11 which of the following is true of a civil proceeding a the pleading stage is foll 4300014
11) Which of the following is true of a civil proceeding?
A) The pleading stage is followed by the trial stage.
B) The evidence is evaluated by the judge in order to reach a verdict.
C) Failure on the part of the defendant to file a timely response can result in a declaratory judgment.
D) The discovery process is governed by the Federal Rules of Civil Procedure in federal courts.
12) Andre LeFevre, a testifying expert, failed to include changes to the case. These were not been previously presented in his report. He is expecting that this information will be offered at the trial. Which of the following rules of the Federal Rules of Civil Procedure has been violated by Andre?
A) Rule 26(b)(1)
B) Rule 26(b)(4)
C) Rule 26(e)(2)
D) Rule 26(a)(2)
13) The trial stage of a legal proceeding involves the voir dire process. What does this process involve?
A) It is a process wherein residents from the local county are randomly selected and summoned to the court to serve as prospective jurors.
B) It is a process wherein the jurors collectively evaluate the evidence to render a verdict.
C) It is a process wherein all evidence is presented to the jury through witnesses (such as a forensic accountant).
D) It is a process wherein the judge and the attorneys question prospective jurors about their backgrounds and beliefs.
14) Which of the following best describes the meaning of burden of proof in a trial?
A) It is the obligation of the plaintiff or prosecution to prove liability or guilt.
B) It is the obligation of the jury to prove guilty and reach a verdict after a trial.
C) It is the obligation of the defendant to prove his or her innocence.
D) It is the obligation of the expert witness to prove his or her reliability in the court.
15) Which of the following statements is true of standards of proof?
A) Preponderance of evidence is a higher standard of proof than clear and convincing evidence.
B) In a civil case, the requisite standard is a preponderance of the evidence.
C) Clear and convincing evidence is evidence that is probably true.
D) Preponderance of evidence is evidence that can be proved beyond a reasonable doubt.
16) Which of the following statements is true of the two means of settling disputes between parties?
A) Alternative dispute resolution is less expensive than litigation.
B) Litigation is faster than alternative dispute resolution.
C) Litigation allows for greater privacy than alternative dispute resolution.
D) Alternative dispute resolution allows for more transparency than litigation.
17) Which of the following statements is true of rules of evidence?
A) The rules of evidence allow expert witnesses greater latitude than other witnesses to testify based on evidence that would not otherwise be admissible.
B) The rules of evidence allow other witnesses greater latitude than expert witnesses to testify based on evidence that would not otherwise be admissible.
C) The rules of evidence do not allow both expert witnesses and other witnesses to testify based on evidence that is not admissible.
D) The rules of evidence allow expert witnesses and other witnesses great latitude to testify based on evidence that would not otherwise be admissible.
18) Which of the following is the purpose of the Federal Rules of Evidence?
A) to set standards for evidence to be admissible in court
B) to dictate the manner in which evidence is to be presented to the jury
C) to seek justice and truth in a fair and reasonable manner
D) to reduce the delay in trial due to unavailability of evidence
19) Which of the following is a criterion under Rule 702 of the Federal Rules of Evidence for an expert testimony to be admissible?
A) The testimony can be accepted within the professional community.
B) The testimony is based on reliable assumptions.
C) The testimony is given in relation to scientific, technical, or other specialized knowledge.
D) The testimony is the product of reliable principles and methods.
1. The testimony is based on sufficient facts or data.
2. The testimony is the product of reliable principles and methods.
3. The principles and methods have been applied reliably to the facts of the case.
20) Which of the following scenarios indicates the application of Rule 702 of the Federal Rules of Evidence?
A) The plaintiff engages Ali, an attorney, to represent them in court.
B) The attorney calls upon Riya, a construction engineer, to provide evidence on the structural sufficiency of a building.
C) Pete, a store-owner, appears as a witness to give testimony on a robbery committed outside his store.
D) The court calls on Fiona, a forensic accountant, to give a statement on the accident that caused damage to her car.