Indicate the answer choice that best completes the statement or answers the question.

1. Pretrial negotiations between parties and their attorneys a. rarely lead to an out-of-court settlement. b. often lead to an out-of-court settlement. c. are illegal.

d. are usually hostile.

2. Which of the following is another term for a motion for a directed verdict? a. A motion for judgment as a matter of law b. A motion for decision as a matter of law c. A motion for final determination as a matter of law

d. A motion forstare decisis

3. A motion for judgment notwithstanding the verdict can also be called which of the following? a. A motion for judgment as a matter of law b. A motion for additional judgment c. A motion for judgment as a matter of fairness

d. A motion for judgment as a reconsideration

4. Prospective juror selection is often made from a list of a. registered voters. b. volunteers. c. high school graduates.

d. government employees.

5. A writ that puts in force a court's decree or judgment and is often used to take and sell a defendant's assets to pay a judgment is called a(n) a. court order. b. verdict.

c. writ of execution. d. affirming judgment.

6. Friendly witnesses should a. not be informed that they will be receiving a subpoena. b. be informed that all witnesses receive subpoenas, and be told when to expect the subpoena. c. not be served with a subpoena. d. be served only with an unofficial subpoena.

7. A trial notebook is likely to include which of the following? a. Deposition transcripts and summaries b. All witnesses' Social Security numbers c. All witnesses' addresses

d. None of these choices are correct.

Copyright Cengage Learning. Powered by Cognero.Page 1

Name: Class: Date:

8. One week before the trial starts, a paralegal should do all of the following,except a. call the court clerk to confirm the trial date. b. begin preparing the trial notebook. c. make sure that all of the subpoenas have been served.

d. make final arrangements to have all equipment, documents, and other items in the courtroom on the trial date.

9. Witnesses requiring additional time to prepare include which of the following? a. A relatively inexperienced witness b. A witness who is not very articulate c. A witness who is very nervous about testifying

d. All of these choices are correct.

10. Which of the following sources might be useful in researching a defendant's assets? a. Facebook

b. Twitter c. The Yellow Pages d. Facebook and Twitter

11. A(n) ____ question is a question that suggests a desired answer and that usually may be asked only of hostile witnesses during direct examination. a. open-ended b. hypothetical

c. leading d. closed-ended

12. Attorney Morris meets with friendly witness David prior to trial. Attorney Morris will a. discuss the types of questions he intends to ask David in court. b. tell David how to answer the opposing counsel's questions during cross-examination. c. recommend that David answer the opposing counsel's questions in as detailed a manner as possible. d. All of these choices are correct.

13. During direct examination, leading questions may a. never be used. b. be used only with hostile witnesses. c. be used only with witnesses with limited English skills. d. be used with any witness.

14. Post trial motions include which of the following? a. A motion for judgment notwithstanding the verdict b. A motion for a new trial c. A motion for a directed verdict d. All of these choices are correct e. A motion for judgment notwithstanding the verdict and a motion for a new trial

Copyright Cengage Learning. Powered by Cognero.

Page 2

Name: Class: Date:

Chapter 12 Test

15. An attorney's objection duringvoir direto the inclusion of a particular person on the jury is called a(n) a. objection.

b. charge. c. challenge. d. None of these choices is correct.

16. Which of the following is something a lawyer maynottell a witness before a trial? a. What to say in response to a question b.T hattheopposingcounselmayaskconfusingquestions c.T hattheopposingcounselmayaskleadingquestions

d. A ll of these choices are correct.

17. How can presentation technology assist with the trial of a case?

Video clips and slides can be incorporated into exhibits.

Video presentations can bias the jury in favor of your client's side of the case.

Attorneys and paralegals do not have to carry as much paper into the court.

Video clips and slides can be incorporated into exhibits, and attorneys and paralegals do not have to carry as much paper into the court.

None of these choices is correct.

18. Exempt property

a. b. c.

d.

19. In a. b. c. d. e.

may sometimes be seized and sold to pay debts to judgment creditors. may not be seized and sold to pay debts owed to judgment creditors.

may be seized and sold to pay debts owed to judgment creditors only after all nonexempt property has been sold.

is property that is exempt from federal taxation.

his closing argument, an attorney summarizes his presentations and argues in his client's favor. attempts to discredit the opposing side's key witness. chooses only one point from his case to focus on. suggests an appropriate remedy for his client. All of these choices are correct.

20. A pretrial conference is a meeting a. that is held to clarify the issues in the lawsuit. b. between attorneys to a lawsuit and a judge to schedule forth coming trial. c. to establish ground rules for the trial. d. All of these choices are correct.

Copyright Cengage Learning. Powered by Cognero.

Page 3

Name: Class: Date:

Chapter 12 Test

21. Dan is an eyewitness to a traffic accident involving your client. You need Dan to testify in the trial when your client sues the driver of the car that caused the accident. When Dan gets his subpoena it will have a(n) ____ form attached to it. a. receipt-of-service

b. return-of-service c. acknowledgement-of-service d. confirmation-of-service

22. An attorney's primary goal during cross-examination is to a. reduce the witness's credibility. b. reassure the witness. c. uncover new facts about the case.

d. enhance the witness's credibility.

23. Which of the following is an important characteristic of a successful litigation paralegal? a. Being highly motivated b. Paying attention to detail c. Possessing strong written and oral skills

d. Being competent with technology e. All of these choices are correct. f. None of these choices is correct.

24. Before a trial begins, the attorneys usually meet with the trial judge to explore the possibility of resolving the case and, if a settlement is not possible, to determine how the trial will be conducted. This meeting is called a(n) a. pretrial conference. b. initial meeting.

c. arbitration conference. d. peremptory conference.

25. If an appellate court decides to send a case back to the trial court for further proceedings, it has ____ the case. a. reversed

b. affirmed c. remanded d. overruled

26. Which of the following isnota true statement regarding alternate jurors? a. They are allowed to be present for the testimony during a trial. b. They can replace an excused juror without interrupting the proceedings. c. They attend or participate in jury deliberations at the close of the evidence. d. All of these choices are correct.

Copyright Cengage Learning. Powered by Cognero.

Page 4

Name: Class: Date:

Chapter 12 Test

27. The party who takes an appeal from one court to another and is sometimes referred to as the petitioner is called a(n) a. plaintiff.

b. appellee. c. appellant. d. defendant.

28. Which of the following is a motion asserting that the trial was so fundamentally flawed because of error, newly discovered evidence, prejudice, or other reason, that a new trial is needed to prevent a miscarriage of justice? a. Motion for a directed verdict b. Motion for a new trial

c. Motion for judgment notwithstanding the verdict d. Motionin limine

29. When preparing for a civil trial, subpoenas should be served on which of the following? a. Friendly witnesses b. Hostile witnesses c. Eyewitnesses

d. All of these choices are correct.

30. A trial notebook is likely to include which of the following? a. Relevant cases or statutes that may be cited in the trial b. A list of exhibits and a case outline c. A witness list in the order in which the witnesses will testify d. All of these choices are correct.

31. When preparing for a civil trial, subpoenas shouldnotbe served on which of the following? a. Friendly witnesses b. Hostile witnesses c. Eyewitnesses

d. None of these choices is correct.

32. A trial notebook contains all of the followingexcept a. copies of pleadings. b. interrogatories and deposition transcripts. c. relevant case and statutory law.

d. client billing statements.

33. A(n) ____ is an attorney's statement to the jury at the beginning of a trial in which the attorney briefly outlines the evidence that will be offered and the legal theory that the attorney will attempt to prove. a. voir dire b. challenge

c. charge d. opening statement

Copyright Cengage Learning. Powered by Cognero.

Page 5

Name: Class: Date:

Chapter 12 Test

34. Duringvoir dire, an attorney can exercise ______ challenges for cause. a. an unlimited number of b. five c. ten

d. twenty

35. Which of the following statements is true regarding alternative dispute resolution? a. If parties fail to settle their dispute through alternative dispute resolution, the case will go to trial. b. Alternative dispute resolution is not always optional. c. Alternative dispute resolution can be a cost-saving method. d. All of these choices are correct.

36.

____ is the examination of a witness by the attorney who calls the witness to the stand to testify on behalf of the attorney's client. a. Voir dire b. Direct examination

c. Cross-examination d. Redirect examination

37. The party against whom an appeal is taken and who is sometimes referred to as the respondent is called a(n) a. plaintiff.

b. appellee. c. appellant. d. defendant.

38. Trial lawyers often gauge whether a juror will be sympathetic to their clients based on which of the following? a. Gut reactions b. Scientific personality studies c. Stereotypes about marital status

d. Stereotypes about race e. Gut reactions, stereotypes about marital status, and stereotypes about race

39. Juries for cases involving civil matters a. must consist of twelve jurors. b. may consist of as few as six jurors. c. must have an equal number of male and female jurors. d. may consist of as few as six jurors and must have an equal number of male and female jurors.

40. Which of the following would lead to a motion for a new trial having a reasonable chance of being granted? a. Jury misconduct b. Prejudicial jury instructions c. Excessive damages

d. All of these choices are correct.

Copyright Cengage Learning. Powered by Cognero.

Page 6

Name: Class: Date:

Chapter 12 Test

41. The charge is which of the following? a. The jury's final decision b. The judge's summation of the case and instructions to the jury c. The conclusion of the plaintiff's attorney's closing argument d. The plaintiff's attorney's opening statement

42. Paralegals a. play no role in the actual court proceedings. b. are never present in court while a trial is taking place. c. play a significant role during a trial. d. are not permitted to operate electronic media that are being presented to the jury.

43. A formal decision made by a jury is called a(n) a. affirmation.

b. charge. c. judgment. d. verdict.

44. The questioning of an opposing witness during a trial is called which of the following? a. Direct examination b. Redirect examination c. Recross-examination

d. Cross-examination

45. Attorney Morris meets with friendly witness David prior to trial. Attorney Morris willnot a. discuss the types of questions he intends to ask David in court. b. tell David how to answer the opposing counsel's questions during cross-examination. c. recommend that David answer the opposing counsel's questions in as few words as possible. d. All of these choices are correct.

46. If an appellate court decides to uphold the trial court's judgment in a case, the appellate court has ____ the trial court's judgment. a. reversed b. affirmed

c. remanded d. overruled

47. In many states, civil matters can be heard by a jury of as few as ____ persons. a. four

b. six c. eight d. ten

Copyright Cengage Learning. Powered by Cognero.

Page 7

Name: Class: Date:

48. Which of the following is a motion requesting that the court grant judgment in favor of the moving party on the ground that the jury verdict against the moving party was unreasonable or erroneous? a. Motion for a directed verdict b. Motion for a new trial

c. Motionin limine d. Motion for judgment notwithstanding the verdict

49. Redirect examination occurs a. just after the opening statements. b. after the opposing attorney finishes with his or cross-examination of the witness. c. before cross-examination of the witness. d. after the jury has retreated for deliberation.

50. The number of peremptory challenges an attorney may exercise is a. unlimited.

b. limited by the federal government. c. limited by the time allowed for jury selection. d. limited by the court.