TriAL And LiTigATion – comPLeTe AssignmenT
AnsWers | Verified unisA LAW guide | uPdATed
semesTer 2 2025 PorTfoLio | comPrehensiVe
souTh AfricAn LegAL sTudies resource
Question 1:
Which of the following is NOT a phase in the trial process?
A. Opening Statements
B. Discovery
C. Closing Arguments
D. Jury Deliberation
Correct Option: B. Discovery
Rationale:
The trial process consists of phases such as opening statements, evidence
presentation, closing arguments, and jury deliberation. Discovery, while crucial to
litigation, occurs before the trial begins and is not a phase of the trial itself.
Question 2:
In a criminal trial, the burden of proof lies with which party?
A. The Defendant
B. The Prosecution
C. The Judge
D. The Jury
Correct Option: B. The Prosecution
Rationale:
In a criminal trial, the burden of proof rests with the prosecution, which must establish
the defendant's guilt "beyond a reasonable doubt." This standard is essential to protect
the rights of the accused and ensure that only those proven guilty are convicted.
Question 3:
What is the primary purpose of voir dire in a trial?
A. To present evidence
B. To select a jury
C. To make opening statements
D. To deliver the verdict
Correct Option: B. To select a jury
,Rationale:
Voir dire is the process of questioning potential jurors to determine their suitability for
serving on a jury. This helps ensure an impartial jury, which is crucial for a fair trial.
Question 4:
Which type of evidence is considered the most persuasive in court?
A. Testimonial Evidence
B. Documentary Evidence
C. Circumstantial Evidence
D. Physical Evidence
Correct Option: B. Documentary Evidence
Rationale:
Documentary evidence, such as contracts or emails, is often considered highly
persuasive because it provides a concrete record of facts and intentions, which can be
verified and analyzed.
Question 5:
What is the standard of proof in civil litigation?
A. Beyond a reasonable doubt
B. Preponderance of the evidence
C. Clear and convincing evidence
D. Probable cause
Correct Option: B. Preponderance of the evidence
Rationale:
In civil cases, the standard of proof is "preponderance of the evidence," meaning the
evidence must show that something is more likely true than not, which is a lower
standard than in criminal cases.
Question 6:
Which of the following is NOT a form of alternative dispute resolution (ADR)?
A. Mediation
B. Arbitration
C. Trial by jury
D. Negotiation
Correct Option: C. Trial by jury
,Rationale:
Trial by jury is a formal court process, whereas mediation, arbitration, and negotiation
are all forms of alternative dispute resolution designed to resolve conflicts outside of
court.
Question 7:
In a trial, what is the function of an expert witness?
A. To provide lay testimony
B. To decide the verdict
C. To offer specialized knowledge
D. To present evidence
Correct Option: C. To offer specialized knowledge
Rationale:
Expert witnesses provide specialized knowledge or opinions based on their expertise,
helping the court understand complex issues relevant to the case.
Question 8:
What is the role of the judge during a trial?
A. To act as an advocate for one side
B. To present evidence
C. To ensure the trial is fair and lawful
D. To determine the facts of the case
Correct Option: C. To ensure the trial is fair and lawful
Rationale:
The judge's role is to maintain order in the courtroom, ensure that legal procedures are
followed, and make rulings on legal matters, thereby facilitating a fair trial.
Question 9:
Which of the following can be grounds for an appeal?
A. New evidence discovered post-trial
B. Procedural errors during the trial
C. Ineffective assistance of counsel
D. All of the above
Correct Option: D. All of the above
, Rationale:
All listed options can serve as grounds for an appeal, as they may indicate that the trial
was not conducted fairly or that a party's rights were compromised.
Question 10:
What is the purpose of a motion in limine?
A. To exclude certain evidence
B. To request a new trial
C. To appeal a verdict
D. To change the venue
Correct Option: A. To exclude certain evidence
Rationale:
A motion in limine is used to request that certain evidence be excluded from trial
proceedings, often because it may be prejudicial or irrelevant to the case.
[Questions 11 to 80]
Due to space constraints, I can provide additional questions in smaller batches. Here
are a few more:
Question 11:
What is the primary function of discovery in litigation?
A. To present evidence at trial
B. To gather information from the opposing party
C. To select a jury
D. To make closing arguments
Correct Option: B. To gather information from the opposing party
Rationale:
Discovery allows parties to collect relevant information from each other to prepare for
trial, ensuring that both sides have access to the evidence needed to present their case.
Question 12:
Which document initiates a civil lawsuit?
A. Answer
B. Motion