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C Court Procedures Questions


1. In the U.S., we follow an adversarial system of justice where the role of judges is mostly passive. Which of the following is/are powers that a U.S. judge does have?


a. may ask questions of witnesses

b. may suggest types of evidence to be presented

c. may seek to elicit testimony

d. All of the above


2. Which of the following refers to a party representing herself in a legal proceeding, as opposed to being represented by an attorney?


a. certiorari

b. pro se

c. res Ipsa Loquitur

d. en Banc


3. Alex attorney charges his clients $65 per hour for work he does on their cases. Which of the following is the most likely description of Alex's experience and the type of cases he works on?


a. inexperienced; simple cases

b. inexperienced; difficult cases

c. experienced; simple cases

d. experienced; difficult cases


4. Nora Nimrod was cheated out of her life savings by Willie Walton, an extremely rich con artist. She brings her case to Ann Attorney. Ann believes that, if the case goes to trial, she will almost certainly win. Further, she believes that the trial will be short, and that the jury award is likely to be at least $1,000,000. Which of the following legal fee arrangements would be most advantageous to Ann in this case?


a. a fixed fee

b. hourly fees

c. a contingency fee

d. a fee simple


5. Sonny hired Attorney Adam, who works for $100 per hour. The two eventually agreed on a contingent fee arrangement. Sonny and Adam lost their case. Which of the following will Sonny have to pay Adam?


a. $2,000 for the 20 hours Adam put into the case

b. $400 for the amount Adam paid an expert witness

c. $75 for an initial office consultation

d. none of the above


6. Jerome is considering suing Billy for $10,000, and is certain he will win. Jerome is poor and, if he hires an attorney, will have to agree to a contingent fee arrangement. Billy wants to settle the case out of court. What is the lowest dollar amount at which Jerome will be almost sure to settle?


a. $2,000

b. $5,000

c. $8,000

d. $10,000


7. Which of the following is the first document filed to initiate a lawsuit?


a. a summons

b. an answer

c. a complaint

d. a pretrial motion


8. Andrew is served with a summons. He has been accused by his friend Jake of causing an auto accident. Jake seeks $5,000 damages. In his answer, Andrew alleges that the accident was actually Jake's fault, and states that he is seeking $10,000. This is an example of a(n)


a. affirmative defense

b. cross claim

c. counterclaim

d. admission


9. For which of the following reasons may a motion to dismiss be granted?


a. The defendant was not properly served with a summons.

b. The defendant needs more time to prepare a defense.

c. The court does not have jurisdiction over the defendant.

d. both A and C


10. Tom has brought a lawsuit against Stanley, and Stanley has asked the court for a summary judgment. This motion will be granted if it is clear that there are no ___________ disputes when the evidence is viewed in the light most favorable to _______________.


a. factual; Stanley

b. legal; Stanley

c. factual; Tom

d. legal; Tom


11. During which phase of the trial is the most evidence gathered?


a. pleading

b. discovery

c. trial

d. appeal


12. Thomas is suing Brady. He feels the key testimony at his upcoming trial will come from Walter Witness. He wants to obtain candid responses from Walter during the discovery phase of the trial, so that he will not face any surprises at trial. Which discovery tool is most advisable in this situation?


a. a deposition

b. an interrogatory

c. a request for admissions

d. a request for examination


13. In which of the following cases would a court be most likely to grant a request for examination?


a. a bankruptcy case

b. a medical malpractice case

c. an embezzlement case

d. a trespassing case


14. Which of the following accurately states what is legally relevant evidence?


a. evidence that benefits a party

b. evidence that is nonprejudicial

c. evidence that tends to prove or disprove a fact in question

d. evidence that is of likely relevance to jury deliberations


15. Adam Attorney is conducting voir dire examinations of potential jurors in his case against a garbage company. He does not like the looks of B.O. Smellydrawers, a potential juror who reeks. He feels B.O. will likely side with the garbage company. Can Adam exclude this stinky juror?


a. yes, with a peremptory challenge

b. yes, with a challenge for cause

c. no, because he has no valid reason for exclusion

d. none of the above


16. Jenny is a defendant in federal court. She does not like the judge, and wants a jury trial. At issue in the case is a $25 fine for violating a federal statute. Will Jenny be able to successfully demand a jury trial?


a. yes, because anyone may demand a jury trial at any time

b. yes, because any defendant may demand a jury trial at any time

c. yes, because the stakes in her case are sufficient to demand a jury trial

d. no


17. Which of the following would likely be inadmissible evidence?


a. evidence that a defendant signed a contract, when similar evidence has already been shown to the jury

b. a photo of a murder victim in which the victim's head has been severed and replaced with a rotten banana which is crawling with maggots

c. both A and B

d. none of the above


18. When may a defendant make a motion for a directed verdict?


a. before the trial begins

b. after the plaintiff's case

c. after the defendant's case

d. after the verdict


19. Walter Witness is on the stand at a murder trial. Which of the following statements will be hearsay if made by Walter?


a. "I think Bill is guilty!"

b. "I heard Bill say 'Let him have it.'"

c. "I saw Bill shoot the deceased."

d. "I saw Bill sever the deceased's head and replace it with a rotten banana, covered with maggots. My Lord, those maggots were huge."


20. Jenny Juror is participating is jury deliberations. Which of the following (if any) may she NOT ignore?


a. the plaintiff's testimony

b. the defendant's testimony

c. the jury instructions

d. none of the above


21. Judge Jenkins misstated the law at the trial of Dave Defendant in the jury instructions. Dave was convicted, and appealed. The appellate court agrees that Dave was prejudiced by the misstatement of the law. What will likely be the next step in this process?


a. Dave will be freed, and cannot be retried as this would constitute double jeopardy.

b. Dave will be retried by the appellate court.

c. Dave will be retried at a trial court.

d. Dave will be given a get-out-of-jail-free card.


22. Tina has just received a jury verdict against her. She is crushed, and wants to fight to clear her name. She doesn't have mush time however; she is dying of cancer and has six months to live. Which of the following is her best course of action?


a. request a judgment j.n.o.v.

b. make a motion for a new trial

c. appeal the decision to a higher court

d. make a motion for dismissal


23. Which of the following best characterized the chances of having the results of a trial overturned by an appellate court?


a. very likely

b. 50-50

c. unlikely

d. impossible


24. Which of the following are contained in the court record sent to an appellate court for review?


a. jury instructions

b. the verdict

c. the pleading

d. all of the above


25. An appellate court reviews a case and agrees with the appellant that a substantial error was made. They send the case back to the trial court for a new trial. Which of the following describes the actions of the appellate court?


a. They have modified the decision.

b. They have remanded the case.

c. They have reversed the case.

d. They have reversed the case in part.

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