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Question 1
Under the Seventh Amendment of the United States Constitution, there is:
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Correct Under the Seventh Amendment of the United States Constitution, there is a right to a jury trial where the value in controversy is over twenty dollars.
Incorrect! Under the Seventh Amendment of the United States Constitution, there is a right to a jury trial where the value in controversy is over twenty dollars.
Correct
Incorrect!
Question 2
The purpose of voir dire is:
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Correct The purpose of voir dire is to allow the attorneys to learn background information about each potential juror, including possible prejudices that may influence the juror's decision making process. Each attorney is allowed to pose questions of each juror (or the judge may ask questions submitted by the attorneys) to learn if the juror's education, background, career, or other event may predispose the juror to make a particular judgment and prohibit the juror from making a decision based on evidence provided by the plaintiff and defendant during trial.
Incorrect! The purpose of voir dire is to allow the attorneys to learn background information about each potential juror, including possible prejudices that may influence the juror's decision making process. Each attorney is allowed to pose questions of each juror (or the judge may ask questions submitted by the attorneys) to learn if the juror's education, background, career, or other event may predispose the juror to make a particular judgment and prohibit the juror from making a decision based on evidence provided by the plaintiff and defendant during trial.
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Question 3
During jury selection, Rich, the attorney for the plaintiff, argues that Mike, the attorney for the defendant, only has three preemptory challenges and three challenges for cause. Mike argues that Rich has misstated the general law. To clarify the general law, what will the Judge state in response?
Correct Jury selection rules traditionally allow an unlimited number of challenges for cause, but a limited number of preemptory challenges. Challenges for cause are challenges for which an attorney has good cause to dismiss the potential juror for the jury pool. Preemptory challenges are challenges where the attorney wishes to dismiss the juror for any reason, even no reason at all. Many jurisdictions tend to limit the number of preemptory challenges in its rules of civil procedure.
Incorrect! Jury selection rules traditionally allow an unlimited number of challenges for cause, but a limited number of preemptory challenges. Challenges for cause are challenges for which an attorney has good cause to dismiss the potential juror for the jury pool. Preemptory challenges are challenges where the attorney wishes to dismiss the juror for any reason, even no reason at all. Many jurisdictions tend to limit the number of preemptory challenges in its rules of civil procedure.
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Question 4
Bob and Sue are engaged in a lawsuit in the state of Texarkana regarding the ownership of a piece of real property. During the jury selection process, attorneys for both sides interviewed prospective jurors, Jane, Justine, and Joey. The Texarkana rules of civil procedure permit the use of one preemptory challenge and an unlimited number of challenges for cause. Questioning revealed the following information regarding each prospective juror: Jane is Bob's best friend's wife. Justine is a former employee of Bob. Joey is a college graduate who is looking for a job. Sue's attorney is seeking to make her challenges to Jane, Justine and Joey as jurors. Which of the following choices is the best use of the available challenges under the Texarkana rules of civil procedure?
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Correct Sue's attorney may use challenges for cause to dismiss Jane and Justine. Both Jane and Justine have personal or professional connections with Bob, and therefore may be predisposed to favoring Bob during the trial. Since the Texarkana jurisdiction has an unlimited number of challenges for cause, it would be best for Sue's attorney to use those challenges where possible. Sue's attorney may use her preemptory challenge to dismiss Joey, though it is not necessarily in her best interests to do so. Joey's background does not indicate that there is any potential conflict with the ongoing case. However, if there was an alternative juror who would better suit their needs (for instance, if they were looking for a female juror to prevent an all male jury), then Sue's attorney may exercise her preemptory challenge.
Incorrect! Sue's attorney may use challenges for cause to dismiss Jane and Justine. Both Jane and Justine have personal or professional connections with Bob, and therefore may be predisposed to favoring Bob during the trial. Since the Texarkana jurisdiction has an unlimited number of challenges for cause, it would be best for Sue's attorney to use those challenges where possible. Sue's attorney may use her preemptory challenge to dismiss Joey, though it is not necessarily in her best interests to do so. Joey's background does not indicate that there is any potential conflict with the ongoing case. However, if there was an alternative juror who would better suit their needs (for instance, if they were looking for a female juror to prevent an all male jury), then Sue's attorney may exercise her preemptory challenge.