CHAPTER 1{LATEST 2026 -2027 update}
QUESTIONS AND ANSWERS 100%
CORRECT
Directed Verdict - correct answer Takes the case away from the jury and provides a
judgment to one party before the jury gets a chance to decide the case.
>may be made by either party
>Usually occurs after the other party has presented their evidence
>asserts that the evidence leads to only one result and need not be considered by the
jury
Judgement not withstanding the verdict (JNOV) - correct answer the device for when
one party wins a judgement even after the jury has reached a verdict against that
party; usually cannot happen unless the moving party previously moved for a directed
verdict.
,-judges hate this because it questions legal system and calls jury stupid, yet it is an
option for the plaintiff after the judge gives a verdict.
Structure of State and Federal Courts: - correct answer STATE COURTS:
Trial Court- has trials
Appellate Court- only look at record for procedural or substantive errors
State Supreme Court
FEDERAL COURTS:
District (the federal level trial court)
Circuit
Supreme
Process for a civil case: - correct answer 1) Jury Selection Phase- attorneys pick who
they want on jury (using legal realism)
,2) Opening Statement- plaintiff opens
3) Witnesses and Cases
4) Plaintiff rests >the defendant now has the option for a motion for a directed verdict,
which is made possible if the plaintiff didn't carry the burden of proof.
5) Defendant presents their case
6) Witnesses- plaintiff can cross examine
7) Defense Resents
8) plaintiff can ask for a directed verdict (although it is rarely granted)
9) Closing Statements
10) Judge gives a verdict
Motion for Default Judgement - correct answer defendant doesn't show up
Res Judicata - correct answer A judge doesn't have to hear your case again
, Ordinary Prudence - correct answer the typical, reasonable amount of care a normal
person would give.
4 elements of negligence - correct answer 1) The defendant owed a duty of care to the
plaintiff
2) The defendant committed a breach of this duty
3) This breach was the actual and proximate cause of injury experienced by the
plaintiff
-Proximate Cause: was there a foreseeable risk or result?
-Cause in Fact: uses but for test, which questions if the plaintiff would've been harmed
if it weren't for the defendant.
4) There is some sort of injury whether it be mental, physical, or to property.
due care and due diligence - correct answer related to duty (negligence)