Question 10

When parties make international agreements, they can incorporate as a term of the agreement their choice of which nation's court will hear any disputes arising under the agreement.

Accepted Answer

This is known as a choice of forum clause, and it is a common practice in international agreements.

Question 11

If a case is being heard by a jury, the trial would start with the conference on jury instruction between the judge and the attorneys.

Accepted Answer

The trial typically starts with jury selection (voir dire), followed by opening statements, before any conference on jury instructions, which usually occurs towards the end of the trial.

Question 12

Compare and contrast between judicial restraint and judicial activism.

Accepted Answer

The answer of Compare and contrast between judicial restraint and...

Question 13

How do courts achieve in personam jurisdiction?

Accepted Answer

The answer of How do courts achieve in personam jurisdiction?...

Question 14

What are the arguments for and against electing judges and appointing them for life?

Accepted Answer

The answer of What are the arguments for and against...

Question 15

If the appeals court feels that an error was committed by the lower court when coming to its decision, but it does not know how that error would have affected the outcome of the case, it will reverse the lower court's decision.

Accepted Answer

If the appeals court cannot determine how the error would have affected the outcome of the case, it will typically remand the case back to the lower court for further proceedings or a new trial. Simply reversing the lower court's decision without knowing the impact of the error would not be a fair or just resolution.

Question 16

The Supreme Court is likely to issue a writ of certiorari when a federal court has ruled that an act of Congress is unconstitutional.

Accepted Answer

This is true as one of the roles of the Supreme Court is to review cases related to the constitutionality of federal laws. The writ of certiorari is issued when the Supreme Court agrees to hear a case and review the lower court's decision. If a federal court has ruled that an act of Congress is unconstitutional, it is likely that the Supreme Court would review the case and potentially issue a writ of certiorari.

Question 17

The jury acts as the factfinder when an equitable remedy is being sought.

Accepted Answer

In cases where an equitable remedy is being sought, it is typically the judge, not the jury, who acts as the factfinder and decides whether such a remedy is appropriate.

Quiz 3: The American Legal System