Question 1

Explain the differences between trial courts and inferior courts.

Accepted Answer

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Question 2

Which of the following statements is true of the presentation of testimony?

Accepted Answer

A plaintiff's attorney presents the evidence through witnesses and exhibits. Each witness is sworn and then examined by the plaintiff's attorney; this is called direct examination. The defendant's attorney may cross-examine each witness, trying to raise doubts as to the person's credibility or trustworthiness. The plaintiff's attorney may then conduct a redirect examination to clarify the plaintiff's view of the facts and perhaps to minimize whatever negative effect was created in the cross-examination. During a witness's testimony, the opposing attorney may object to the presentation of certain evidence.

Question 3

A _____ is designed to reach things belonging to the debtor that are in the hands of third parties.

Accepted Answer

A writ of garnishment is designed to reach things belonging to the debtor that are in the hands of third parties, such as wages, bank accounts, and accounts receivable. Garnishment proceedings, like execution sales, are highly regulated by statute.

Question 4

The term amicus curiae means:

Accepted Answer

When people or groups other than the parties involved are interested in the outcome of a certain appeal, they may request to be permitted to file amicus curiae (friend of the court) briefs.

Question 5

In order to appeal a decision,_____.

Accepted Answer

To be able to appeal, a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. The appellate courts hear no witnesses and gather no new evidence.

Question 6

Under what conditions can one or more members of a class may sue or be sued as representative of a class? What type of lawsuit can their claims be consolidated into?

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Question 7

The function of a judge in the United States differs from that in Europe.Explain.

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Question 8

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a _____.

Accepted Answer

A transcript of the entire trial proceeding, including the testimony of all the witnesses and any discussions between the judge and the attorneys, must be prepared and forwarded to the appeals court.

Question 9

The employees of Claudio Inc.were on strike for 30 days and that led to huge losses for the business.Owing to loss of business and wages,both parties wanted to settle the dispute but were unable to negotiate successfully.Which method of dispute settlement is best suited to them? Why?

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Question 10

Explain the concept of a motion to dismiss.

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Question 11

Which of the following is true of the burden of proof in a criminal trial?

Accepted Answer

The attorneys make closing arguments that sum up a case. Normally the defendant's attorney goes first. This gives the plaintiff, who has the burden of proof, the last word. The burden of proof for a criminal case is different from that for a civil case. In a criminal case the state, as plaintiff, must convince the fact finder-jury or judge-beyond a reasonable doubt of the defendant's guilt.

Quiz 2: Dispute Settlement