LES 305 EXAM 1 CLARK 2025 UPDATE
EXAM QUESTIONS AND CORRECT
DETAILED ANSWERS||LATEST
VERSION
Jury Selection and Opening - CORRECT-ANSWER-- Jury Selection:
Process of asking potential jurors questions to reveal any prejudices
that may affect their judgment of the facts (Known as Voir Dire)
- After jury is selected, the attorneys present their theory of the case
and what they hope to prove to the jury in the opening statements
Testimony - CORRECT-ANSWER-After the opening statement, the
plaintiffs attorney then ask questions (direct examination) of the
plaintiff's witnesses
- Defendant attorney may then conduct cross examination of the
plaintiffs witnesses
,Process is repeated when defendant calls its witnesses, and the plaintiff
may cross-examine
Testimony and Submission of Evidence - CORRECT-ANSWER-Each side
also uses its witnesses to introduce relevant evidence or to:
- Authenticate evidence
- Verify physical evidence
- Provide expert testimony accompanied by charts or graphs shown to
the jury
Closing Argument - CORRECT-ANSWER-Once the testimony is
completed and the evidence has been submitted to the jury, each
attorney sums up the case and tries to convince the jury that their
version of the case is more compelling
Charging the Jury - CORRECT-ANSWER-The judge can charge the jury by
giving them instruction on how to work through the process of coming
to a factual decision:
- The standard of proof in a civil cases is a preponderance of the
evidence
,- The applicable law to apply in reaching their decision
Deliberations - CORRECT-ANSWER-After receiving the charge, Jurors
move to a private room to engage in deliberations:
- The jury is permitted to send questions to the judge, but the jurors are
alone in deliberations
- Black box theory of jury: What happens in there is a mystery, but what
comes out is a decision (verdict)
Verdict - CORRECT-ANSWER-The Jury's decision is a verdict:
- If the jury cannot agree on a verdict (Known as hung jury), the litigants
must start the process over
- Civil litigation does not require unanimous verdict, so hung juries are
rare in a commercial dispute
Post-Trial Motions and Appeals - CORRECT-ANSWER-Appellate courts
engage in judicial review to decide whether any errors were committed
during the trial and also have power to reverse or modify the decisions
of trial courts
, - Appeals are based on legal issues, not factual ones
Collecting the Judgement - CORRECT-ANSWER-Collecting judgments
may be difficult, if the defendant assets are tied up in non-liquid forms
such as real estate or are exempt from claims of creditors through a
bankruptcy filing
- Garnishments intercept payments wages that are owed to the
judgment debtor
- Employer is ordered to pay defendants wagers directly to the
judgment creditor toward satisfaction of the judgment
Alternative Dispute Resolution (ADR) - CORRECT-ANSWER-Given the
risks of litigation, some of the potential advantages of ADR over
litigation are:
- Cost, preserving the business relationship, time, expertise, and privacy
Informal ADR - CORRECT-ANSWER-Informal ADR such as pre-lawsuit
negotiation can take the form of:
1. Settlement Agreement: Where on party agrees to a payment in
exchange for the other party's promise not to sue
EXAM QUESTIONS AND CORRECT
DETAILED ANSWERS||LATEST
VERSION
Jury Selection and Opening - CORRECT-ANSWER-- Jury Selection:
Process of asking potential jurors questions to reveal any prejudices
that may affect their judgment of the facts (Known as Voir Dire)
- After jury is selected, the attorneys present their theory of the case
and what they hope to prove to the jury in the opening statements
Testimony - CORRECT-ANSWER-After the opening statement, the
plaintiffs attorney then ask questions (direct examination) of the
plaintiff's witnesses
- Defendant attorney may then conduct cross examination of the
plaintiffs witnesses
,Process is repeated when defendant calls its witnesses, and the plaintiff
may cross-examine
Testimony and Submission of Evidence - CORRECT-ANSWER-Each side
also uses its witnesses to introduce relevant evidence or to:
- Authenticate evidence
- Verify physical evidence
- Provide expert testimony accompanied by charts or graphs shown to
the jury
Closing Argument - CORRECT-ANSWER-Once the testimony is
completed and the evidence has been submitted to the jury, each
attorney sums up the case and tries to convince the jury that their
version of the case is more compelling
Charging the Jury - CORRECT-ANSWER-The judge can charge the jury by
giving them instruction on how to work through the process of coming
to a factual decision:
- The standard of proof in a civil cases is a preponderance of the
evidence
,- The applicable law to apply in reaching their decision
Deliberations - CORRECT-ANSWER-After receiving the charge, Jurors
move to a private room to engage in deliberations:
- The jury is permitted to send questions to the judge, but the jurors are
alone in deliberations
- Black box theory of jury: What happens in there is a mystery, but what
comes out is a decision (verdict)
Verdict - CORRECT-ANSWER-The Jury's decision is a verdict:
- If the jury cannot agree on a verdict (Known as hung jury), the litigants
must start the process over
- Civil litigation does not require unanimous verdict, so hung juries are
rare in a commercial dispute
Post-Trial Motions and Appeals - CORRECT-ANSWER-Appellate courts
engage in judicial review to decide whether any errors were committed
during the trial and also have power to reverse or modify the decisions
of trial courts
, - Appeals are based on legal issues, not factual ones
Collecting the Judgement - CORRECT-ANSWER-Collecting judgments
may be difficult, if the defendant assets are tied up in non-liquid forms
such as real estate or are exempt from claims of creditors through a
bankruptcy filing
- Garnishments intercept payments wages that are owed to the
judgment debtor
- Employer is ordered to pay defendants wagers directly to the
judgment creditor toward satisfaction of the judgment
Alternative Dispute Resolution (ADR) - CORRECT-ANSWER-Given the
risks of litigation, some of the potential advantages of ADR over
litigation are:
- Cost, preserving the business relationship, time, expertise, and privacy
Informal ADR - CORRECT-ANSWER-Informal ADR such as pre-lawsuit
negotiation can take the form of:
1. Settlement Agreement: Where on party agrees to a payment in
exchange for the other party's promise not to sue
