The clerk of court sends the trial transcript to the False
appellate court
A judgment creditor can locate assets of an Post judgment depositions
uncooperative judgment debtor, by means of
Emotion asking that a judgment be set aside, because For a judgment as a matter of law
the verdict was contrary to the weight of the evidence is
a motion
A bill of cost does not include Attorneys fees
Appeals Deals with questions of law only
Up to 25% of disposable earnings can be garnished True
A car is tangible property True
Most appeals are unsuccessful True
No property of the judgment debtor is exempt from being False
used to satisfy the judgment debt
Garnishment is Both a pre-judgment and post judgment remedy
Parties are encouraged to agree on the parts of the trial True
record to be included in the appendix of the appellate,
brief
Creditors examinations have the advantage of Flexibility
A writ of execution specifies The defendants property to be sold to satisfy the judgment
Which of the following is an example of a question of What is the videotape prejudicial evidence?
law?
A judgment debtor secures the amount of the judgment A supersedeas bond
during a stay pending outcome of appeal by posting
An example of intangible property is The royalty rights of an author
, Civil Litigation 2 Final Exam Study Guide
The jury decides questions of law False
A notice of lis pendens protects property from being False
claimed by the judgment creditor
In federal court, the notice of appeal is filed in the District court
A judgment- proof defendant, is one who has no assets True
Federal rule, 54(d) in parallel state rules provide that cost As ordered by the court
shall be rewarded
It is unethical for paralegals to draft up appellate briefs False
Colors of covers and page sizes for federal appellate True
briefs are set by federal rules
Federal rules of appellate procedure specify type style True
requirements for motions
If a motion for a new trial is granted, the trial is held in False
appellate court
Federal rules of appellate procedure, 28,30, and 32 True
cover writing, appellate briefs
Under the federal rules, posttrial motions must be filed Ten
within_____ days after judgment
No property of the judgment debtor is exempt from being False
used to satisfy the judgment debt
Motions to have a judgment set aside must be filed right False
after the verdict is read
A bill of cost is a list of litigation expenses of the True
prevailing party
Weather Mr. Hart was driving the van at 45 mph is a False
subject for appeal
Joint tenants have no right of survivorship False
, Civil Litigation 2 Final Exam Study Guide
A motion , asking that judgment be set aside because of For a new trial
procedural or other prejudicial error trial is a motion
Only the appellate files an appellate brief False
The purpose of a pre-judgment remedy is to Prevent the defendant from selling or otherwise disposing of assets, to cover an
anticipated judgment
Generally, if an issue was not raised at trial, it cannot be True
the basis for appeal
Domicile is established for the purposes of appeal False
There is no point in taking the statement of a witness False
who says she didn't say anything
Conflicts of interest or unethical because they Diminish the professionals allegiance to the client
When a judge or jury attempts to answer the question Fact
"what happened" it is trying to answer a question of
A US District Court can have _____ jurisdiction Diversity
Only attorneys need concern themselves with False
professional ethics
The US court of appeals, for the federal circuit hears True
appeals from the US commissioner of patents
Professional development requires that you join the ABA False
Timekeeping is important for analyzing productivity True
Federal question cases go directly to the Supreme Court False
Keeping track of how do you spend your time in the law May be done online
office..
Many court cases, are disposed of by the Trial court