Fall SemeSter 2025 – tlI4801 technIqueS In
trIal and lItIgatIon | november/december
PortFolIo comPlete anSWerS | uPdated
2025/2026 edItIon | verIFIed unISa llb Study
guIde | due 12 december 2025 | 100% exam-
ready laW PortFolIo For unIverSIty oF South
aFrIca StudentS
Question 1:
What is the primary purpose of voir dire in a trial?
A) To present opening statements
B) To select a jury
C) To deliver closing arguments
D) To introduce evidence
Correct Option: B) To select a jury
Rationale:
Voir dire is a process during which potential jurors are questioned by the judge and
attorneys to determine their suitability for serving on a jury. The goal is to ensure an
impartial jury is selected, making option B the correct answer.
Question 2:
Which of the following best describes the concept of "burden of proof"?
A) The obligation to prove one's case
B) The responsibility to cross-examine witnesses
C) The duty of the judge to determine facts
D) The requirement to provide expert testimony
Correct Option: A) The obligation to prove one's case
Rationale:
The burden of proof refers to the obligation of a party to prove their allegations or claims
in a trial. In civil cases, this is typically "preponderance of the evidence," while in
criminal cases, it is "beyond a reasonable doubt." Thus, option A is correct.
Question 3:
In a civil trial, which standard of proof is generally applied?
A) Beyond a reasonable doubt
B) Clear and convincing evidence
,C) Preponderance of the evidence
D) Probable cause
Correct Option: C) Preponderance of the evidence
Rationale:
In civil trials, the standard of proof is "preponderance of the evidence," meaning the
evidence must show that something is more likely true than not true. This is lower than
the standard used in criminal cases. Therefore, option C is correct.
Question 4:
What is the purpose of opening statements in a trial?
A) To summarize the evidence
B) To outline the case and present an overview
C) To persuade the jury of the case's merits
D) To present witness testimony
Correct Option: C) To persuade the jury of the case's merits
Rationale:
Opening statements are intended to provide the jury with a roadmap of what to expect
in the trial and to persuade them of the case's merits. They set the stage for the
evidence that will follow.
Question 5:
Which of the following is NOT a type of evidence?
A) Testimonial evidence
B) Documentary evidence
C) Circumstantial evidence
D) Conjectural evidence
Correct Option: D) Conjectural evidence
Rationale:
Conjectural evidence is not recognized as a formal type of evidence in court. Evidence
can be classified into testimonial, documentary, and circumstantial, among others.
Question 6:
What is the role of a judge during a trial?
A) To act as a prosecutor
B) To advocate for the jury
C) To oversee the legal process and ensure fair proceedings
D) To provide legal advice to the jury
,Correct Option: C) To oversee the legal process and ensure fair proceedings
Rationale:
The judge's primary role is to ensure that the trial is conducted fairly, according to the
law, and to maintain order in the courtroom. They do not advocate for either side.
Question 7:
What does "discovery" refer to in litigation?
A) The final arguments presented to the jury
B) The process of gathering evidence before trial
C) The selection of jurors
D) The introduction of evidence during trial
Correct Option: B) The process of gathering evidence before trial
Rationale:
Discovery is a pre-trial procedure where parties exchange information and gather
evidence to prepare for trial, allowing both sides to understand the case better.
Question 8:
Which of the following is an example of hearsay?
A) A witness testifying about what they personally saw
B) A document submitted as evidence
C) A witness recounting what someone else told them
D) A video recording of the event
Correct Option: C) A witness recounting what someone else told them
Rationale:
Hearsay is an out-of-court statement made by someone other than the witness
testifying about it, which is generally inadmissible due to reliability concerns.
Question 9:
What is meant by "direct examination"?
A) Questioning a witness by the opposing party
B) Questioning a witness by the party that called them
C) Questioning a witness outside of court
D) Questioning a juror
Correct Option: B) Questioning a witness by the party that called them
, Rationale:
Direct examination occurs when a party questions their own witness to elicit testimony
that supports their case. It is designed to build the party's argument.
Question 10:
Which amendment to the U.S. Constitution guarantees the right to a speedy trial?
A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Eighth Amendment
Correct Option: C) Sixth Amendment
Rationale:
The Sixth Amendment of the U.S. Constitution guarantees the rights of criminal
defendants, including the right to a speedy trial, ensuring that justice is not delayed.
Question 11:
What does "opening the door" mean in legal terms?
A) Allowing evidence to be introduced
B) Closing a case
C) Presenting new evidence
D) Ignoring objection rules
Correct Option: A) Allowing evidence to be introduced
Rationale:
"Opening the door" refers to a situation where a party introduces evidence or arguments
that allow the opposing party to present related evidence that may have otherwise been
excluded.
Question 12:
Which of the following is a common type of objection during a trial?
A) Leading questions
B) Relevance
C) Speculation
D) All of the above
Correct Option: D) All of the above
Rationale:
All of the listed options are common objections made during trials. Each objection
trIal and lItIgatIon | november/december
PortFolIo comPlete anSWerS | uPdated
2025/2026 edItIon | verIFIed unISa llb Study
guIde | due 12 december 2025 | 100% exam-
ready laW PortFolIo For unIverSIty oF South
aFrIca StudentS
Question 1:
What is the primary purpose of voir dire in a trial?
A) To present opening statements
B) To select a jury
C) To deliver closing arguments
D) To introduce evidence
Correct Option: B) To select a jury
Rationale:
Voir dire is a process during which potential jurors are questioned by the judge and
attorneys to determine their suitability for serving on a jury. The goal is to ensure an
impartial jury is selected, making option B the correct answer.
Question 2:
Which of the following best describes the concept of "burden of proof"?
A) The obligation to prove one's case
B) The responsibility to cross-examine witnesses
C) The duty of the judge to determine facts
D) The requirement to provide expert testimony
Correct Option: A) The obligation to prove one's case
Rationale:
The burden of proof refers to the obligation of a party to prove their allegations or claims
in a trial. In civil cases, this is typically "preponderance of the evidence," while in
criminal cases, it is "beyond a reasonable doubt." Thus, option A is correct.
Question 3:
In a civil trial, which standard of proof is generally applied?
A) Beyond a reasonable doubt
B) Clear and convincing evidence
,C) Preponderance of the evidence
D) Probable cause
Correct Option: C) Preponderance of the evidence
Rationale:
In civil trials, the standard of proof is "preponderance of the evidence," meaning the
evidence must show that something is more likely true than not true. This is lower than
the standard used in criminal cases. Therefore, option C is correct.
Question 4:
What is the purpose of opening statements in a trial?
A) To summarize the evidence
B) To outline the case and present an overview
C) To persuade the jury of the case's merits
D) To present witness testimony
Correct Option: C) To persuade the jury of the case's merits
Rationale:
Opening statements are intended to provide the jury with a roadmap of what to expect
in the trial and to persuade them of the case's merits. They set the stage for the
evidence that will follow.
Question 5:
Which of the following is NOT a type of evidence?
A) Testimonial evidence
B) Documentary evidence
C) Circumstantial evidence
D) Conjectural evidence
Correct Option: D) Conjectural evidence
Rationale:
Conjectural evidence is not recognized as a formal type of evidence in court. Evidence
can be classified into testimonial, documentary, and circumstantial, among others.
Question 6:
What is the role of a judge during a trial?
A) To act as a prosecutor
B) To advocate for the jury
C) To oversee the legal process and ensure fair proceedings
D) To provide legal advice to the jury
,Correct Option: C) To oversee the legal process and ensure fair proceedings
Rationale:
The judge's primary role is to ensure that the trial is conducted fairly, according to the
law, and to maintain order in the courtroom. They do not advocate for either side.
Question 7:
What does "discovery" refer to in litigation?
A) The final arguments presented to the jury
B) The process of gathering evidence before trial
C) The selection of jurors
D) The introduction of evidence during trial
Correct Option: B) The process of gathering evidence before trial
Rationale:
Discovery is a pre-trial procedure where parties exchange information and gather
evidence to prepare for trial, allowing both sides to understand the case better.
Question 8:
Which of the following is an example of hearsay?
A) A witness testifying about what they personally saw
B) A document submitted as evidence
C) A witness recounting what someone else told them
D) A video recording of the event
Correct Option: C) A witness recounting what someone else told them
Rationale:
Hearsay is an out-of-court statement made by someone other than the witness
testifying about it, which is generally inadmissible due to reliability concerns.
Question 9:
What is meant by "direct examination"?
A) Questioning a witness by the opposing party
B) Questioning a witness by the party that called them
C) Questioning a witness outside of court
D) Questioning a juror
Correct Option: B) Questioning a witness by the party that called them
, Rationale:
Direct examination occurs when a party questions their own witness to elicit testimony
that supports their case. It is designed to build the party's argument.
Question 10:
Which amendment to the U.S. Constitution guarantees the right to a speedy trial?
A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Eighth Amendment
Correct Option: C) Sixth Amendment
Rationale:
The Sixth Amendment of the U.S. Constitution guarantees the rights of criminal
defendants, including the right to a speedy trial, ensuring that justice is not delayed.
Question 11:
What does "opening the door" mean in legal terms?
A) Allowing evidence to be introduced
B) Closing a case
C) Presenting new evidence
D) Ignoring objection rules
Correct Option: A) Allowing evidence to be introduced
Rationale:
"Opening the door" refers to a situation where a party introduces evidence or arguments
that allow the opposing party to present related evidence that may have otherwise been
excluded.
Question 12:
Which of the following is a common type of objection during a trial?
A) Leading questions
B) Relevance
C) Speculation
D) All of the above
Correct Option: D) All of the above
Rationale:
All of the listed options are common objections made during trials. Each objection
