Questions for Discussion
After reading the chapter, have the students respond to the following questions:
1. In your own words, define what a motion is and how they are used in the legal environment. (A request made by an attorney to the court to make a ruling or grant a request.)
2. Why do you think all motions and arguments have to be reported verbatim? (Because the legality of an action may depend on the motion and subsequent ruling upon the motion.) 3. Define a motion for a bill of particulars. (A request by a defendant to a plaintiff for a more
particularized account of the charges brought against the defendant.)
4. When would a motion to have the claimant medically examined be used? (When the claimant purports certain medical damages, the opposing side may have the claimant examined to determine whether or not the claims are legitimate.)
5. Who would instigate a motion for a change of venue? (Usually the defendant or his or her attorney.)
6. Why would a party to an action request a motion for continuance of the case? (In order to request more time.)
7. Which party to action might request a motion for a summary judgment? (Either party.) 8. When might a mistrial occur during a litigation process? (At any time during the litigation
process, whenever a major defect has occurred in the legal process.)
9. If a motion to strike is granted by the judge, what is the process used to strike the matter from the record? (The material is not literally "stricken" from the record, but it is to be ignored by the jury and not read back to the jury in cases of readback.)
Chapter 11 Quiz
1. A motion made by the attorney for the plaintiff will be ruled upon by the attorney for the defendant.
a. True b. False
2. If a motion is denied, the attorney who made the motion can make an objection on the grounds that the motion should be granted.
a. True b. False
3. The phrase "in limine" means at the beginning.
a. True b. False
4. A motion to disqualify a judge must be made by the presiding judge himself or herself.
a. True b. False
5. A motion for dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedures is a motion for nonsuit.
a. True b. False
6. A motion to inquire into the reason for detention of a defendant and obtaining his or her release if it is deemed illegal is a motion for write of habeas corpus.
a. True b. False
7. A motion to view the premises must be made by the attorney for the defendant.
a. True b. False
8. When a motion to strike portions of testimony is granted, the court reporter must remove those sections that were stricken from the record and exclude them from the transcript.
a. True b. False
9. A motion to dismiss the complaint is always made by the attorney for the defendant.
a. True b. False
10. After a case has been on file for a long period with no action by the plaintiff's attorney to prepare for trial, the defendant's attorney may make a motion to dismiss for lack of prosecution.
a. True b. False
Chapter 12
How to Report Objections Questions for Discussion
After reading the chapter, have the students respond to the following questions:
1. In legal matters, what is an objection? (The formal protesting to the court regarding an action or question made by the opposing side.)
2. When is an objection made? (Whenever an attorney wants to protect his client's interests and feels as though an injustice has been done.)
3. How does the court rule on an objection? (By overruling an objection or sustaining an objection.)
4. In your own words, describe an "exception" as it relates to the ruling of the Court on an objection. (A formal disagreement by the attorney who made an objection, after the court has overruled his or her objection. The exception puts on the record the fact that the attorney disagrees with the judge's ruling and may be used as a basis for appeal.)
5. Why is it important for a reporter to "mark" his or her notes with reference to objections?
(Because most likely they will be asked to be read back by the court reporter.) 6. How might a reporter "mark" his or her notes? (By using a "marker" located on the
shorthand writers; by drawing a line across the notes; by throwing a paper clip or piece of paper in their notes; or by "cueing" one's electronic notes using special keys on the keyboard.)
7. In your own words, describe the best way to handle the reporting of objections and the subsequent argument and ruling by the court. (1. Record the question and answer. 2.
Record the objection and grounds. 3. Record any argumentative exchange. 4. Get the ruling by the Court.)
8. What is a "blanket objection"? (An objection to a question on the grounds that it is incompetent, irrelevant, and immaterial.)
9. Give an example of a question that might be asked of a witness which is leading and suggestive. (Q. Please state why you where you were when you arrived a the Pink Cadillac cafe at one o'clock in the morning.)
10. What is a nonresponsive answer? (An answer that does not have anything to do with the question that was asked.)
11. When might the objection be made on the grounds that there is no proper foundation laid?
(When a question relates to a matter that has not been sufficiently talked about.) 12. What is hearsay evidence? (Evidence based on second-hand knowledge or third-party
information.)
13. When may hearsay evidence be admissible? (dying declarations, confessions, admissions, statements against interest, business entries, public records, former testimony,
reputations, statements about physical condition or mental state, and res gestae or statements that are part of an occurrence that has already been shown to have existed.) 14. What is a self-serving answer? (An answer which serves the purpose of the person giving
the answer.)
15. Why would an attorney object to a question which calls for a conclusion or an opinion on the part of the witness? (Because the answer may be considered speculation and may not be based upon facts.)
16. What is self-incriminating testimony? (Testimony that has the effect of implicating the witness on crimes related or unrelated to the case at hand.)
17. What does it mean when an objection is made because the attorney who is doing the questioning is taking the witness on a fishing expedition? (The attorney is asking questions or seeking information that has nothing to do with the case at hand.)
18. What is privileged information? (Information that is confidential as between a husband and wife, attorney and client, clergy and confessor, and physician and patient.)
19. Why can an objection be made because of the mention of insurance? (Because the mentioning of insurance may imply that the defendant will be able to cover any losses by having the insurance company pay for the damages; in a sense it is taking the burden of responsibility off the defendant and placing it upon the insurance company to pay any monetary damages.)
20. Why would an attorney object to the introduction of certain exhibits during the course of a trial? (For a number of reasons; they may have nothing to do with the case, they may be irrelevant, inaccurate, etc.)
Chapter 12 Quiz
1. The rules of evidence are procedural guidelines by which the attorneys and the judge conduct the litigation process.
a. True b. False
2. Evidence is always physical in nature and constitutes a part of the record.
a. True b. False
3. A lawyer who fails to object to evidence can later come back and object after the trial is over.
a. True b. False
4. In some states opposing counsel is considered to have an automatic exception to court rulings adverse to his or her side of the case.
a. True b. False
5. To “mark” ones notes is to somehow make a reference point to which the reporter can refer back in case of readback.
a. True b. False
6. A blanket objection is an objection that is based upon the grounds that the question calls for a conclusion on the part of the witness.
a. True b. False
7. An attorney may object if an answer to a question has nothing to do with the original question.
a. True b. False
8. An attorney may not object to a question that has been answered. The objection must always occur before the answer is given.
a. True b. False
9. An example of privileged information is information between an employer and employee.
b. False
10. Hearsay evidence may be allowed in certain circumstances.
a. True b. False
Chapter 13