Question 1

Costs are always awarded to the prevailing party.

Accepted Answer

A) True 
 B)False  False

Question 2

Define
-remand

Accepted Answer

An appellate court remands a case for a new trial or further consideration if it finds that the trial court committed an error that may have affected the outcome of the case.

Question 3

Define
-writ of mandamus

Accepted Answer

An order or writ which is issued by a court of superior jurisdiction and is directed to a governmental officer or to an inferior court, commanding the performance of a particular act which is specified in the writ. The basis for the writ is that the officer or judge has a duty to perform the act or duty and has neglected to do it or has refused to do it. A writ of mandamus may direct a lower court to restore to the complainant legal rights or privileges of which he or she has been illegally deprived.

Question 4

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

Accepted Answer

The appellee may ask the appellant to in

Question 5

An appellant initiates an appeal by serving and filing a writ of certiorari.

Accepted Answer

A) True 
 B)False

Question 6

What are the grounds for filing an amicus curiae brief?

Accepted Answer

A person must have a significa

Question 7

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

Accepted Answer

A) True 
 B)False

Question 8

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

Accepted Answer

A)  30; 30 
B)  30; 40 
C)  40; 30 
D)  40; 40 
A)  30; 30 
B)  30; 40 
C)  40; 30 
D)  40; 40

Question 9

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Accepted Answer

An appellate matter may raise an issue o

Question 10

Define
-writ of prohibition

Accepted Answer

A writ issued by an appellate court dire

Question 11

What are the principal limitations on an appellant's reply brief?

Accepted Answer

The reply brief must deal only

Question 12

How does a remand differ from a reversal?

Accepted Answer

An appellate court may reverse the trial

Question 13

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

Accepted Answer

A)  10 
B)  20 
C)  30 
D)  90 
A)  10 
B)  20 
C)  30 
D)  90

Question 14

Define
-en banc hearing

Accepted Answer

An appellate court h

Question 15

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Accepted Answer

A) True 
 B)False

Question 16

Define
-supersedeas bond

Accepted Answer

A bond that the appellant must file with

Question 17

What is included in the contents of a typical "appendix to appellant's brief "?

Accepted Answer

The appendix consists of the pleadings a

Question 18

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or
legal issue, what steps, if any, may the losing party take?

Accepted Answer

The remedy available to the lo

Question 19

If necessary, a reply brief may be used to advance new issues or new arguments.

Accepted Answer

A) True 
 B)False

Question 20

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

Accepted Answer

A)  error in the trial court's procedures. 
B)  the trial court's misstatement of the law. 
C)  the trial court's misapplication of the law. 
D)  the jury should have reached a different verdict because the jury appar- ently believed the wrong evidence. 
A)  error in the trial court's procedures. 
B)  the trial court's misstatement of the law. 
C)  the trial court's misapplication of the law. 
D)  the jury should have reached a different verdict because the jury appar- ently believed the wrong evidence.

Exam 21: Appeals

Costs are always awarded to the prevailing party.

Define -remand

Define -writ of mandamus

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

An appellant initiates an appeal by serving and filing a writ of certiorari.

What are the grounds for filing an amicus curiae brief?

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Define -writ of prohibition

What are the principal limitations on an appellant's reply brief?

How does a remand differ from a reversal?

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

Define -en banc hearing

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Define -supersedeas bond

What is included in the contents of a typical "appendix to appellant's brief "?

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or legal issue, what steps, if any, may the losing party take?

If necessary, a reply brief may be used to advance new issues or new arguments.

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

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

Motions

Preparation for Trial

Structure of a Civil Trial

Judgments

Settlements, Releases, and Dismissals

Arbitration and Mediation Glossary

Filters