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Trial
Question | Answer |
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105. 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 ___. | pretrial order latest pleadings |
106. The process of questioning prospective jurors is called ___. | voir dire |
107. There are two kinds of challenges to prospective jurors: | CHALLENGES FOR CAUSE reasonable cause to excuse a person from jury service based on a possibility of prejudice against 1 of the parties or some other bias. PEREMPTORY CHALLENGES limited no. of strikes to excuse prospective jurors for no stated reason. |
108. Asking the court to order all witnesses other than parties to leave the room is known as ___. | invoking the rule |
109. A defendant may move for the right to ___ if he has the burden of proof on all the remaining issues. | open and close |
110. Under the Seventh Amendment to the United States Constitution, all parties have a right to trial by jury in ___ that ___ in controversy. | cases at common law exceed twenty dollars |
111. Parties have no constitutional right to trial by jury in ___ cases. However, the states may grant the right to jury trial in equity cases. | equity |
112. The right to jury trial is presumed to exist under a federal statute unless that statute ___ the right. | expressly excludes |
113. If a party fails to request a jury within the time allowed by ___, the right to jury trial is ___. | forum law waived |
114. 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. | jury instructions appealable |
115. If a jury is not requested, the court conducts a non-jury trial in which the judge becomes the ___. | trier of law and fact |