Appellate courts do not hear testimony of witnesses or attempt to determine which of the witnesses who testified at trial should have been believed. Determining the credibility of the witnesses is the job of the trier of fact. Appellate courts review the trial record, motions, and evidentiary exhibits.
True
False

A Demurrer would be the appropriate pre-trial motion to file if the complaint did not state a valid cause of action (valid claim) even if all the allegations contained in the complaint were true.
True
False

Identify which, if any, of the underlying occur during the informal discovery phase of a lawsuit:
Depositions
Interrogatories
The actual trial
Both A & B
None of the above

One of the types of pleadings that Defendants file in response to the plaintiff’s complaint is called the answer (which is also referred to as the response).
True
False

Identify which, if any, of the below circumstances can occur as a result of an appeal:
The appellate court can reverse the trial court
The appellate court can affirm the trial court
The appellate court can remand the case to the trial court
Any of the above

Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations?
Yes
No

The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case.
True
False

The jury hears the evidence presented at trial and decides the facts that are disputed in the lawsuit. The jury is instructed to follow the law given by the judge and then to attempt to reach a final verdict.
True
False

If a judge incorrectly instructed the jury on the law, could this be the basis for a successful appeal of the verdict?
Yes
No

A plaintiff is the party who initiates a lawsuit by filing a complaint. The plaintiff’s name appears at the top