When an appellate court decides to send a case back to the lower court for a decision on a particular issue, it is called:

a dismissal.

an appellate review.

a retrial.

a remand.

Assessment question

What is the term for an appellate courts decision to overturn the decision of the lower court and rule in favor of the person filing the appeal?

to vacate

to deny

to reverse

to remand

Assessment question

After a civil trial at which the losing party believes the jury verdict is contrary to the weight of evidence, the party may file which of the following motions? Choose 2 answers.

a motion for judgment as a matter of law (JMOL)

a motion to vacate, set aside, or correct a sentence

a motion for a judgement notwithstanding the verdict (JNOV)

a motion for a new trial

Assessment question

What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?

motion

pleading

claim

complaint

Assessment question

After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:

judgment on the pleadings.

summary judgment.

default judgment.

judgment as a matter of law.

Assessment question

What are the three steps of a civil trial? Choose 3 answers.

jury selection

closing arguments

opening arguments

presentation of testimony and evidence

Assessment question

What is the process of interviewing prospective jurors and either approving of or challenging a persons impartiality toward service on a particular jury?

corpus juris

voir dire

in personam

de jure

Assessment question

When a party wishes to excuse a potential juror without giving a reason, the party may exercise a:

peremptory challenge.

challenge for cause.

personal challenge.

challenge for fitness.

Assessment question

A party may challenge a potential juror for cause if the party believes the potential juror: (Choose 3 answers.)

is biased.

is a friend or relative of one of the parties.

is of a particular race.

has prior knowledge of the facts of the lawsuit.

Assessment question

When the attorney for a party cross-examines a witness at trial, the attorney may: (Choose 2 answers.)

ask the witness any question about the case.

treat the witness as a hostile witness.

ask only questions relating to the testimony already given by the witness.

ask questions about the witnesss character.