Question : The moving party asserts the jury's decision is against the weight of evidence : 2162323
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
21) A common appealable error is or involves:
A) The other side used electronic presentation software
B) The jury received an incorrect instruction that misstated the law
C) An allegation that a witness was not very credible
D) The opponent party lied
22) The moving party asserts the jury's decision is against the weight of evidence. This is a:
A) Summary judgment motion
B) Motion for a jury sanction
C) Motion for judgment as a matter of law
D) Motion for judgment on the pleadings
23) If an error made at trial was so prejudicial that it constituted a denial of justice to let the verdict stand, either party may make a(n):
A) Ongoing objection
B) Summary judgment motion
C) Motion for a new trial
D) Motion to sanction the judge
24) Within 10 days of filing the notice of appeal, the appellant must order and pay for a(n) ________ of relevant portions of the trial.
A) Interlocutory order
25) Which of the following documents is issued by the clerk of the court following the notice of appeal?
A) Scheduling order
B) Outline of events
C) Record on appeal
D) Order of mandamus
26) Which is not appealable?
A) Errors made in jury instructions
B) Errors made in either the jury instructions or admission of evidence that did not impact the outcome of the case
C) Errors made in the admission of evidence
D) Errors made in the instructions to the jury
27) An interlocutory order is:
A) Appealable when the trial judge certifies it represents a controlling issue of law
B) Never appealable
C) Appealable when the trial judge grants permission to appeal
D) Always appealable
28) A final judgment is:
A) One which denies a plaintiff's motion for summary judgment
B) One which cannot be appealed
C) One which ends the litigation, effectively putting one party or the other out of court
D) One which grants the plaintiff's motion to exclude evidence at trial
29) The appellate court will confer and issue an opinion with any of the following rulings except:
A) Affirm and remand for further proceedings
C) Reverse and remand for further proceedings
D) Affirm the decision
30) In what ways may a paralegal assist in the appeal process?
A) Confirming form and accuracy of legal citations
B) Confirming citations to facts in the trial transcript and reproduced record
C) Confirming compliance with all rules of appellate procedure
D) All of the above
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
31) The judgment debtor is the party that won at trial.
32) A judgment creditor is a party who is owed money for damages from the opposing party following conclusion of a civil lawsuit.
33) Collection of the judgment is considered non-adversarial where payment is made in response to a phone call or demand letter.
34) When there is no insurance and the defendant fails to pay, collecting the judgment becomes adversarial.
35) A judgment-proof debtor is one with no ascertainable assets, employment, insurance, or other means to pay on a judgment debt.
36) The Fair Debt Collection Practice Act limits the activities of creditors seeking to enforce and collect consumer debts.
37) Bankruptcy can limit efforts to collect on a judgment, but the filing of a bankruptcy petition does not mean the judgment creditor will not be paid.
38) Once paid in full, the judgment must be marked as satisfied on the records of the presiding court of record.
39) The satisfaction of debt must be filed in all states where the judgment was lodged under the Uniform Enforcement of Foreign Judgments Act.
40) If filed under the Uniform Enforcement of Foreign Judgments Act, a foreign judgment becomes a judgment of the court in which it is filed.