Question 1

A motion in which the moving party asks the judge to set aside a jury's decision and enter a different decision is known as a ________.

Accepted Answer

A motion for judgment notwithstanding the verdict (JNOV) is a request by the moving party to have the judge set aside the jury's decision and enter a different decision based on the evidence presented at trial. This motion can only be made after a jury has rendered a verdict. A motion for new trial (A) asks the judge to order a new trial because of errors or misconduct that may have affected the outcome of the trial. A motion for directed verdict (C) is a motion made by the defendant at the close of the plaintiff's case or by the plaintiff at the close of the entire case, asking the judge to rule in their favor because there is not enough evidence to support the other party's case. A motion in limine (D) is a pretrial motion to exclude or limit certain evidence from being presented at trial.

Question 2

The decision from the court on a motion is known as a(n) ________.

Accepted Answer

The answer of The decision from the court on a...

Question 3

Motions are usually made ________.

Accepted Answer

Motions can be made during the pretrial stage, during the trial, or after the trial, depending on the circumstances of the case. Therefore, all of these choices are correct.

Question 4

In federal court, a motion for judgment notwithstanding the verdict is now called a motion for ________.

Accepted Answer

The answer of In federal court, a motion for judgment...

Question 5

Sometimes, after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a(n) ________ ruling prior to the court hearing.

Accepted Answer

The answer of Sometimes, after reviewing all of the papers...

Question 6

A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a(n) ________.

Accepted Answer

The answer of A statement under penalty of perjury, sworn...

Question 7

A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.

Accepted Answer

The answer of A document setting forth a legal argument...

Question 8

After requesting and obtaining a temporary restraining order, a party would normally request a(n) ________.

Accepted Answer

The answer of After requesting and obtaining a temporary restraining...

Question 9

If a motion is served by mail, electronically, or by fax, ________ days must be added to the 14-day notice requirement.

Accepted Answer

The answer of If a motion is served by mail,...

Question 10

Except for motions made during the ________, motions are required to be written, filed in court, and served on opposing attorneys.

Accepted Answer

The answer of Except for motions made during the ________,...

Question 11

If an attorney makes a frivolous motion, the court will probably issue ________ against the attorney to punish him or her.

Accepted Answer

The answer of If an attorney makes a frivolous motion,...

Question 12

Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.

Accepted Answer

The answer of Motions made at the beginning of a...

Question 13

A motion for a summary judgment is an example of a ________ motion.

Accepted Answer

A motion for summary judgment is a pretrial motion, as it is filed before the trial begins and seeks to have the case resolved without a trial. Posttrial motions are filed after a trial has ended, trial motions are made during the trial, and discovery motions are filed during the discovery phase of a case.

Question 14

A motion requesting that judgment be entered because no true factual disputes exist is known as a motion for a(n) ________.

Accepted Answer

The answer of A motion requesting that judgment be entered...

Question 15

A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________.

Accepted Answer

A motion for judgment on the pleadings is a request to the court to enter a judgment based solely on the allegations contained in the pleadings. It is only appropriate when no material fact is in dispute and the moving party is entitled to judgment as a matter of law.

Quiz 7: Motion Practice