1. A jury cannot be sequestered in important cases. True False 10 points QUESTIO
ID: 443462 • Letter: 1
Question
1. A jury cannot be sequestered in important cases.
True
False
10 points
QUESTION 2
Which of the following statements is true about pretrial motions?
In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings.
In deciding the motion for summary judgment, the case cannot be decided before trial by a judge.
If a judge finds that a factual dispute exists, the motion for summary judgment will be approved.
If a judge finds that a factual dispute exists, the case will not go to trial.
10 points
QUESTION 3
Once a complaint has been filed with the court, the court will issue a ________, directing the defendant to appear in court.
answer
rejoinder
summons
judicial restraint
10 points
QUESTION 4
________ refer to written questions submitted by one party to a lawsuit to another party.
Depositions
Rejoinders
Interrogatories
Summons
10 points
QUESTION 5
An appellate court will reverse a lower court decision if it finds an error of law in the record.
True
False
10 points
QUESTION 6
A ________ must be filed within a prescribed time, usually within 60 or 90 days, after judgment is entered.
declaratory verdict
summary judgment
notice of appeal
stay of execution
10 points
QUESTION 7
Which of the following statements is true of the plaintiff's case?
The plaintiff's attorney examines the witnesses during cross-examination.
After the defendant's attorney examines the witnesses the plaintiff can conduct the re-direct examination.
During cross-examination, the defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
Documents and other evidence have to be introduced before the first witness is subject to direct examination.
10 points
QUESTION 8
The trial court usually issues a ________ that sets forth the reasons for a judgment.
remittitur
written memorandum
delegation doctrine
rebuttal
10 points
QUESTION 9
Where an enabling statute does not provide for judicial review of administrative agency actions, the Administrative Procedure Act authorizes judicial review of federal administrative agency actions.
True
False
10 points
QUESTION 10
Appellate courts usually permit a brief oral argument at which each party's attorney is heard.
True
False
In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings.
In deciding the motion for summary judgment, the case cannot be decided before trial by a judge.
If a judge finds that a factual dispute exists, the motion for summary judgment will be approved.
If a judge finds that a factual dispute exists, the case will not go to trial.
Explanation / Answer
1. The answer is false. A jury can be sequestered in fisrt degree murder cases involving capital punishments. In other cases, jury can be sequestered as decided by the court.
2. The answer is statement 1 - In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings.
Pre trial motions are arguements that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that the case should be dismissed altogether.
3. The answer is summons. It is a legal document issued by the court which orders the parties to appear in court.
4. The answer is rejoinder. It is a defendant's answer to the plaintiff's reply or replication.
5. The answer is true. The appellate court can nullify the whole or part of the judgement of the lower court in case of any errors or defects.
6. The answer is notice of appeal. A notice of appeal is the paper you file in the superior court where your case was decided to let the court and the other side know that you are appealing the court's decision.
7.
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