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Quizizz - First Half - Final Exam - Legal Proceedings - 2025

Total questions: 82

Worksheet time: 41mins

Name
Class
Date
1.
To be hearsay, a statement MUST be:
a)
Made out of court
b)
Offered for the truth of the matter asserted
c)
Made by someone other than the person on the witness
d)
A business record
e)
Not offered for the truth of the matter asserted
2.
On direct-examination, an email written by the witness is most likely to be admissable under the _____ exception
a)
Prior inconsistent statement
b)
Admission by a party opponent
c)
Business records
d)
None of these - there is no exception
3.
On direct exam, if the witness repeats on the stand something that they said before trial, it is likely to be admissable under the ___ exception.
a)
Prior inconsistent statement
b)
Admission by a party opponent
c)
Business records
d)
None of these - there is no exception
e)
This is not hearsay, because the witness is the one who made the out of court statement
4.
Which of these does the 7th Amendment guaranty:
a)
A right to jury trial in criminal cases
b)
A right to have an attorney appointed if you can't afford to pay for one yourself
c)
A right to jury trial in civil cases
d)
A right to practice your religious beliefs
5.
Which of these is where the state charges someone with committing a crime:
a)
Criminal cases
b)
Civil Cases
c)
Jury
d)
Judge
e)
Lawyers
6.
Which of these is where the plaintiff sues the defendant to recover money damages:
a)
Criminal cases
b)
Civil Cases
c)
Jury
d)
Judge
e)
Lawyers
7.
In both criminal and civil jury trials, the _____ decides fact questions.
a)
Criminal cases
b)
Civil Cases
c)
Jury
d)
Judge
e)
Lawyers
8.
In both criminal and civil jury trials, the _____ decides legal questions.
a)
Criminal cases
b)
Civil Cases
c)
Jury
d)
Judge
e)
Lawyers
9.
Lawyers use _____ to learn information about jurors.
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
10.
Lawyers can use _____ challenges to strike almost any juror for almost any reason
a)
Peremptory
b)
For cause
11.
With _____ challenges, the lawyer is usually limited to three strikes.
a)
Peremptory
b)
For cause
12.
Lawyers use _____ challenges to strike a juror that they believe is incapable of fairly and impartially deciding the case.
a)
Peremptory
b)
For cause
13.
With _____ challenges, the lawyer must give a valid reason for striking the juror.
a)
Peremptory
b)
For cause
14.
True or False. If "the Rule" applies in a case, both parties waive their right to use peremptory strikes.
a)
True
b)
False
15.
_____ is when the attorney who called the witness to testify asks the questions.
a)
Direct examination
b)
Cross examination
c)
Re-cross examination
16.
______ is when the attorney who did not call the witness to testify asks questions.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
17.
Leading questions are normally allowed on _____.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
18.
Leading questions are normally not allowed on _____.
a)
Direct examination
b)
Cross examination
c)
Re-cross examination
19.
The judge gives the jury _____ that tell the jury what the law is.
a)
legal briefs
b)
jury instructions
c)
case law
d)
QSAFDs
20.
In most civil cases, the plaintiff must prove the elements of their case _____ .
a)
by a preponderance of the evidence
b)
jury instructions
c)
burden of proof
d)
None of these
21.
In which phase does the plaintiff's attorney call witnesses to testify?
a)
Jury selection
b)
Opening statements
c)
Plaintiff's Case in Chief
d)
Defendant's Case in Chief
22.
Which of these are reasons why you shouldn't state "facts" during your opening statement that you can't prove:
a)
It isn't ethical
b)
A good oppposing counsel will use it against you in their closing argument
c)
Both of these
23.
True or False. A good way to remember all the things you should say in your opening statement is to write it out word for word.
a)
True
b)
False
24.
True or False. You should tell the jury about any weaknesses of your case.
a)
True
b)
False
25.
True or False. Your themes should be long enough to capture all the key parts of your case.
a)
True
b)
False
26.
Which of these should you do during your opening statement:
a)
read your opening statement ;
b)
memorize your opening statement ;
c)
make a list of key points for your opening statement ;
d)
none of these ;
27.
Which of these is NOT a valid exception to the "don't read the opening statement" rule?
a)
Start
b)
End
c)
Quotes
d)
When your opening statement is too long to remember
28.
True or False. To avoid boring the jury, there should be no moments of silence in your opening statement.
a)
True
b)
False
29.
Which of these should you do with the pace of your opening statement:
a)
vary your pace
b)
slow down for the really important points
c)
go fast when you want to point out that things were rushed or hectic
d)
all of these
30.
True or False. You should repeat your theme three to five times during your opening statement.
a)
True
b)
False
31.
Which is a better label:
a)
“I represent the plaintiff”;
b)
“this is my client, Susan Smith.”
32.
Which is a better label:
a)
“truck”;
b)
"40,000-pound 18-wheeler"
33.
True or False. You should waive a couple of exhibits in front of the jury during your opening statement
a)
True
b)
False
34.
What does it mean to "publish" an exhibit:
a)
You can have the witness read from the exhibit
b)
The exhibit becomes part of the Record
c)
The court of appeals can consider the exhibit
d)
You hand a copy of the exhibit to the jury
35.
What is the burden of proof in a negligence case:
a)
Beyond reasonable doubt
b)
Preponderance of the evidence
36.
In Kansas, if the jury decides that the plaintiff’s negligence is equal to the defendant’s negligence, the plaintiff will recover _____ .
a)
All of their damages
b)
None of their damages
c)
Half of their damages
d)
None of these
37.
In closing arguments, ______ can reserve part of their time for a rebuttal.
a)
The plaintiff/prosecutor
b)
The defendant
c)
Both of these
d)
Neither of these
38.
True or False. In closing arguments, lawyers may use exhibits that have been admitted in evidence.
a)
True
b)
False
39.
True or False. Lawyers can misstate what the evidence was - that's what they get paid to do.
a)
True
b)
False
40.
Lawyers can argue the significance of missing evidence:
a)
Anytime
b)
Only if they have access to the evidence
c)
Only if they don’t have access to the evidence, but opposing counsel does
d)
Never
41.
True or False. "I believe," "I know," and "I think" are good phrases to use during closing argument, because they show your personal investment in the case.
a)
True
b)
False
42.
Which of these are proper arguments:
a)
Telling the jury that it has a duty to deter crime and protect the community.
b)
Arguing a party's poverty or wealth (unless punitive damages are in issue).
c)
Arguing that the jury should find for the plaintiff because any judgment against the defendant would be paid by the defendant’s insurance company.
d)
Arguing that the jury should find for the defendant to avoid increases in insurance premiums.
e)
Asking the jury to apply common sense
43.
Closing Arguments should NOT use which of these:
a)
Admitted Testimony
b)
Excluded Testimony
c)
Admitted Exhibits
d)
Jury Instructions
e)
Common sense and life experiences
44.
Closing Arguments should NOT use which of these:
a)
Excluded Exhibits
b)
Jury Instructions
c)
Common sense and life experiences
d)
Stories and analogies
e)
Rhetorical questions
45.
Closing Arguments should NOT use which of these:
a)
Admitted Testimony
b)
Admitted Exhibits
c)
Personal opinions
d)
Stories and analogies
e)
Rhetorical questions
46.
True or Flase. It is a good idea to use big words and legal terms, so the jury is impressed with your vocabulary.
a)
True
b)
False
47.
True or False. You should write out the planned closing argument, then practice delivering it.
a)
True
b)
False
48.
True or False. You should make a list of the points that you want or need to cover in your closing, then arrange them in the order you want to present them.
a)
True
b)
False
49.
True or False. The attorneys doing opening and closing should develop these independent of each other, so they aren't too repetitive.
a)
True
b)
False
50.
True or False. The best way to deal with weaknesses in your case is to ignore them in closing arguments and hope that your opponent doesn't raise them.
a)
True
b)
False
51.
True or False. Attorneys are permitted (even encouraged) to break most evidentiary rules, if it would help them win the case.
a)
True
b)
False
52.
True or False. For most evidentiary rules, it is the job of opposing counsel (not the judge) to enforce the rules by objecting.
a)
True
b)
False
53.
_____ courts have general jurisdiction.
a)
Federal
b)
State
54.
_____ courts have limited jurisdiction.
a)
Federal
b)
State
55.
Appeals from ____ are as of right.
a)
District courts.
b)
Circuit courts.
56.
Appeals from ____ require a petition for writ of cert.
a)
District courts.
b)
Circuit courts.
57.
True or False. The only time that lawyers can state thier personal opinions is during the closing argument
a)
True
b)
False
58.
True or False. Appeals to sympathy, prejudice, or other passions of the jury are great ways to make an effective closing argument.
a)
True
b)
False
59.
Do You Know Your Classmates' Junior Law Cases?
a)
Yes
b)
No
c)
Maybe
60.
Before a federal court has power to make any rulings in any case, it must have:
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
61.
____ determines WHO the court has jurisdiction over.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
62.
____ determines WHAT the court has jurisdiction over.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
63.
Federal courts have ____ if there is either federal question or diversity.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
64.
____ requires sufficient minimum contacts.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
65.
The subject matter jurisdiction for federal courts comes from _____ .
a)
The due process clause
b)
Article III
c)
Both of these
d)
Neither of these
66.
Limits on personal jurisdiction for federal courts comes from _____ .
a)
The due process clause
b)
Article III
c)
Both of these
d)
Neither of these
67.
A court normally has jurisdiction over a defendant if the conduct leads directly to the against them. This is called ____ jurisdiction.
a)
resides
b)
general
c)
conduct , claim
d)
specific
68.
Normally, a corporation can be sued in the state where:
a)
Its principle place of business is.
b)
It is incorporated.
c)
It did something that led to the lawsuit.
d)
Its shareholders are citizens
e)
The CEO lives
69.
The notice to a defendant that it has been sued is called a _____
a)
due process
b)
complaint
c)
summons
d)
service of process
70.
The plaintiff starts the case in federal court by filing a _____
a)
answer
b)
complaint
c)
summons
d)
service of process
71.
Which of these do ethical rules require attorneys to do before filing a complaint.
a)
form a good faith belief that the law supports the claim
b)
form a good faith belief that the facts support the claim
c)
both of these
d)
neither of these
72.
Counterclaims are claims by a defendant against:
a)
the plaintiff
b)
other defendants
c)
both of these
d)
none of these
73.
Crossclaims are claims by a defendant against:
a)
the plaintiff
b)
other defendants
c)
both of these
d)
none of these
74.
What happens next if a motion to dismiss is granted:
a)
The case is over - the plaintiff wins
b)
The case is over - the defendant wins
c)
The defendant has 14 days to file an Answer
d)
All of these are true
e)
None of these are true
75.
What happens next if a motion to dismiss is denied:
a)
The case is over - the plaintiff wins
b)
The case is over - the defendant wins
c)
The defendant has 14 days to file an Answer
d)
All of these are true
e)
None of these are true
76.
Which of these describes personal jurisdiction over a defendant based on what they did in that state?
a)
Specific jurisdiction
b)
General jurisdiction
c)
Neither of these
d)
Both of these
77.
Which of these describes personal jurisdiction over a defendant based on where they reside?
a)
Specific jurisdiction
b)
General jurisdiction
c)
Neither of these
d)
Both of these
78.
Federal courts have federal question jurisdiction if the claims or defenses in the case involve application of:
a)
Federal statutes
b)
The U.S. Constitution
c)
Either of these
79.
____ courts have the power to hear almost any kind of case.
a)
Federal
b)
State
c)
Neither state or federal
d)
Both state and federal
80.
True or False. The U.S. Supreme Court has power to hear any case they want to, because they are the highest court in the land.
a)
True
b)
False
81.
"Diversity" means which of these:
a)
The parties are from wide-ranging socio-economic backgrounds
b)
The parties are not related to each other
c)
None of the plaintiffs are citizens of the same state as other plaintiffs
d)
None of the defendants are citizens of the same state as other defendants
e)
None of the plaintiffs are citizens of the same state as any of the defendants
82.
In diversity cases, federal courts apply:
a)
Federal law
b)
State Law