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117. In contrast to the American system, judges in British court proceedings:
a. summarize the evidence for the jury before instructing them on the relevant laws
b. summarize the potential sentencing possibilities
c. remind the jury of its duties
d. give the opening statement
e. do not speak during the trial
118. If a party refuses to comply with a court order to produce documents or answer written interrogatories:
a. nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it can
b. nothing can be done at that time, but the questions can be asked again during the trial to show the judge and
jury that the party would not provide relevant information
c. the court can find the party in contempt of court, which can result in fines or imprisonment
d. the court can declare a mistrial and order the procedure to begin again
e. none of the other choices are correct
119. If a party refuses to comply with a court order to produce documents or answer written interrogatories, the court
may:
a. enter judgment in favor of the other party
b. impose sanctions on the party refusing to answer
c. impose fines on the party refusing to answer
d. send the party refusing to answer to jail
e. all of the other choices are possible
120. A person is injured in an accident involving a GM car. The person sues GM, claiming the design of the vehicle was
defective. They claim that they must ask the president of GM certain questions. The president:
a. must appear at any trial at which he is requested as a witness
b. usually will not have to appear at the trial, but may have to give a deposition
c. may designate subordinates to answer questions for him at a deposition
d. may designate subordinates to give testimony at trial on his behalf
e. cannot be required to participate in the litigation in any way unless he is the defendant
121. If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the
law to those facts and resolve the dispute. This is a request for:
a. j.n.o.v.
b. directed verdict
c. summary judgment
d. mistrial
e. none of the other choices
122. If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the
law to those facts and resolve the dispute. This is a request for:
a. j.n.o.v.
b. directed verdict
c. counterclaim
d. mistrial
e. none of the other choices
123. At the close of discovery, either party may:
a. move for a summary judgment
b. move for an ultimate judgment
c. halt the court proceedings until further evidence is obtained
d. move for a timed judgment
e. move for a sustained judgment
124. Summary judgment is granted when:
a. when the plaintiff fails to provide an expert witness
b. when the court cannot apply the law to the undisputed facts of the case
c. when the court has been in session for at least three months
d. when the court can apply the law to the undisputed facts and resolve the dispute
e. none of the other choices are correct
125. Summary judgment:
a. can be granted, even if there are differences over what happened
b. can apply to all of the issues
c. can apply to only some of the issues
d. all of the other specific choices are correct
e. none of the other specific choices are correct
126. A major purpose of pretrial conferences is to:
a. simplify issues and plan the course of the trial
b. continue the discovery process through the trial stage
c. restrict the role of the judge in the settlement process
d. provide plaintiffs with smaller awards
e. none of the other choices
127. Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to
trial. The judge may:
a. order the parties to settle the case
b. order the parties to appear at a pretrial settlement hearing
c. request the parties to come to a pretrial settlement hearing
d. request the defendant come to a pretrial settlement hearing
e. not have a pretrial settlement hearing unless requested by both parties
128. As a general rule, judges who are scheduled to have a case tried before them:
a. are not allowed to pressure the parties to come to a settlement
b. may not allow a settlement once discovery is completed
c. may strongly encourage the parties to settle and not have a trial
d. may rule in favor of a party that refuses to agree to a settlement before trial
e. none of the other choices
129. As a general rule, judges who are scheduled to have a case tried before them:
a. are not allowed to pressure the parties to come to a settlement
b. may not allow a settlement once discovery is completed
c. may request punishment by the state bar association for the lawyer who did not cooperate
d. may rule in favor of a party that refuses to agree to a settlement before trial
e. none of the other choices
130. A conference between the attorneys and judges held before the trial to simplify issues and plan the course of the
trial is known as a:
a. pretrial arrangements
b. pretrial meeting
c. pretrial conference
d. post-trial conference
e. none of the other choices are correct
131. A conference between the attorneys and judges held before the trial to simplify issues and plan the course of the
trial is known as a:
a. pretrial arrangements
b. pretrial meeting
c. pretrial pow-wow
d. post-trial conference
e. none of the other choices are correct
132. At pretrial conferences, judges often encourage:
a. parties to attempt to reach an out-of-court settlement
b. the plaintiff to drop the case
c. the defendant to plead guilty
d. the defendant to drop the case
e. the plaintiff to give the defendant more time to prepare a defense
133. After completion of the discovery process the case is ready:
a. to go to trial
b. to go to the jury for deliberation
c. to go to the judge for determination
d. for final arguments
e. none of the other choices
134. A case is ready to go to trial after completion of:
a. the allegation process
b. the reading process
c. the discovery process
d. the summary process
e. the litigation process
135. A case is ready to go to trial after completion of:
a. the allegation process
b. the reading process
c. the litigation process
d. the summary process
e. none of the other choices are correct
136. In the federal courts the right to a jury trial is guaranteed:
a. in all cases
b. only in criminal cases, not in civil cases
c. only in civil cases, not in criminal cases
d. in common law cases in which over $20 is in dispute
e. in no cases; juries are only used in state courts
137. The U.S. Constitution guarantees a right to a jury trial in:
a. the First Amendment
b. the Fourth Amendment
c. the Fifth Amendment
d. the Sixth Amendment
e. the Eighth Amendment
138. The U.S. Constitution guarantees a right to a jury trial in:
a. the First Amendment
b. the Fourth Amendment
c. the Fifth Amendment
d. the Seventh Amendment
e. none of the other choices; the Constitution only guarantees a right to trial, not to a jury
139. Both the Sixth and Seventh Amendments to the U.S. Constitution:
a. provide for the right to a jury in certain cases
b. provide for the right to an attorney in certain cases
c. provide stare decisis
d. provide habeus corpus
e. none of the other choices are correct
140. The right to a jury trial:
a. must be exercised in all cases
b. does not have to be exercised
c. can only be exercised if both the plaintiff and defendant agree
d. can only be exercised by the defendant
e. none of the other choices are correct
141. The right to a jury trial:
a. must be exercised in all cases
b. can only be exercised by the plaintiff
c. can only be exercised if both the plaintiff and defendant agree
d. can only be exercised by the defendant
e. none of the other choices are correct
142. The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are
likely to affect the judgment are all factors that affect:
a. the decision to request a jury trial
b. the decision to go to trial
c. the choice of attorney
d. the length of the trial
e. the tone of the trial
143. The screening process used to select jury members is called:
a. adverse selection
b. voir dire
c. summary selection
d. venue
e. sequestering
144. The screening process used to select jury members is called:
a. adverse selection
b. sequestering
c. summary selection
d. venue
e. none of the other choices
145. Voir dire is:
a. the process used to select jury members
b. the process used to select attorneys
c. the defendant's claims against the plaintiff
d. the plaintiff's claims against the defendant
e. the defendant's response to the plaintiff
146. Voir dire is:
a. the defendant's response to the plaintiff
b. the process used to select attorneys
c. the defendant's claims against the plaintiff
d. the plaintiff's claims against the defendant
e. none of the other choices are correct
147. The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to
be so biased that he or she could not reach a fair decision based on the evidence presented is called:
a. dire voir
b. stare decisis
c. voir dire
d. decisis stare
e. strict questioning
148. The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to
be so biased that he or she could not reach a fair decision based on the evidence presented is called:
a. dire voir
b. stare decisis
c. relative questioning
d. decisis stare
e. none of the other choices are correct
149. During the selection of a jury from the jury pool, attorneys:
a. are usually allowed to reject some jurors without any reason
b. may insist on a jury with 12 jurors
c. may reject any potential juror without restriction
d. may request to meet with potential jurors in private
e. none of the other choices are correct
150. During voir dire for a trial against MaryElise the opposing party's attorney finds that Jenny, one of the potential
jurors, went to high school with MaryElise. The attorney challenges Jenny. Jenny will be rejected from the jury if
the attorney can:
a. persuade the judge that Jenny will not help the case
b. persuade the judge that Jenny may be biased
c. persuade the judge that she does not like Jenny
d. persuade the judge to cancel the trial
e. persuade the judge that Jenny is not biased
151. At the beginning of the trial both lawyers make
will prove those facts to support their position.
a. opening statements
b. closing statements
c. pre-trial statements
d. voir dire statements
e. state decisis statements
, which tell the jury what the crucial facts are and how they
152. At the beginning of the trial both lawyers make
will prove those facts to support their position.
a. state decisis statements
b. closing statements
c. pre-trial statements
d. voir dire statements
e. none of the other choices are correct
, which tell the jury what the crucial facts are and how they
153. Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses
will be, and provide a roadmap of the trial during the:
a. state decisis statements
b. closing statements
c. opening statements
d. voir dire statements
e. none of the other choices are correct
154. Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses
will be, and provide a roadmap of the trial during the:
a. state decisis statements
b. closing statements
c. pre-trial statements
d. voir dire statements
e. none of the other choices are correct
155. Opening statements give lawyers the opportunity to:
a. explain their clients' view of the case to the jury
b. tell the jury who the witnesses will be
c. provide a roadmap of the trial
d. all of the other specific choices are correct
e. none of the other specific choices are correct
156. Following the opening statements at a trial, the:
a. bailiff flips a coin to see who goes first
b. defendant goes first since he has the burden of proving the plaintiff's arguments are wrong
c. plaintiff goes first since she has the burden of proving that her arguments are correct
d. plaintiff goes first in civil cases, the defendant goes first in criminal cases
e. judge decides who goes first depending on the type of case
157. Following a trial's opening statements, the plaintiff:
a. goes first since he has the burden of proving that his arguments are correct
b. goes last since he has the burden of proving that his arguments are correct
c. can chose whether or not he wants to go first
d. is not allowed to go first because he might bias the jury
e. none of the other choices are correct
158. The length of witness examinations is controlled by:
a. the plaintiff
b. the plaintiff's lawyer
c. the defendant
d. the defendant's lawyer
e. the judge
159. The length of witness examinations is controlled by:
a. the witness
b. the plaintiff's lawyer
c. the jury
d. the defendant's lawyer
e. none of the other choices are correct
160. After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge
denies the motion. The next step in the trial is that the attorney:
a. for DeepBlue presents a closing argument
b. for DeepBlue presents her expert witnesses
c. for Paul's instructs the jury
d. for Paul's presents his case
e. for Paul's moves for a mistrial
161. Before the case goes to the jury, the attorneys of both parties present:
a. the voir dire
b. the summary discussion
c. closing (final) arguments
d. the rebuttal evidence
e. the hearsay evidence
162. Before the case goes to the jury, the attorneys of both parties present:
a. the voir dire
b. the summary discussion
c. the hearsay evidence
d. the rebuttal evidence
e. none of the other choices are correct
163. Before the case goes to the jury, each attorney presents
jury in a manner most favorable to their case.
a. a summary discussion
b. hearsay evidence
c. voir dire evidence
d. a closing statement
e. a closing argument
in which he or she summarizes the evidence for the
164. Before the case goes to the jury, each attorney presents
jury in a manner most favorable to their case.
a. a summary discussion
b. hearsay evidence
c. voir dire evidence
d. a jury instruction
e. none of the other choices are correct
in which he or she summarizes the evidence for the
165. When the judge instructs, or charges, the jury, she:
a. tells the jury how to vote
b. discusses which party has the burden of persuasion
c. allows the jury to select the applicable law
d. allows both sides to meet with the jury in private
e. none of the other choices are correct
166. At most trials, after the parties present their closing arguments, the:
a. jury answers questions from the judge to show competence
b. jury is required to determine only the facts
c. judge instructs the jury on the law; the jury applies the law to the facts it determines
d. judge may not instruct the jury on the law
e. none of the other choices are correct
167. In the the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the
parties has the burden of persuasion.
a. instructions or charges
b. challenges
c. restrictions
d. summaries
e. voir dire
168. To make sure that they remain together and that there is no misconduct, the jury is placed in the custody of the
while they deliberate.
a. judge
b. bailiff
c. official lay person
d. priest
e. secretary
169. In a civil trial the parties must prove their contentions:
a. beyond a reasonable doubt
b. with all due certainty
c. to the satisfaction of the plaintiff
d. by a preponderance of the evidence
e. unanimously
170. In a civil trial the parties must prove their contentions:
a. beyond a reasonable doubt
b. with "all due certainty"
c. to the satisfaction of the plaintiff
d. unanimously
e. none of the other choices
171. If the parties must prove their contentions to the jury by a preponderance of the evidence then the trial is a:
a. civil trial
b. criminal trial
c. murder trial
d. court trial
e. none of the other choices are correct
172. If a jury cannot reach a decision, the jury is said to be:
a. divided
b. deliberated
c. sequestered
d. hung
e. none of the other choices
173. If a jury cannot reach a decision, the jury is said to be:
a. divided
b. deliberated
c. sequestered
d. hung
e. redirected
174. If a jury cannot reach a decision, the jury is said to be:
a. divided
b. deliberated
c. sequestered
d. redirected
e. none of the other choices
175. If a jury cannot reach a verdict, the judge:
a. declares a mistrial
b. polls the jury and goes with the majority to determine the verdict
c. dismisses the jury and orders a verdict
d. determines a verdict on points of law and has the jury reach a verdict only on the facts
e. all of the other choices are available options
