Trial Practice
Study Guide Questions
Course Introduction
Trial Practice is a course designed to immerse students in the fundamental techniques and strategies required to effectively participate in courtroom litigation. Through a combination of simulations, mock trials, and interactive exercises, students gain hands-on experience in pretrial procedures, jury selection, opening statements, direct and cross-examination, evidentiary objections, and closing arguments. The course emphasizes practical skills development and ethical considerations, enabling students to translate theoretical legal knowledge into persuasive advocacy in a trial setting.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
Available Study Resources on Quizplus
16 Chapters
555 Verified Questions
555 Flashcards
Source URL: https://quizplus.com/study-set/2430 Page 2
Chapter 1: Litigation and the Paralegal
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48272
Sample Questions
Q1) Laws containing the methods used to enforce our rights or to obtain redress for the violation of our rights are known as ________ laws.
A) substantive
B) procedural
C) civil
D) criminal
Answer: B
Q2) The most common method of resolving civil disputes is settlement.
A)True
B)False
Answer: True
Q3) Which of the following cannot be done by a paralegal?
A) Interviewing clients
B) Researching law
C) Drafting pleadings
D) Asking questions at a deposition
Answer: D
Q4) A defendant often challenges the factual allegations of a complaint with a(n) ________.
Answer: answer
Page 3
To view all questions and flashcards with answers, click on the resource link above.
Chapter 2: The Courts and Jurisdiction
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48273
Sample Questions
Q1) Litigation usually begins in a trial court.
A)True
B)False
Answer: True
Q2) In order to invoke quasi in rem jurisdiction, the defendant's property must be brought before the court in a(n) ________ proceeding.
Answer: attachment
Q3) Pleadings are filed in a trial court.
A)True
B)False
Answer: True
Q4) In rem jurisdiction is based on the fact that ________ located within a state is the subject of the lawsuit.
Answer: property
Q5) Trial courts within state court systems are all referred to as district courts.
A)True
B)False Answer: False
To view all questions and flashcards with answers, click on the resource link above. Page 4
Chapter 3: Preliminary Considerations and Procedures
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48274
Sample Questions
Q1) Assume that Fenton once worked for the law firm of Ogawa and Robles, although he never worked on any cases involving DiSalvo. This would create a conflict of interest, and Fenton should not be allowed to work on the Kramer case.
A)True
B)False
Answer: False
Q2) A contingent fee arrangement means that the attorney ________.
A) bills for each hour spent on the case
B) has accepted a fixed sum to handle the case
C) will take a percentage of the recovery as the fee
D) will recover the fee from the defendant
Answer: C
Q3) Paralegals who discuss cases with others risk violating the ethical rule dealing with
Answer: confidentiality
Q4) Cloud computing creates ethical questions related to client confidentiality.
A)True
B)False Answer: True
To view all questions and flashcards with answers, click on the resource link above. Page 5
Chapter 4: Investigation and Evidence
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48275
Sample Questions
Q1) The best expert for a case is one who has testified often in court.
A)True
B)False
Q2) An interview between a paralegal and a witness in a case should always be tape-recorded, whether the witness agrees to be recorded or not.
A)True
B)False
Q3) As soon as an attorney learns that his or her client might be sued, the attorney should advise the client to preserve all documents related to the suit. This is known as a(n) ________.
Q4) Before an expert is allowed to testify in a court proceeding, he or she must be ________ by the court to do so.
Q5) In a personal injury case, a client might be asked to keep a(n) ________, a document in which the client keeps track of medical treatment, daily health complaints, amounts of medication, and related medical information.
Q6) ________ evidence is evidence that is not based on personal observation but that does lead a judge or jury to infer a particular conclusion about a disputed fact.
To view all questions and flashcards with answers, click on the resource link above.
Page 6
Chapter 5: The Complaint
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48276
Sample Questions
Q1) Piazza's medical bills are an item of special damages.
A)True
B)False
Q2) If Exquisite Homes is sued, it should be identified in the complaint as "DGA, Inc., a corporation doing business as Exquisite Homes."
A)True
B)False
Q3) A plaintiff is usually allowed to amend a complaint ________.
A) at any time by simply filing an amended complaint
B) only as long as the defendant has not filed an answer
C) only if the plaintiff has obtained a prior court order
D) if all other parties have stipulated in writing that the complaint can be amended
Q4) When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
A)True
B)False
Q5) The attorney's signature at the end of a complaint is called a(n) ________.
Q6) The real parties in interest for a partnership are ________.
To view all questions and flashcards with answers, click on the resource link above. Page 7
Chapter 6: Responses to the Complaint
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48277
Sample Questions
Q1) If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.
Q2) A type of answer that challenges all of the allegations in a complaint is a ________ denial.
A) specific B) general C) qualified D) All of these choices.
Q3) A type of answer, often containing only one paragraph, in which the defendant denies all of the allegations of the complaint is a(n) ________.
Q4) In a federal court action, a general denial challenges the subject matter jurisdiction of the court.
A)True
B)False
Q5) In federal court, a stipulation enlarging time in which to respond to a complaint must be approved by the court.
A)True B)False
Q6) Counterclaims that must be asserted or lost are known as ________.
Page 8
To view all questions and flashcards with answers, click on the resource link above.
Chapter 7: Motion Practice
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48278
Sample Questions
Q1) Papers filed in court in support of a motion are ________.
A) not technically considered pleadings but resemble pleadings in general format
B) pleadings and must follow all requirements for pleadings
C) served in the same manner as a complaint
D) not considered pleadings and do not resemble pleadings in general format
Q2) An affidavit in support of a motion is always made by the moving party or the attorney for the moving party.
A)True
B)False
Q3) Service of moving papers in support of a motion is evidenced by a certificate of mailing.
A)True
B)False
Q4) Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.
Q5) Under the Federal Rules of Civil Procedure, a moving party is required to give 10 days' notice of the hearing on a motion.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 9
Chapter 8: Overview of the Discovery Process
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48279
Sample Questions
Q1) Depositions are ________.
A) written questions to a party that require written answers under oath
B) the oral or written testimony of a party or witness given under oath outside a courtroom
C) the admission of truth concerning certain facts or the genuineness of a document
D) a request for the inspection or duplication of documents or other materials that are relevant to the subject matter of the litigation
Q2) An unethical discovery tactic is ________.
A) destruction of a damaging document by an attorney
B) falsifying evidence or helping someone else falsify evidence
C) making a discovery request that is unwarranted or requesting much more information than is really necessary for the case
D) All of these choices.
Q3) Discovery is the legal process by which the parties to a lawsuit search for relevant facts.
A)True
B)False
Q4) The attorney-client privilege is a privilege that belongs to the ________.
To view all questions and flashcards with answers, click on the resource link above.
Chapter 9: Depositions
Available Study Resources on Quizplus for this Chatper
33 Verified Questions
33 Flashcards
Source URL: https://quizplus.com/quiz/48280
Sample Questions
Q1) Three types of deposition summaries are the page-line, topical, and chronological.
A)True
B)False
Q2) Mitchell cannot be required to travel more than 30 miles for the deposition.
A)True
B)False
Q3) Mitchell is the deponent.
A)True
B)False
Q4) An individual who places the person giving a deposition under oath is known as a(n)
Q5) The written copy of a deposition is known as a(n) ________.
Q6) The legal means for securing the presence of a witness for a deposition is a(n)
Q7) The Federal Rules require that formal notice of a deposition be given to the deponent and to each party.
A)True
B)False
Q8) A person who gives a deposition is known as a(n) ________.
To view all questions and flashcards with answers, click on the resource link above. Page 11
Chapter 10: Interrogatories
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48281
Sample Questions
Q1) All the interrogatories sent to a party at one time constitute a set.
A)True
B)False
Q2) The party attempting to obtain a response from another party who has failed to respond to interrogatories may use ________.
A) a motion to compel
B) sanctions
C) a demand for response
D) Both a and b.
Q3) Interrogatories may be used to ________.
A) determine the party's contentions
B) locate relevant documents
C) disclose the identities of both the lay and expert witnesses that an attorney intends to call at trial
D) All of these choices.
Q4) The definition section of a set of interrogatories can ________.
A) establish the meanings of often-used words
B) help conserve space
C) help shorten questions
D) All of these choices.
Page 12
To view all questions and flashcards with answers, click on the resource link above.
Chapter 11: Physical and Mental Examinations
Available Study Resources on Quizplus for this Chatper
34 Verified Questions
34 Flashcards
Source URL: https://quizplus.com/quiz/48282
Sample Questions
Q1) A physical or mental examination is the examination of a party in a lawsuit to determine factual information about the physical or mental condition of that party.
A)True
B)False
Q2) One reason the law allows physical and mental examinations is to establish the truth about the plaintiff's allegations of physical or mental injuries.
A)True B)False
Q3) A request for a mental examination would be granted if neither mental nor emotional injuries have been alleged.
A)True
B)False
Q4) Physical and mental examinations invade the privacy of the person submitting to the examination.
A)True B)False
Q5) A major criterion in choosing an examining physician is the ________ of the party to be examined.
To view all questions and flashcards with answers, click on the resource link above. Page 13
Chapter 12: Request for Documents
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48283
Sample Questions
Q1) The documents that need not be produced, despite a request for documents, are known as ________ documents.
Q2) Documents may not be produced in lieu of answering a particular interrogatory.
A)True
B)False
Q3) In a document request, which of the following forms of ESI are not discoverable?
A) Data stored on laptops
B) Data stored on desktop PCs
C) Data stored on portable hard drives
D) None of these choices.
Q4) The work product privilege is an absolute privilege and precludes production of documents in that category.
A)True
B)False
Q5) The process of deleting irrelevant or privileged information on a document before copying it for production is known as ________.
Q6) A nonparty may be required to produce documents at his or her deposition.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 14
Chapter 13: Request for Admission
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48284
Sample Questions
Q1) The main goal of the request for admission is to simplify a lawsuit by reducing the number and nature of the points in controversy.
A)True
B)False
Q2) Requests for admission cannot be served until the parties have conferred as mandated by Rule ________ of the Federal Rules of Civil Procedure.
A) 12
B) 26
C) 36
D) None of these choices.
Q3) The request for admission is limited to facts and opinions.
A)True
B)False
Q4) Lucky Computer Supply Co. may be required to answer a request for admission by Holloway.
A)True
B)False
Q5) All confidential communications between a medical practitioner and his or her patient are protected by ________.
To view all questions and flashcards with answers, click on the resource link above. Page 15
Chapter 14: Settlements, Dismissals, and Alternative Dispute Resolution
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48285
Sample Questions
Q1) Alternative dispute resolution is becoming a popular substitute for the litigation process.
A)True
B)False
Q2) Generally, an offer to settle originates with the ________.
Q3) In deciding whether to settle, the parties should consider the lengthy time required to bring a case to trial in Houston.
A)True
B)False
Q4) To prevent the Martins from bringing another lawsuit, a stipulated dismissal with prejudice should be prepared.
A)True
B)False
Q5) Drafting settlement summaries and settlement letters is an important part of the settlement process.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 16
Q6) Retired trial and appellate court judges who are hired by parties to preside over trials are called ________ judges.
Chapter 15: Trial Techniques
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48286
Sample Questions
Q1) In a trial by a judge, the judge acts as both the finder of ________ and the determiner of law.
Q2) Rodger should schedule a meeting with the court clerk and the court reporter before trial.
A)True
B)False
Q3) The only task relating to witnesses listed below that the paralegal may not perform is ________.
A) examining or cross-examining the witness during trial
B) subpoenaing a witness for trial
C) communicating with the witness
D) All of these choices.
Q4) The paralegal's responsibilities at trial may include ________.
A) locating and having witnesses present in the courtroom
B) keeping track of exhibits
C) taking notes during the trial
D) All of these choices.
Q5) A trial subpoena must be ________ served on a witness.
Q6) The jury ________ gives a narrative description of the characteristics of the ideal jury for a particular case.
Page 17
To view all questions and flashcards with answers, click on the resource link above.
Chapter 16: Posttrial Practice
Available Study Resources on Quizplus for this Chatper
35 Verified Questions
35 Flashcards
Source URL: https://quizplus.com/quiz/48287
Sample Questions
Q1) A notice of appeal must be filed within 60 days if the U.S. government or one of its agencies or officers is a party to the case.
A)True
B)False
Q2) The court may grant a new trial because ________.
A) the verdict was contrary to the law
B) of an excessive or insufficient damage award
C) of jury misconduct
D) All of these choices.
Q3) The two briefs filed by an appellant in an appeal are the appellant's brief and the ________ brief.
Q4) An appellate court has the authority to consider questions relating to the facts of a case.
A)True
B)False
Q5) An appeal automatically stays or halts the judgment or the execution of the judgment in the lower court.
A)True
B)False
To view all questions and flashcards with answers, click on the resource link above. Page 18