Attorney Civil Litigation Attorney 3

Question 1

What is 'voir dire' in the context of a civil jury trial?

Accepted Answer

The process of questioning prospective jurors to select an impartial jury

Answer

The judge's final instructions to the jury before deliberation

Answer

The plaintiff's opening statement at the start of trial

Answer

The reading of the jury's verdict in open court

Question 2

How do peremptory challenges differ from challenges for cause during jury selection?

Accepted Answer

Peremptory challenges require no stated reason and are limited in number, while challenges for cause require justification and are unlimited

Answer

Only defendants may use peremptory challenges in civil cases

Answer

Peremptory challenges require a stated reason; challenges for cause do not

Answer

Both types require a stated justification for excluding a juror

Question 3

Res judicata (claim preclusion) prevents:

Accepted Answer

The relitigation of claims already decided by a final judgment on the merits between the same parties

Answer

The introduction of hearsay evidence during trial

Answer

Appellate courts from reversing a jury's factual findings

Answer

An attorney from representing clients with conflicting interests

Question 4

Collateral estoppel (issue preclusion) prevents a party from:

Accepted Answer

Relitigating a specific issue of fact or law that was actually litigated and necessarily decided in prior litigation

Answer

Appealing a judgment more than once

Answer

Filing a lawsuit in a different state court

Answer

Introducing expert testimony after the discovery cutoff

Question 5

Under FRCP 50, a judgment as a matter of law is appropriately entered when:

Accepted Answer

The court finds that a legally sufficient evidentiary basis does not exist for a reasonable jury to find for the non-moving party

Answer

The defendant admits liability before the close of evidence

Answer

The plaintiff rests their case without calling their expert witness

Answer

Both parties agree that the jury should not decide the case

Question 6

What is a class action lawsuit?

Accepted Answer

A lawsuit where a group of individuals with similar claims sue collectively as a represented class

Answer

A lawsuit exclusively brought in federal court involving constitutional rights

Answer

A lawsuit filed by a government agency on behalf of the public

Answer

A lawsuit limited to disputes exceeding $1 million in damages

Question 7

Injunctive relief in civil litigation is best described as:

Accepted Answer

A court order requiring a party to perform or refrain from performing a specific act

Answer

Monetary compensation awarded to the prevailing party

Answer

A reduction in the amount of punitive damages a jury may award

Answer

A court order sealing the case records from public access