Business Law- MindTap Ch 3

Pretrial Conference

A pretrial hearing after discovery. The goal is settlement.

What system of justice do American and English courts follow?

Adversarial system of justice

Your attorney prepares a _____ to present to the appellate court when you decide to appeal the trial court's decision.

Brief

Which one of the following is NOT involved in the two basic pleadings of a lawsuit?

Default judgement

Li claims to be injured due to the accident. Anderson's attorney calls Li's doctor to the witness stand. ______ is taking place

Direct examination

Jury Selection

During a process or voir dire, prospective jurors can be challenged

T/F: As part of Anderson's affirmative defense, he can argue that Li is lying about the auto accident.

False

T/F: On appeal, most courts reverse the trial court's decision.

False

T/F: Once the pleadings are closed, no more motions can be filed.

False

T/F: The juries for appellate courts are very small.

False

T/F: When the opposing attorney asks questions of a witness, she is engaging in reexamination.

False

T/F: In preparation for the trial between Anderson and Li subsequent to the auto accident, Li's attorney places Anderson under oath and asks Anderson questions that are recorded by a court reporter. This is known as an interrogatory.

False. a deposition is given orally by a party to a lawsuit or a witness before a trial

Preponderance of evidence

Most civil cases including automobile accidents

Beyond a reasonable doubt

Most criminal trials

Typically the three phases of litigation are

Pretrial, trial, and post trial

Filing the appeal

The appealing party files a notice of appeal with the clerk of the trial court

T/F: When a jury reaches its decision, it typically issues a verdict in favor of one party.

True

Anderson loses the trial. Anderson's attorney can make a motion for...

a judgement not withstanding the verdict

If you were an attorney making your opening statement, what might your statement include: a. A brief version of the facts and the supporting evidence. b. A statement about the personal character of your client. c. An introduction to yourself and your family and the evidence you will present.

a. A brief version of the facts and the supporting evidence.

An order directing a sheriff to seize and sell the defendant's nonexempt assets is called a: a. writ of execution b. writ for claim damages c. writ of seizure

a. writ of execution

The trial is almost over. What do the opposing attorneys NOT do? a. Urge a verdict in favor of their clients b. Present closing arguments c. Introduce new evidence

c. Introduce new evidence

Which of the following is NOT part of the discovery process: a. Examining documents. b. Examining records. c. Requesting another trial. d. Questioning witnesses. e. Examining electronic evidence.

c. Requesting another trial.

Under what circumstances will a judge grant a motion for a new trial? a. When the jury did not ask enough questions during the trial. b. When the attorneys did not ask enough questions of witnesses. c. When the jury clearly misapplied the law or misunderstood the evidence.

c. When the jury clearly misapplied the law or misunderstood the evidence.

At the conclusion of the plaintiff's case, the defendant's attorney may ask for a...

motion for a judgment as a matter of law

The two most common motions are

motion for summary judgement and motion to dismiss

After the defendant's attorney is finished introducing evidence, the plaintiff's attorney can present a...

rebuttal

Then the defendant's attorney can refute that evidence in a...

rejoinder

_________ consist of a series of court rules guaranteeing presentation of reliable evidence during trial.

rules of evidence

Appellate Review

the appellate court does NOT hear the evidence. The appellate court may affirm or reverse the trial court's judgment or remand the case for further proceedings