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

Voir dire is the pre-trial process in which attorneys and the judge question potential jurors to identify biases and determine their suitability to serve on the jury.

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

Challenges for cause are unlimited but require articulating a specific reason for disqualification, while peremptory challenges are limited in number and may be exercised without providing any reason.

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

Res judicata bars a party from relitigating claims that were or could have been raised in prior litigation that resulted in a final judgment on the merits by a court of competent jurisdiction.

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

Collateral estoppel prevents re-litigation of a specific issue that was actually litigated, necessarily decided, and essential to the final judgment in a prior proceeding between the same parties.

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

A judgment as a matter of law (formerly called a directed verdict) is entered when the evidence is legally insufficient for a reasonable jury to find in favor of the non-moving party on a claim or defense.

Attorney Practice Test

Attorney Practice Test

Attorney Civil Litigation Attorney 3