Question 1

The opposing party cannot oppose a motion for summary judgment by merely denying that the moving party's evidence is correct and complete.

Accepted Answer

A) True 
 B)False  True

Question 2

Define
-prejudicial error

Accepted Answer

Prejudicial error is error that adversely affected the outcome of the case for one of the parties.

Question 3

Define
-remittitur

Accepted Answer

Remittitur is a court order to reduce the amount of money damages awarded to a party by a jury.

Question 4

A dispute over some facts does not preclude a summary judgment if the disputed facts are not material to the legal issue.

Accepted Answer

A) True 
 B)False

Question 5

If a new trial is ordered it must be on all issues raised in the pleadings.

Accepted Answer

A) True 
 B)False

Question 6

The verification of error may not be made through:

Accepted Answer

A)  a partial trial transcript. 
B)  a complete deposition transcript. 
C)  affidavit. 
D)  exhibit. 
E)  judge's minutes. 
A)  a partial trial transcript. 
B)  a complete deposition transcript. 
C)  affidavit. 
D)  exhibit. 
E)  judge's minutes.

Question 7

Define
-plain error

Accepted Answer

Plain error is a ver

Question 8

What kind of evidence must be used to support a motion for summary judgment?

Accepted Answer

A summary judgment must be sup

Question 9

If the case was tried to a judge without a jury, the moving party may move the court for:

Accepted Answer

A)  amended findings of fact. 
B)  amended conclusions of law. 
C)  both (a) and (b). 
D)  neither (a) nor (b). 
A)  amended findings of fact. 
B)  amended conclusions of law. 
C)  both (a) and (b). 
D)  neither (a) nor (b).

Question 10

A party may make a motion for summary judgment in a declaratory judgment action.

Accepted Answer

A) True 
 B)False

Question 11

Define
-summary judgment

Accepted Answer

A procedure by which a party may avoid a

Question 12

What is the most common basis or ground for opposing a summary judgment?

Accepted Answer

The most common basis or ground for oppo

Question 13

Define
-additur

Accepted Answer

Additur is a court o

Question 14

What should the court do if an award made by a jury is manifestly unfair?

Accepted Answer

The award should be

Question 15

When does a party move for amended findings rather than a new trial?

Accepted Answer

A motion for amended findings is made on

Question 16

What is the criteria for deciding whether the court should order an additur?

Accepted Answer

A court may order an

Question 17

Under Rule 56(c), the adverse party must serve and file any opposing affidavits at least day(s) before the hearing.

Accepted Answer

A)  1 
B)  5 
C)  10 
D)  20 
A)  1 
B)  5 
C)  10 
D)  20

Question 18

A party may offer live testimony to support or oppose a motion for summary judgment.

Accepted Answer

A) True 
 B)False

Question 19

What is the purpose of posttrial motions?

Accepted Answer

The purpose of posttrial motio

Question 20

An order denying the motion for a new trial needs no explanation.

Accepted Answer

A) True 
 B)False

Exam 17: Motions

The opposing party cannot oppose a motion for summary judgment by merely denying that the moving party's evidence is correct and complete.

Define -prejudicial error

Define -remittitur

A dispute over some facts does not preclude a summary judgment if the disputed facts are not material to the legal issue.

If a new trial is ordered it must be on all issues raised in the pleadings.

The verification of error may not be made through:

Define -plain error

What kind of evidence must be used to support a motion for summary judgment?

If the case was tried to a judge without a jury, the moving party may move the court for:

A party may make a motion for summary judgment in a declaratory judgment action.

Define -summary judgment

What is the most common basis or ground for opposing a summary judgment?

Define -additur

What should the court do if an award made by a jury is manifestly unfair?

When does a party move for amended findings rather than a new trial?

What is the criteria for deciding whether the court should order an additur?

Under Rule 56(c), the adverse party must serve and file any opposing affidavits at least day(s) before the hearing.

A party may offer live testimony to support or oppose a motion for summary judgment.

What is the purpose of posttrial motions?

An order denying the motion for a new trial needs no explanation.

Litigation Principles

Lawyer and Client Relationship and Ethics

Court Organization

Causes of Action and Remedies

Affirmative Defenses

Introduction to Federal Procedure

Gathering Evidence

Evidence

Conducting an Investigation

Expert Witnesses

Interrogatories

Oral Depositions

Preparing Client for Deposition

Medical Examinations and Records

Inspection of Property, Documents, and Things

Requests for Admissions

Preparation for Trial

Structure of a Civil Trial

Judgments

Appeals

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters