Trial Advocacy
Midterm Exam
Course Introduction
Trial Advocacy is a practical course designed to develop students litigation skills through experiential learning and simulation. Focusing on the mechanics of courtroom practice, the course covers essential facets such as case analysis, witness examination, opening and closing statements, evidentiary objections, and jury selection. Through mock trials and other exercises, students will practice the art of persuasive advocacy, hone their ability to think quickly on their feet, and become familiar with courtroom procedures and decorum. The course aims to prepare students for effective representation of clients in trial settings, cultivating both foundational skills and ethical awareness necessary for successful trial lawyers.
Recommended Textbook
Civil Litigation 7th Edition by Peggy Kerley
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16 Chapters
555 Verified Questions
555 Flashcards
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Chapter 1: Litigation and the Paralegal
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Sample Questions
Q1) Brady is allowed to prepare a draft of the complaint to be filed in the action.
A)True
B)False
Answer: True
Q2) Laws that deal with private disputes between parties are known as ________ laws.
Answer: civil
Q3) Cloud computing refers to ________.
A) presentation software
B) case management software
C) an electronic filing system
D) storage of documents on the Internet
Answer: D
Q4) 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
Q5) Paralegals cannot give ________ advice to parties.
Answer: legal
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Chapter 2: The Courts and Jurisdiction
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Sample Questions
Q1) Before proceeding with a case, the court must have either subject matter or personal jurisdiction.
A)True
B)False
Answer: False
Q2) Proper venue in a federal action based on diversity of citizenship can be determined by ________.
A) either the defendant's residence or the place where the cause of action arose
B) only the defendant's residence
C) only the plaintiff's residence
D) only where the cause of action arose
Answer: A
Q3) A three-judge panel is usually found in ________.
A) U.S. district courts
B) U.S. courts of appeals
C) U.S. Supreme Court
D) All of these choices.
Answer: B
Q4) A court where a case begins and is tried is a court of ________ jurisdiction.
Answer: original
Page 4
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Chapter 3: Preliminary Considerations and Procedures
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Sample Questions
Q1) An attorney can commingle his own personal assets with property belonging to a client as long as the attorney keeps accurate records.
A)True
B)False
Answer: False
Q2) Client funds must always be kept in the attorney's ________ account.
Answer: trust
Q3) 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
Q4) All federal lawsuits must be filed within one year of the date the cause of action arises.
A)True
B)False
Answer: False
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Chapter 4: Investigation and Evidence
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Sample Questions
Q1) Demeanor refers to the appearance of a witness and is an important factor in determining the credibility of that witness.
A)True
B)False
Q2) The name and address of an agent for service of process for a corporation can usually be obtained from ________.
A) the court in which the action is pending
B) the recorder's office
C) the secretary of state's office
D) All of these choices.
Q3) An evidence log ________.
A) is usually kept by the parties themselves
B) records the chain of possession of a piece of evidence
C) is only kept for written documents that will be introduced as evidence at trial
D) contains a record of all dates of medical treatment
Q4) An evidence log enables one to maintain an accurate record of physical evidence, including any transfer of ________.
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Chapter 5: The Complaint
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Sample Questions
Q1) Piazza's medical bills are an item of special damages.
A)True
B)False
Q2) When parties in a lawsuit are required to be joined, they are sometimes referred to as indispensable parties.
A)True
B)False
Q3) A complaint and summons in a federal action can usually be served by the plaintiff, a licensed process server, or by the U.S. Marshal.
A)True
B)False
Q4) All complaints contain a verification.
A)True
B)False
Q5) All complaints contain ________, which are statements describing the contentions and defenses of the parties to the lawsuit.
Q6) Piazza's pain and suffering are items of special damages.
A)True
B)False
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Chapter 6: Responses to the Complaint
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Sample Questions
Q1) In state court, all pleadings, including the answer, must be verified.
A)True
B)False
Q2) If a defendant fails to answer a complaint, upon the request of the plaintiff's attorney, the court will enter a(n) ________.
Q3) If this action is filed in federal court and Dan's Dealership wishes to pursue a claim against the manufacturer for indemnity, it could be done in a cross-claim.
A)True
B)False
Q4) If a defendant has not waived service of process under Rule 4 and the party is not the U.S. government or a federal agency, that defendant has ________ days in which to respond to the complaint.
Q5) A third-party complaint and summons must be served in the same way as a(n) ________ is served.
Q6) Counterclaims that must be asserted or lost are known as ________.
Q7) If an answer is served by mail on a plaintiff's attorney, service should be evidenced by a(n) ________.
Q8) To obtain a default judgment, the plaintiff must ________ his or her claim.
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Chapter 7: Motion Practice
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Sample Questions
Q1) The type of motion filed in this case is known as an ex parte motion.
A)True
B)False
Q2) Salazar's attorney should immediately contact Meyers's attorneys to see if they would stipulate to set aside the default.
A)True
B)False
Q3) A document setting forth a legal argument in support of or in opposition to a motion is called a(n) ________.
Q4) Sometimes, after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a(n) ________ ruling prior to the court hearing.
Q5) Motions made at the beginning of a trial, outside the hearing of the jury, usually addressing evidentiary issues are known as ________ motions.
Q6) Motion practice is often the subject of local rules of court, both in federal and state courts.
A)True
B)False
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Page 9
Chapter 8: Overview of the Discovery Process
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Sample Questions
Q1) The privilege against self-incrimination is specifically aimed at self-testimony in ________ cases.
Q2) The attorney-client privilege is a privilege that belongs to the ________.
Q3) Any law firm involved in multi-jurisdictional (MJD) cases has an increased danger of inadvertently losing the protection granted by the attorney-client privilege.
A)True
B)False
Q4) The work product privilege protects letters, memos, documents, records, and other tangible items that have been produced in anticipation of ________.
Q5) If Tricor refuses to answer interrogatories, sanctions may be entered against both Tricor and its attorneys.
A)True
B)False
Q6) The privilege against self-incrimination is found in the ________ Amendment to the U.S. Constitution.
Q7) A strategy that employs certain processes to retrieve, examine, analyze, and authenticate ESI is known as ________.
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Chapter 9: Depositions
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Sample Questions
Q1) Donaldson may assist Stein by asking Mitchell questions at the deposition.
A)True
B)False
Q2) Residents of a district can be subpoenaed to appear at a deposition in the county where they reside, work, or transact business.
A)True
B)False
Q3) Mitchell cannot be required to travel more than 30 miles for the deposition.
A)True
B)False
Q4) A deponent must be reimbursed for the expenses of ________.
A) mileage and meals
B) witness fees
C) lost wages
D) Both a and b.
Q5) An individual who places the person giving a deposition under oath is known as a(n)
Q6) A deposition at which the person giving the deposition is actually present is known as a(n) ________ deposition.
Page 11
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Chapter 10: Interrogatories
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Sample Questions
Q1) An advantage of interrogatories is that they are ________.
A) simple
B) inexpensive
C) efficient
D) All of these choices.
Q2) Interrogatories need not be answered under oath.
A)True
B)False
Q3) 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.
Q4) The number of sets of interrogatories that may be served upon a party in federal court is ________.
A) one
B) two
C) three
D) unlimited
Q5) The act of copying any document in its final form is known as ________.
Page 12
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Chapter 11: Physical and Mental Examinations
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Sample Questions
Q1) Because of his age, the court will not require that Austin submit to a physical examination.
A)True
B)False
Q2) A party may be required to travel to the city where the suit has been ________ to undergo a physical or mental examination.
Q3) In law, a substantial reason for taking action is known as a(n) ________ cause.
Q4) The request for a physical or mental examination may not be made if the party who is to undergo the examination is a minor in the custody of a parent or a legally incapacitated person under the legal control of a guardian.
A)True
B)False
Q5) Total discretion for the granting of a physical or mental examination lies with the ________.
Q6) Permitting physical and mental examinations discourages the filing of false or exaggerated claims.
A)True
B)False
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Chapter 12: Request for Documents
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Sample Questions
Q1) A reason that clients should not conduct a document search without someone from the law firm is that clients ________.
A) may not recognize attorney-client work product documents
B) may fail to recognize the documents they must produce
C) often do not comprehend the amount of time and effort involved in document production
D) All of these choices.
Q2) The secrecy of documents may be assured by ________.
A) a protective order
B) a confidentiality order
C) Either a or b.
D) None of these choices.
Q3) Only original documents may be produced by the Jackson Municipal Airport Board. A)True B)False
Q4) Interrogatories are best used at an early stage in the discovery process to help an attorney determine what documents are available for a later document production request.
A)True B)False
Page 14
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Chapter 13: Request for Admission
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Sample Questions
Q1) A statement or other piece of evidence that has been admitted and can, therefore, be introduced during trial is a ________.
A) common interest statement
B) judicial admission
C) work product statement
D) compound admission
Q2) Lucky Computer Supply Co. may be required to answer a request for admission by Holloway.
A)True
B)False
Q3) The request for admission is limited to facts and opinions.
A)True
B)False
Q4) Once an admission is made, ________.
A) it is taken as proven
B) court permission is required in order for a party to withdraw the admission
C) it can be altered or denied when the party takes the witness stand
D) Either a or b.
Q5) Any request for admission that is not denied is ________ admitted.
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Chapter 14: Settlements, Dismissals, and Alternative Dispute Resolution
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Sample Questions
Q1) Any settlement agreement between the Martins and the Sports and Recreation Center must meet all the legal requirements of a contract.
A)True
B)False
Q2) Generally, an offer to settle originates with the ________.
Q3) The objective and contents of a settlement summary, settlement letter, and settlement brochure are basically the same.
A)True
B)False
Q4) A paralegal is often asked to organize and review all checks, receipts, income tax returns, and paycheck stubs furnished by the client in order to calculate the client's ________.
Q5) If the client does not approve the settlement, the attorney cannot agree to it, no matter how lucrative and beneficial it might be.
A)True
B)False
Q6) A multipage portfolio that seeks to compile all the information relevant to settlement negotiations is referred to as a(n) ________.
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Chapter 15: Trial Techniques
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Sample Questions
Q1) A shadow jury is ________.
A) another name for the actual jury
B) a jury selected by the law firm or outside consulting firm
C) a panel of typical jurors who participate in the mock jury
D) None of these choices.
Q2) In a trial by a judge, the judge acts as both the finder of ________ and the determiner of law.
Q3) A jury trial is a constitutionally guaranteed right in this case.
A)True
B)False
Q4) Voir dire is ________.
A) the opening statement
B) jury instruction
C) the process of questioning prospective jurors
D) None of these choices.
Q5) The chronology of a case is a listing of what happened, when it happened, where it happened, and who was involved.
A)True
B)False
Q6) ________ is the process by which the jurors are questioned to determine bias.
Page 17
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Chapter 16: Posttrial Practice
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Sample Questions
Q1) Kelley is the appellant.
A)True
B)False
Q2) A motion for a new trial must be served on the opposing party under the Federal Rules of Civil Procedure ________.
A) within 10 days of the entry of judgment
B) within 20 days after the close of the trial
C) within 20 days after the entry of judgment
D) prior to the entry of judgment
Q3) A writ of ________ is a court order compelling the seizure of the judgment debtor's property to satisfy the judgment.
Q4) The two briefs filed by an appellant in an appeal are the appellant's brief and the ________ brief.
Q5) Under the Federal Rules of Appellate Procedure, within 10 days of filing a notice of appeal the appellant must request a(n) ________ from the court reporter.
Q6) An individual appealing a judgment from a U.S. District Court should file the notice of appeal with the clerk of the ________ court.
Q7) An appeal filed by the appellee is called a(n) ________.
Page 18
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