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Posttrial procedure refers to the appeals process

Question : Posttrial procedure refers to the appeals process : 2162322

TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

1) Posttrial procedure refers to the appeals process.

2) Court rules allow for unlimited time to file an appeal.

3) Posttrial relief must be taken within 10 days (usually) and is concerned with errors made at trial.

4) Errors made at civil trial can be incorrect jury instructions, evidentiary issues, or ineffective assistance of counsel.

5) Appealable errors will be determined on whether the errors stated in an appeal had an impact on the outcome of the trial.

6) The party that files an appeal is called the appellant.

7) An appeal to the United States Supreme Court must be done procedurally through a writ of certiorari.

8) If an appellate court rules for a remand, this means that the case is being sent back to the trial court for a new trial and correction of errors found on appeal.

9) Parties considering appeals cannot now decide to settle the matter in controversy, as that time has now passed.

10) Trial courts have the ability to provide relief for errors made at trial.

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.

11) Errors occur at trial because:

A) The paralegal was unable to quickly locate exhibits which irritated the jurors

B) The witness got angry and shouted at the attorneys, judge and jury

C) The attorney was unprepared and did a poor job of presenting the case

D) The judge ruled incorrectly on the admission or exclusion of evidence

12) Litigation terminates on a judgment as a result of

A) Motion for Default Judgment

B) Motion for Judgment on the Pleadings

C) Motion for Summary Judgment

D) All of the above

13) In federal court cases, a petitioner/appellant has ________ days after a judgment is final to file an appeal.

A) 10

B) 30

C) 20

D) There is no time limit on filing an appeal in the federal court system.

14) In many ways, the appeals process is less burdensome than trial because:

A) There is no witness testimony or presentation of evidence before the appellate court of proper jurisdiction

B) There are no formal written briefs and everything is done by oral argument before the appellate court of proper jurisdiction

C) The proceeding is all conducted via notice and briefs without personal appearance before the appellate court of proper jurisdiction

D) None of the above

15) The appeals process allows the appellate division to hear and examine:

A) Alleged errors made at trial concerning evidence, jury instructions, or other mistakes that may have had an impact in the outcome of a trial

B) The courtroom demeanor of the attorneys and judge at the trial level

C) The litigation techniques of attorneys during trial

D) All of the above

16) The common number of days associated with how long a party to a civil action has to seek posttrial relief from the trial court is:

A) 60 days

B) 1 day

C) 365 days

D) 10 days

17) At the federal level, the highest level of appeal is:

A) The highest state appellate court

B) The appellate division

C) The United States Supreme Court

D) The circuit court of appeal for that federal district

18) Adhering to the rules of appeals will allow the attorney to ________ an appeal, and avoid having it quashed or dismissed.

A) Perfect

B) Record

C) Sustain

D) Order

19) All of the following are proper ways to enter a judgment except:

A) Dismissal without prejudice

B) Jury verdict

C) Motion for summary judgment

D) Default judgment

20) Which is not a form of posttrial relief?

A) Summary judgment

B) Appeal

C) Motion for a new trial

D) Motion for judgment as a matter of law

 

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