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Foundations of Law
Civil Litigation
Post-Trial Practice; Appeals; Class Actions
Appeals

Question 1

An appeal is the process by which:

A party, who loses at the trial court level, seeks to reverse the trial court's decision in an appellate level court.

Correct A party unhappy with the outcome of an action will attempt to have the outcome changed through an appeal.

Incorrect! A party unhappy with the outcome of an action will attempt to have the outcome changed through an appeal.

A party, who wins at the trial court level, seeks to enforce the trial court's decision in an appellate level court.

Correct

Incorrect!

A party, who has its case dismissed at the trial court, seeks to introduce new evidence in an appellate level court.

Correct

Incorrect!

A party, who loses at the trial court level, seeks to seek disciplinary action against the presiding trial court judge in an appellate level court.

Correct

Incorrect!

Question 2

An appeal permits a party to seek:

Reconsideration of a proper judgment made by the trial court judge.

Correct

Incorrect!

Reconsideration of an improper judgment made by the trial court judge.

Correct To appeal, a party must make the argument that the trial court judge erred in some way. A party may not appeal a judgment that was proper. If the judgment is proper, the higher court will not change it, so appealing such a proper judgment is moot. Therefore, (b) is the correct answer.

Incorrect! To appeal, a party must make the argument that the trial court judge erred in some way. A party may not appeal a judgment that was proper. If the judgment is proper, the higher court will not change it, so appealing such a proper judgment is moot. Therefore, (b) is the correct answer.

Rehearing of new evidence and legal theories presented by plaintiff.

Correct

Incorrect!

Reconsideration by the trial court judge of its earlier decision.

Correct

Incorrect!

Question 3

If an appellate court finds that the lower court judge committed harmless error, the appellate court judge will:

Remand the case back to the lower court for reconsideration.

Correct

Incorrect!

Remand the case back to the lower court and allow both sides to present arguments.

Correct

Incorrect!

Permit the appellate court judge to hear the arguments for both sides and render its own decision.

Correct

Incorrect!

Affirm the judgment of the lower court judge.

Correct Harmless error is just that ' harmless. The harmless error will not affect the judgment. Because retrying an action in which an error occurred, that is, an error that had no effect on the judgment, is a waste of precious judicial resources, the court will not remand the case and will affirm the judgment of the lower court. What the appellate court may do, however, is explain why the error was an error so that future courts do not make the same mistake. Therefore, the answer is (d).

Incorrect! Harmless error is just that ' harmless. The harmless error will not affect the judgment. Because retrying an action in which an error occurred, that is, an error that had no effect on the judgment, is a waste of precious judicial resources, the court will not remand the case and will affirm the judgment of the lower court. What the appellate court may do, however, is explain why the error was an error so that future courts do not make the same mistake. Therefore, the answer is (d).

Question 4

Joe, the plaintiff, brought a lawsuit against Frankie, the defendant, in New York Supreme Court (which is the trial court in New York). Joe suffered damage to his perfectly manicured lawn when Frankie negligently allowed his lawnmower to mow over Joe's special begonias. Frankie argued that the begonias were improperly planted on Frankie's side of the property line. Joe's attorney filed the lawsuit in New York Supreme Court on March 1, 2003. Both sides presented arguments and supporting evidence denying the culpability of their clients on April 3, 2003. Frankie's attorney had a bad feeling that the judge would render a judgment favoring Joe, and decided to preemptively file an appeal in the proper Appellate Division of the New York judicial system. The judge, not knowing of Frankie's attorney's appeal, filed its decision on April 15, 2003. Was Frankie's attorney's appeal proper?

Yes, because Frankie's attorney had noticed that the judge was overruling his objections and knew that he was going to lose.

Correct

Incorrect!

Yes, because Frankie's attorney is permitted to file an appeal prior to the judge's decision.

Correct

Incorrect!

No, because Frankie's attorney failed to wait for the judge's final decision before proceeding to appeal.

Correct A party may not appeal a judgment before it happens. The reason for this is because if, by chance, the judgment is in their favor, the appeal will waste precious judicial resources and everyone's time. Plus, there will be nothing to appeal. Therefore, (c) is the correct answer.

Incorrect! A party may not appeal a judgment before it happens. The reason for this is because if, by chance, the judgment is in their favor, the appeal will waste precious judicial resources and everyone's time. Plus, there will be nothing to appeal. Therefore, (c) is the correct answer.

No, because Frankie's attorney failed to realize that he had an unlimited time to appeal and could appeal at any time after the judge rendered its verdict.

Correct

Incorrect!

Question 5

Theodora had filed a lawsuit against Robert for negligence under federal sidewalk shoveling laws. After a sudden ice storm in April 2003, Theodora had been walking to Robert's front door when she suddenly slipped on an ice patch and fell, breaking her wrist. Evidence at trial was presented by both sides and the trial court judge's judgment fell in favor of Robert. The trial court's judgment was finalized on July 3, 2003. Theodora, steamed by the unfavorable result, calculated her next strategy. Her attorney discovered that testimony offered by an expert should not have been heard and, had it not been admitted into evidence, the outcome would have been reversed in favor of Theodora. On December 1, 2003, Theodora's attorney filed an appeal with the proper federal appellate court. Is Theodora's appeal proper?

Yes, because the trial court's judgment was final.

Correct

Incorrect!

No, because the 30-day period during which Theodora could appeal had lapsed.

Correct In most jurisdictions, a party has a 30-day period during which an appeal may be taken. In rare instances, there may be exceptions to this rule, but because the fact pattern does not allude to any exception, the answer is (b).

Incorrect! In most jurisdictions, a party has a 30-day period during which an appeal may be taken. In rare instances, there may be exceptions to this rule, but because the fact pattern does not allude to any exception, the answer is (b).

Yes, because the error was not harmless.

Correct

Incorrect!

No, because the errant introduction of expert testimony cannot be the basis for an appeal.

Correct

Incorrect!

Question 6

Carol brought a lawsuit against Pat in federal court. The lawsuit was based on a dispute over the ownership and control of a patent for cell phone batteries. Each party claimed that they were the proper owner of the patent. During the trial, Carol's attorney presented numerous falsified documents indicating that Carol was the rightful owner of the patent. Pat, knowing that the documents were fabricated, alerted his attorney that they were false and that he had proof supporting his statements. Pat's attorney assured his client that he could raise the objection later on in trial, but never did. The federal district court ruled against Pat, and Pat's attorney brought an appeal. Should the federal Court of Appeals hear the case?

No, because Pat's attorney failed to raise his objections in the district court and they were not recorded on the trial record.

Correct The reason attorneys object on the record is so that the appellate court will know that the party did not concede to the improper question, discovery, etc. In other words, an objection on the record indicates that the party did not waive any objection it may have to something that went on during the action. Because the appellate court reviews the record created at the trial level, if the objection is not in the record, the court, barring any gross miscarriage of justice, will consider the objection waived.

Incorrect! The reason attorneys object on the record is so that the appellate court will know that the party did not concede to the improper question, discovery, etc. In other words, an objection on the record indicates that the party did not waive any objection it may have to something that went on during the action. Because the appellate court reviews the record created at the trial level, if the objection is not in the record, the court, barring any gross miscarriage of justice, will consider the objection waived.

Yes, because Pat's attorney determined that if he had not raised his objection at that time he could raise it in his appellate brief.

Correct

Incorrect!

Yes, because even if Pat's attorney failed to raise his objection, Carol's attorney should have realized that the documents were fake and not introduced them.

Correct

Incorrect!

No, because Pat's attorney mishandled the case by improperly representing his client.

Correct

Incorrect!

Question 7

Paul sued Fred in Texarkana for damages related to a breach of contract. The trial court, after hearing evidence which overwhelmingly favored Paul, ruled in Paul's favor. However, Fred had objected in a timely fashion during the trial when the judge improperly admitted evidence of a late payment required by the contract. Fred's attorney appealed the trial court's judgment based on this error. Should the appellate court hear Fred's appeal?

No, because Fred's attorney did not vehemently object to the trial court judge's error.

Correct

Incorrect!

No, because the trial court judge's error was a harmless error.

Correct Again, harmless error does not affect the outcome of the action. Therefore, there is nothing to appeal, and (b) is the correct answer.

Incorrect! Again, harmless error does not affect the outcome of the action. Therefore, there is nothing to appeal, and (b) is the correct answer.

Yes, because the trial court judge's error was not a harmless error.

Correct

Incorrect!

Yes, because the trial court judge's error should have been corrected immediately after the objection was made.

Correct

Incorrect!

Question 8

Theresa had filed a lawsuit against Sophia for damages when Sophia failed to pay her rent for one year. Theresa's attorney had submitted overwhelming evidence that Sophia had repeatedly promised to pay and had failed to do so. In addition, Sophia had the ability to pay her rent in full throughout the year in question. Sophia failed to provide any evidence that would support her innocence. However, during the trial, improper evidence had been submitted regarding Sophia's financial statements. In fact, the trial court admitted evidence demonstrating Sophia's yearly salary to be lower than it actually was. The trial court clearly made an error in allowing this information into the trial record, and Sophia objected in a timely manner. Sophia's attorney filed an appeal based on this error. Should the appellate court hear the appeal?

Yes, because the trial court made a final judgment and an objection was noted on the trial record.

Correct

Incorrect!

Yes, because the trial court erred in allowing into evidence the incorrect financial statements.

Correct

Incorrect!

No, because Sophia's attorney could have prevented the admission of the incorrect financial statement.

Correct

Incorrect!

No, because the error was harmless and would not affect the outcome of the trial court's judgment.

Correct This is a case in which the error committed by the trial court is almost certainly harmless. The issue in the case was whether Sophia owed the back rent, not what her yearly salary was. At best, the issue of Sophia's salary is a peripheral issue of minor relevance. The error of allowing in the information probably had no impact on the verdict. Therefore, allowing it in was harmless error.

Incorrect! This is a case in which the error committed by the trial court is almost certainly harmless. The issue in the case was whether Sophia owed the back rent, not what her yearly salary was. At best, the issue of Sophia's salary is a peripheral issue of minor relevance. The error of allowing in the information probably had no impact on the verdict. Therefore, allowing it in was harmless error.

Question 9

When an appellate court is reviewing a lower court decision, it does not consider which of the following?

Observations of the lower court judge or jury of the testimony of witnesses.

Correct

Incorrect!

Ability of the lower court judge to observe and judge the trial's evidence and legal arguments as a whole.

Correct

Incorrect!

Ability of the appellate court's greater expertise in rendering decisions on the law.

Correct

Incorrect!

Observations of the lower court judge or jury of the presentation of physical evidence.

Correct

Incorrect!

Question 10

The U.S. Supreme Court does not have jurisdiction to review what type of cases?

Issues of law based on treaties between the U.S. and foreign governments.

Correct

Incorrect!

Conflicting interpretations of federal statutory law.

Correct

Incorrect!

Conflicting interpretations of state law and federal statutory law and treaties.

Correct

Incorrect!

Issues of state law.

Correct The U.S. Supreme Court does not have jurisdiction to review state law. The state courts have jurisdiction to review state law. If the state law concerns a federal issue (e.g. discrimination or whether a state law is constitutional), the U.S. Supreme Court may review it. Otherwise, the U.S. Supreme Court has no jurisdiction, and (d) is the correct answer.

Incorrect! The U.S. Supreme Court does not have jurisdiction to review state law. The state courts have jurisdiction to review state law. If the state law concerns a federal issue (e.g. discrimination or whether a state law is constitutional), the U.S. Supreme Court may review it. Otherwise, the U.S. Supreme Court has no jurisdiction, and (d) is the correct answer.

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