BUL 3310 FSU Exam 1- Questions &
Answers
Discovery Correct Ans--Subpoenas(requests for evidence)
-Depositions(oral interrogations under oath)
-Interrogatories(written statements under oath)
-Declarations
-Occurs during pleading and before trial
-All types of electronic records
Trial Correct Ans--Verdict
-Judgement
-Jury Selection( Venire, Voir Dire, Premptory Challenges)
Burden Of Proof Correct Ans--Typically imposed on the plaintiff/state
Verdict Correct Ans-Facts determined by Jury are applied to law as instructed by Judge. After
this is announced a judgement is entered
Appeals Correct Ans-Submission of an appellate brief (arguments of both fact and law, facts
are not questioned unless clearly erroneous)
-Appellate court reviews the trial court transcripts
, Motion to Dismiss Correct Ans--Facts are all assumed true for arguments sake
-Party submitting the motion then asks the judge to decide a question of law
Examples of Motion to Dismiss Correct Ans--Lack of jurisdiction
-Lack of standing
-Statute of limitations
Statutes of Limitations Correct Ans-Laws passed by a legislative body in common law
systems to set the maximum time after an event when legal proceedings may be initiated. When
the period of time specified passes, a claim can no longer be filed.
Complaint (Filed) Correct Ans--These 'facts' are only allegations
-Facts are determined to be true or false by the Jury taking all the relevant and allowable
evidence into account
-Burden of proof needs to be satisfied to determine factual issues
Plaintiff's Attorney Correct Ans--Also known as "trial attorneys" or the "plaintiff's bar"
-They charge the client only if they obtain some monetary relief (settlement or verdict) under a
contingency fee arrangement (typically 1/3 )
-They represent a major concern for businesses and insurance companies
Torts Correct Ans-A breach of a civil duty owed to someone else.
Answers
Discovery Correct Ans--Subpoenas(requests for evidence)
-Depositions(oral interrogations under oath)
-Interrogatories(written statements under oath)
-Declarations
-Occurs during pleading and before trial
-All types of electronic records
Trial Correct Ans--Verdict
-Judgement
-Jury Selection( Venire, Voir Dire, Premptory Challenges)
Burden Of Proof Correct Ans--Typically imposed on the plaintiff/state
Verdict Correct Ans-Facts determined by Jury are applied to law as instructed by Judge. After
this is announced a judgement is entered
Appeals Correct Ans-Submission of an appellate brief (arguments of both fact and law, facts
are not questioned unless clearly erroneous)
-Appellate court reviews the trial court transcripts
, Motion to Dismiss Correct Ans--Facts are all assumed true for arguments sake
-Party submitting the motion then asks the judge to decide a question of law
Examples of Motion to Dismiss Correct Ans--Lack of jurisdiction
-Lack of standing
-Statute of limitations
Statutes of Limitations Correct Ans-Laws passed by a legislative body in common law
systems to set the maximum time after an event when legal proceedings may be initiated. When
the period of time specified passes, a claim can no longer be filed.
Complaint (Filed) Correct Ans--These 'facts' are only allegations
-Facts are determined to be true or false by the Jury taking all the relevant and allowable
evidence into account
-Burden of proof needs to be satisfied to determine factual issues
Plaintiff's Attorney Correct Ans--Also known as "trial attorneys" or the "plaintiff's bar"
-They charge the client only if they obtain some monetary relief (settlement or verdict) under a
contingency fee arrangement (typically 1/3 )
-They represent a major concern for businesses and insurance companies
Torts Correct Ans-A breach of a civil duty owed to someone else.
