Blaw 3830 Final

1Sharon sues Brian to retrieve money she claims she is owed. To successfully pursue a legal action

she would need in personam jurisdiction over Brian.

2.The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

jury nullification.

3. In a civil trial, the burden of proof is usually a preponderance of the evidence.

5Which of the following is characteristic of a civil trial? The process is begun by filing a complaint.

6.Fred Arden is tried in a criminal court and found innocent of the charge of theft. Shawn Finister,

the victim of the alleged crime, The civil court filing must be dismissed because of the constitutional right against double jeopardy.

7.Walter sues Jaime because Jaime failed to show up at the soccer game. In response to Walter’s

complaint Jaime files a demurrer. This pleading means that Jaime

claims that even if the facts are all true, Walter has no legal injury that the law will compensate.

8.A discovery tool that is useful to probe the merits of the opponent’s case consisting of written

questions is called a: interrogatory.

10. Which of the following is an equitable remedy available in a civil proceeding?

an injunction

11. Acting in pro se is representing one’s self in a court proceeding.

is not a civil case in equity? an action to recover money for breach of an apartment lease contract

13. The questioning of potential jurors before selection to a particular jury is called voir dire.

14. Which of the following is characteristic of the civil trial process as opposed to the criminal trial process? The burden of proof required is preponderance of the evidence.

15. A defendant who is currently unable to pay her or his debts is often referred to asjudgment proof.

16. Which of the following is a typical expense of civil litigation? all of the above

17. A judge in a civil case could overturn a verdict of a jury in response to a motion

for a judgment notwithstanding the verdict.

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