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WorksheetsAll Clicks - Fall Final - Legal Proceedings
Total questions: 125
Worksheet time: 1hrs 3mins
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.
Which of these does the 6th 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
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.
_____ law is provided by the FRCP, and cases that interpret those rules.
a)
Substantive
b)
Procedural
c)
Evidence
d)
TV
10.
_____ law is provided by the FRE.
a)
Substantive
b)
Procedural
c)
Evidence
d)
TV
11.
In which of these courts do the Federal Rules of Evidence apply?
a)
District Court
b)
Circuit Court
c)
SCOTUS
d)
State trial courts
e)
State appellate courts
12.
Lawyers use _____ to learn information about jurors.
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
13.
Lawyers can use _____ challenges to strike almost any juror for almost any reason
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
14.
With _____ challenges, the lawyer doesn’t have to give any reason for striking the juror.
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
15.
With _____ challenges, the lawyer is usually limited to three strikes.
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
16.
With _____ challenges, there is no limit to the number of strikes that a lawyer can use.
a)
Empaneled
b)
voir dire
c)
Strike
d)
Peremptory
e)
for cause
17.
True or False. If "the Rule" applies in a case, both parties waive their right to use peremptory strikes.
a)
True
b)
False
18.
Which of these are parties in civil cases
a)
Plaintiff
b)
Defendant
c)
Prosecutor
d)
Attorneys
e)
Judge
19.
Which of these are parties in criminal cases
a)
The State
b)
Defendant
c)
Plaintiff
d)
Attorneys
e)
Judge
20.
_____ is when the attorney who called the witness to testify asks the questions.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
d)
Re-cross examination
21.
______ is when the attorney who did not call the witness to testify asks questions.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
d)
Re-cross examination
22.
Leading questions are normally allowed on _____.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
d)
Re-cross examination
23.
Leading questions are normally not allowed on _____.
a)
Direct examination
b)
Cross examination
c)
Re-direct examination
d)
Re-cross examination
24.
The judge gives _____ that tell the jury what the law is.
a)
by a preponderance of the evidence
b)
jury instructions
c)
burden of proof
d)
None of these
25.
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
26.
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)
Neither of these
d)
Both of these
27.
True or False. Attorneys can't share their personal opinions with the jury - not during opening statements or any other time.
a)
True
b)
False
28.
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
29.
True or False. Your themes should be long enough to capture all the key parts of your case.
a)
True
b)
False
30.
True or False. To avoid boring the jury, there should be no moments of silence in your opening statement.
a)
True
b)
False
31.
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
e)
none of these
32.
True or False. You should repeat your theme three to five times during your opening statement.
a)
True
b)
False
33.
Which of these can happen when an exhibit is admitted:
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)
None of these
e)
All of these
34.
What does it mean to publish an exhibit:
a)
You hand a copy of the exhibit to the jury
b)
You can have the witness read from the exhibit
c)
The exhibit becomes part of the Record
d)
The court of appeals can consider the exhibit
e)
None of these
35.
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
36.
True or False. Lawyers can use the jury instructions during their closing arguments.
a)
True
b)
False
37.
True or False. In closing arguments, lawyers may use exhibits that have been admitted in evidence.
a)
True
b)
False
38.
True or False. In closing arguments, lawyers may use witness testimony that has 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. A lawyer may state their personal opinions at any time during the trial.
a)
True
b)
False
42.
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
43.
True or False. If the judge allows it, you should stand behind the podium when you make your closing argument.
a)
True
b)
False
44.
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
45.
True or False. You should write out the planned closing argument, then practice delivering it.
a)
True
b)
False
46.
Which of these are benefits of using a list or outline, instead of writing out your closing argument:
a)
You can easily add new points as evidence comes in during trial
b)
You can easily remove points as evidence comes in during trial
c)
It sounds less rehearsed when you argue to the jury
d)
All of these
e)
None of these
47.
Under FRE 611(c), leading questions are generally not allowed during __________ examination.
a)
redirect
b)
direct
c)
cross
d)
re-cross
48.
FRE 401 defines relevant evidence as that which has any tendency to make a fact of consequence more or less __________.
a)
trustworthy
b)
interesting
c)
probable
d)
reliable
49.
Under FRE 401, evidence is not relevant unless it ______ a fact of consequence.
a)
proves
b)
disproves
c)
both of these
d)
neither of these
50.
True or False. FRE 403 requires judges to exclude evidence if its probative value is outweighed by the danger of unfair prejudice.
a)
True
b)
False
51.
True or False. FRE 401 requires judges to exclude evidence that is not relevant.
a)
True
b)
False
52.
FRE 403 allows exclusion of relevant evidence if its probative value is substantially outweighed by the danger of:
a)
repetition
b)
unfair prejudice
c)
confusion of the court
d)
lengthiness
53.
What term refers to evidence that might lead a jury to decide a case based on emotion rather than logic?
a)
Irrelevant
b)
Probative
c)
Prejudicial
d)
Redundant
54.
What is the most common hearsay exception used to admit documents?
a)
Business records
b)
Dying declaration
c)
Admission by a party opponent
d)
Prior inconsistent statement
55.
Under FRE 403, “probative value” means how:
a)
Short the evidence is
b)
Helpful the evidence is in proving a fact
c)
Reliable the source is
d)
Fair the process is
56.
True or False: FRE 401 sets a high threshold for evidence to be relevant.
a)
True
b)
False
57.
Judges have discretion to exclude evidence under FRE:
a)
FRE 401
b)
FRE 403
c)
Both of these
d)
Neither of these
58.
After the witness answers your last question, you should:
a)
Stand awkwardly, until the judge asks if you have any more questions
b)
Pause, to let the last answer linger
c)
Sit down immediately
d)
Say, “No further questions”
e)
Start redirect
59.
True or False. Redirect is used mainly to cover points that you forgot to ask about during direct.
a)
True
b)
False
60.
True or False. Redirect is used mainly to give your witness a chance to explain away points that opposing counsel made on cross exam.
a)
True
b)
False
61.
Asking leading questions on direct hurts credibility because:
a)
They sound too dramatic
b)
They make it seem like the witness needs help
c)
They bore the jury
d)
They impress the judge
62.
Once a witness uses a key word, the lawyer should:
a)
Avoid repeating it
b)
Rephrase it
c)
Use it in follow-up questions
d)
Ignore it
63.
True or False. Statements don’t fall under the prior inconsistent statement exception unless the prior statement was made under oath.
a)
True
b)
False
64.
Why are out-of-court statements generally less reliable than direct testimony?
a)
They are too technical
b)
They are not subject to cross-examination
c)
They are longer
d)
They are more persuasive
65.
Which of these statements is NOT offered for the truth of the matter asserted?
a)
“He told me that the defendant stole his wallet.”
b)
“She told me that she cheated on the test.”
c)
“He accused Mr. Parker of cheating at poker.”
d)
“She told me that the light was red.”
e)
"He said he was going to hurt Parker, like Parker hurt him.
66.
Why are admissions by a party opponent considered trustworthy?
a)
People don’t tell lies that hurt their case
b)
They are always recorded
c)
They are reviewed by a judge
d)
They are sworn under oath
67.
True or False: A statement must be made under oath to fit in the admission by a party opponent exception to the hearsay rule.
a)
True
b)
False
68.
True or False. Mock Trial rules say that cross-examination should not go beyond the subject matter of the direct examination.
a)
True
b)
False
69.
True or False. When impeaching a witness, you should use their actual words from their witness statement.
a)
True
b)
False
70.
Who should be doing 90% of the talking during direct exam?
a)
The witness
b)
The attorney
c)
Neither of these - the attorney and witness should always divide their time evenly
71.
Who should be doing 90% of the talking during cross exam?
a)
The witness
b)
The attorney
c)
Neither of these - the attorney and witness should always divide their time evenly
72.
What should your witness do when you object during cross examination?
a)
Don’t answer until the judge rules on the objection
b)
Listen to your objection, to learn what is wrong with the question
c)
Neither of these
d)
Both of these
73.
If the witness isn't answering your question, or is going far beyond what you asked, you should:
a)
Immediately ask the judge to instruct the witness to answer your questions, so that you don't waive your objection.
b)
Immediately cut off the witness, so that the jury won't hear testimony that hurts your case.
c)
Allow the witness to ramble, because it makes you look good and makes the witness look bad.
d)
Repeat the question, until the witness answers it.
e)
Follow the long answer with this short question: "Is that a yes?"
74.
If you are a Kansas resident and you crash your car into an Arkansas resident while you are driving in Kansas, Kansas courts would have _____ personal jurisdiction over you.
a)
general
b)
specific
c)
Both of these.
d)
Neither of these.
75.
If you are a Kansas resident and you crash your car into an Arkansas resident while you are driving in Arkansas, Arkansas courts would have _____ personal jurisdiction over you.
a)
general
b)
specific
c)
Both of these.
d)
Neither of these.
76.
If you are a Kansas resident and you crash your car into an Arkansas resident while you are driving in Arkansas, Kansas courts would have _____ personal jurisdiction over you.
a)
general
b)
specific
c)
Both of these.
d)
Neither of these.
77.
If you are a Kansas resident and you crash your car into an Arkansas resident while you are driving in Arkansas, Arkansas courts would have _____ personal jurisdiction over you.
a)
general
b)
specific
c)
Both of these.
d)
Neither of these.
78.
If you are a Kansas resident and you crash your car into an Arkansas resident while you are driving in Arkansas, Kansas courts would have _____ personal jurisdiction over you.
a)
general
b)
specific
c)
Both of these.
d)
Neither of these.
79.
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
80.
____ determines WHO the court has jurisdiction over.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
81.
____ determines WHAT the court has jurisdiction over.
a)
Personal jurisdiction
b)
Subject matter jurisdiction
c)
Both of these
d)
Neither of these
82.
Most state courts are courts of _____ jurisdiction.
a)
General
b)
Limited
c)
Both of these
d)
Neither of these
83.
Federal courts are courts of _____ jurisdiction.
a)
General
b)
Limited
c)
Both of these
d)
Neither of these
84.
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
85.
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
86.
True or False. Once the defendant(s) file a Notice of Removal, the state courts have no jurisdiction to do anything else in the case.
a)
True
b)
False
87.
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
88.
The notice to a defendant that it has been sued is called a _____
a)
due process
b)
complaint
c)
summons
d)
service of process
89.
The notice to a defendant that it has been sued is delivered by _____ of _____
a)
answer
b)
complaint
c)
summons
d)
service of process
90.
The plaintiff starts the case in federal court by filing a _____
a)
answer
b)
complaint
c)
summons
d)
service of process
91.
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
92.
Counterclaims are claims by a defendant against:
a)
the plaintiff
b)
other defendants
c)
both of these
d)
none of these
93.
Crossclaims are claims by a defendant against:
a)
the plaintiff
b)
other defendants
c)
both of these
d)
none of these
94.
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
95.
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
96.
"Personal Jurisdiction" means:
a)
The power that a court has over a person or corporation
b)
The power that a court has to decide a type of case
c)
The personality of the plaintiff
d)
The personality of the defendant
97.
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
98.
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
99.
Courts have general personal jurisdiction over persons where the person:
a)
Resides
b)
Has their principal place of business
c)
Is incorporated
d)
Buys lottery tickets
100.
Courts have general personal jurisdiction over corporations where the corporation:
a)
Resides
b)
Has their principal place of business
c)
Is incorporated
d)
Buys lottery tickets
101.
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
102.
"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
103.
True or False. Partnerships are citizens of every state where its members are citizens.
a)
True
b)
False
104.
In diversity cases, federal courts apply:
a)
Federal law
b)
State Law
105.
True or False. We like surprises at trial - that's what makes them fun.
a)
True
b)
False
106.
It would not be "_____" if attorneys could keep key evidence secret until they spring it on the other side at trial.
a)
Just
b)
Speedy
c)
Inexpensive
107.
It would not be "_____" or " _____ " if the discovery process is too long or too expensive.
a)
Just
b)
Speedy
c)
Inexpensive
108.
True or False. The PURPOSE of the attorney-client privilige is to keep relevant and important evidence away from opposing counsel.
a)
True
b)
False
109.
True or False. The RESULT of the attorney-client privilige is often to keep relevant and important evidence away from opposing counsel.
a)
True
b)
False
110.
True or False. If the client doesn’t expect the communication to be kept confidential, then it can’t be privileged.
a)
True
b)
False
111.
True or False. Privilege logs are expensive to create, but they are very helpful for opposing counsel.
a)
True
b)
False
112.
Which of these are possible sanctions against a party that fails to preserve relevant information:
a)
In camera review
b)
An adverse inference instruction
c)
Both of these
d)
Neither of these
113.
The duty to preserve begins:
a)
When a party reasonably anticipates litigation
b)
When the plaintiff writes the Complaint
c)
When the plaintiff serves the Summons
d)
When the defendant writes the Answer
114.
True or False. Once the duty to preserve begins, parties must preserve all copies of all relevant ESI.
a)
True
b)
False
115.
True or False. The law requires parties to do everything that they possibly can to preserve all relevant ESI once the duty is triggered.
a)
True
b)
False
116.
Which of these is required before a court can impose sanctions for spoliation:
a)
Intent to deprive the opposing counsel of the information
b)
Failure to take reasonable steps to preserve
c)
Failure to take every possible step to make sure that all relevant information is preserved
117.
Which of these are reasons to take depositions:
a)
Gets the deponent "on the record"
b)
Commits the deponent to a detailed version of the relevant events
c)
Can be used to impeach the witness if they change their testimony at trial
d)
All of these
e)
None of these
118.
Which type of objections do need to be made during depositions, to avoid waiving the objection at trial.
a)
Substantive objections
b)
Objections to form
c)
Both of these
d)
Neither of these
119.
Which of these objections need to be made during depositions, to avoid waiving the objection at trial.
a)
"Objection, form."
b)
"Objection, hearsay."
120.
True or False. A fact is genuine if reasonable jurors could disagree about it.
a)
True
b)
False
121.
Where the affidavit is from an expert, the court must decide:
a)
Whether the witness is qualified to testify as an expert under Fed.R.Evid. 702
b)
Whether the method used by the expert is reliable, as required by Fed. R. Evid. 702(c)
c)
Whether the opinion is based on facts that the witness has been made aware of or personally observed, as required by Fed. R. Evid. 703
d)
All of these
e)
None of these
122.
The ______ period is often the longest and most expensive part of court cases.
a)
Trial
b)
Discovery
c)
Pleadings
d)
Summary Judgment
123.
What is NOT an adverse jury instruction:
a)
An instruction that explains that the plaintiff and defendant are adverse to each other
b)
An instruction that explains to juries that a party did not preserve relevant information that it had a duty to preserve
c)
An instruction that explains to juries that it can infer that destroyed evidence would have been adverse to the party that had an obligation to preserve it
d)
One of the sanctions that a court can order for spoliation
124.
Attorneys can divulge attorney-client information:
a)
None of these
b)
After the attorney retires
c)
After the jury's verdict, if the verdict is not guilty
d)
After the jury's verdict, if the verdict is guilty
e)
After the judge sentences the defendant
125.
True or False. The dead bodies case is used in law schools across the country to explain the significance of the attorney-client privilege.
a)
True
b)
False
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