Trial

Question 1

In federal court, the trial issues of law and fact are governed by a _____________. In state courts that do not use a Pretrial Order, the issues of fact and law are governed by the _______________.

Answer 1

(1) Pretrial Order
(2) latest pleadings

Question 2

The process of questioning prospective jurors is called ________.

Answer 2

voir dire

Question 3

There are two kinds of challenges to prospective jurors:
__________________ are based on the court’s ruling that reasonable cause exists to excuse that person from jury service based on a possibility of prejudice against one of the parties, or some other bias in the case.
____________________ allow the parties a limited number of “strikes” to excuse prospective jurors for no stated reason.

Answer 3

(1) challenges for cause
(2) peremptory challenges

Question 4

Asking the court to order all witnesses other than parties to leave the room is known as _______________.

Answer 4

invoking The Rule

Question 5

A defendant may move for the ___________________ if he has the burden of proof on all the remaining issues.

Answer 5

right to open and close

Question 6

Under the Seventh Amendment to the United States Constitution, all parties in federal court have a right to trial by jury in ________________ exceeding _____________ in controversy.

Answer 6

(1) cases at common law
(2) twenty dollars

Question 7

In federal court, parties have no constitutional right to trial by jury in ______ cases. However, the states may grant the right to jury trial in equity cases.

Answer 7

equity

Question 8

The right to jury trial is presumed to exist under a federal statute unless that statute _________________ the right.

Answer 8

expressly excludes

Question 9

If a party fails to request a jury within the time allowed by ________, the right to jury trial is ______.

Answer 9

(1) forum law
(2) waived

Question 10

After all evidence and arguments have been presented, the judge describes the applicable law to the jury in ________________. If the judge instructs the jury incorrectly on an issue of law, this is __________ even though it applies to the jury’s function.

Answer 10

(1) jury instructions
(2) appealable

Question 11

If a jury is not requested, the court conducts a non-jury trial in which the judge becomes the _______________.

Answer 11

trier of law and fact