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64. If a witness, such as a company president, refuses to give a deposition that the court thinks is proper, then judgment
may be entered against the company.
a. True
b. False
65. One reason companies often settle suits out of court is to protect executives from taking time to give depositions on
behalf of the company.
a. True
b. False
66. In the British legal system, there are two kinds of practicing lawyers, barristers and solicitors.
a. True
b. False
67. In the British legal system, most courtroom litigation is handled by lawyers called solicitors.
a. True
b. False
68. In the British Legal System judges tend to play a much more passive role; one reason for wearing a wig is to help
make them seem even more remote to a jury and not influence proceedings.
a. True
b. False
69. At the end of the discovery process, either party may move for summary judgment in their favor in an effort to end
the case at that point.
a. True
b. False
70. A motion for summary judgment is granted most often when the facts of the case are in dispute.
a. True
b. False
71. A motion for summary judgment is granted most often when the facts of the case are such that one party cannot
prevail.
a. True
b. False
72. The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried.
a. True
b. False
73. Judges often use the pretrial conference as a forum for encouraging settlements.
a. True
b. False
74. Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.
a. True
b. False
75. A judge has the power to order a party to attend a pre-trial settlement conference, even if the party refuses to
settle the case before trial.
a. True
b. False
76. A judge has the power to declare judgment in a case against a party that refuses to settle a case before trial.
a. True
b. False
77. Juries must always be used in federal courts in civil trials involving more than $20.
a. True
b. False
78. The U.S. Constitution guarantees a right to a jury trial in any state court in the U.S.
a. True
b. False
79. The Constitution guarantees a right to a jury trial in criminal cases.
a. True
b. False
80. The Constitution requires the use of juries in all criminal cases.
a. True
b. False
81. The Constitution guarantees the right to use a jury in all civil penalty cases.
a. True
b. False
82. The importance of selecting a jury was the driving force behind the creation of a trial lawyer's association.
a. True
b. False
83. The screening process used in selecting the jury members from the jury pool is called voir dire.
a. True
b. False
84. The screening process used in selecting the jury members from the jury pool is called res judicata.
a. True
b. False
85. The Constitution requires that all juries be composed of twelve persons.
a. True
b. False
86. Attorneys generally have the right to challenge the suitability of certain persons to sit on a jury.
a. True
b. False
87. The defendant always goes first in presenting a case in court because the plaintiff brought the suit.
a. True
b. False
88. Attorneys may engage in direct examination of their own witnesses and cross examination of the witnesses of their
opponent.
a. True
b. False
89. The rules of civil procedure require judges to allow attorneys to engage in as much direct examination of witnesses,
and cross examination of the witnesses, as they believe necessary to establish their case.
a. True
b. False
90. The final closing argument is always presented by the defendant.
a. True
b. False
91. The judge instructs the jury on the applicable law and how the jury is to review the facts in dispute.
a. True
b. False
92. After both parties have rested, the defendant, but not the plaintiff, may move for (request of the judge) a directed
verdict.
a. True
b. False
93. In a civil trial the party that proves its contentions by a preponderance of the evidence will win.
a. True
b. False
94. To ensure fairness in trials, most courts freely allow new trials.
a. True
b. False
95. If a jury cannot reach a verdict, the jury is said to be hung.
a. True
b. False
96. Before a jury has retired to consider its verdict, either party may ask the court to grant a directed verdict based on
the evidence.
a. True
b. False
97. A directed verdict and a judgment as a matter of law are the same thing; a verdict for a party before the case goes
to the jury for a verdict.
a. True
b. False
98. After a jury has presented its verdict, the losing party can ask the court to throw out that verdict by moving for a
judgment notwithstanding the verdict.
a. True
b. False
99. Plaintiffs can choose between suing for monetary damages or equitable remedies in each case.
a. True
b. False
100. Compensatory damages are decided by a jury on the basis of an "equitable judgment" for the plaintiff.
a. True
b. False
101. Compensatory damages are intended to give injured parties to restore them to the economic position they were in
before they suffered an injury.
a. True
b. False
102. Compensatory damages are said, by the Supreme Court, to be given only for "direct physical injury." That cannot
include "mental injury."
a. True
b. False
103. In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut
Supreme Court held that the lower court had granted compensatory damages that were too large, so they must be
reduced to cover "actual damages."
a. True
b. False
104. In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut
Supreme Court held that the home owners should receive compensatory damages that were consistent with the
economic loss suffered.
a. True
b. False
105. Punitive damages are awarded only in criminal cases in order to punish wrongdoer.
a. True
b. False
106. Punitive damages may not exceed the compensatory damages awarded in a given case.
a. True
b. False
107. A plaintiff may win a lawsuit and only be awarded one dollar; that is, given nominal damages.
a. True
b. False
108. Equitable remedies may be provided where monetary damages will not provide adequate relief.
a. True
b. False
109. In equity, courts may order specific performance as a remedy.
a. True
b. False
110. An injunction is a court order directing a person to do what they promised to do.
a. True
b. False
111. A temporary restraining order (TRO) is usually granted to preserve things as they are so the court has time to hold
a hearing on the matter in dispute.
a. True
b. False
112. A temporary restraining order (TRO) is usually granted by a court of appeal as part of an order to a trial court to
make a final determination about a permanent order.
a. True
b. False
113. A preliminary injunction is also known as an interlocutory injunction.
a. True
b. False
114. A preliminary injunction is issued by a court before information is gathered about a matter in dispute; the purpose it
to hold things steady until a hearing can occur.
a. True
b. False
115. A preliminary injunction is issued by a court if it finds that the plaintiff will likely prevail on the merits of a dispute
and will suffer an irreparable injury in the absence of a court order.
a. True
b. False
