Question 1

Define
-writ of prohibition

Accepted Answer

A writ issued by an appellate court dire...

Question 2

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

Accepted Answer

A)   30; 30
B)   30; 40
C)   40; 30
D)   40; 40E) A) and D)
F) A) and B)

Question 3

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

Accepted Answer

The appellee may ask the appellant to in...

Question 4

Define
-en banc hearing

Accepted Answer

An appellate court h...

Question 5

What are the grounds for filing an amicus curiae brief?

Accepted Answer

A person must have a significa...

Question 6

What is included in the contents of a typical "appendix to appellant's brief "?

Accepted Answer

The appendix consists of the pleadings a...

Question 7

If necessary, a reply brief may be used to advance new issues or new arguments.

Accepted Answer

A) True 
 B)False

Question 8

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

Accepted Answer

A) True 
 B)False

Question 9

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or
legal issue, what steps, if any, may the losing party take?

Accepted Answer

The remedy available to the lo...

Question 10

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

Accepted Answer

A)   error in the trial court's procedures.
B)   the trial court's misstatement of the law.
C)   the trial court's misapplication of the law.
D)   the jury should have reached a different verdict because the jury appar- ently believed the wrong evidence.E) C) and D)
F) B) and C)

Question 11

Costs are always awarded to the prevailing party.

Accepted Answer

A) True 
 B)False  False

Question 12

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

Accepted Answer

A)   10
B)   20
C)   30
D)   90E) None of the above
F) B) and D)

Question 13

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Accepted Answer

A) True 
 B)False

Question 14

How does a remand differ from a reversal?

Accepted Answer

An appellate court may reverse the trial...

Question 15

Define
-supersedeas bond

Accepted Answer

A bond that the appellant must file with...

Question 16

Define
-writ of mandamus

Accepted Answer

An order or writ which is issued by a court of superior jurisdiction and is directed to a governmental officer or to an inferior court, commanding the performance of a particular act which is specified in the writ. The basis for the writ is that the officer or judge has a duty to perform the act or duty and has neglected to do it or has refused to do it. A writ of mandamus may direct a lower court to restore to the complainant legal rights or privileges of which he or she has been illegally deprived.

Question 17

What are the principal limitations on an appellant's reply brief?

Accepted Answer

The reply brief must deal only...

Question 18

An appellant initiates an appeal by serving and filing a writ of certiorari.

Accepted Answer

A) True 
 B)False

Question 19

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Accepted Answer

An appellate matter may raise an issue o...

Question 20

Define
-remand

Accepted Answer

An appellate court remands a case for a new trial or further consideration if it finds that the trial court committed an error that may have affected the outcome of the case.

Exam 21: Appeals

Define -writ of prohibition

Correct Answer
verified
A writ issued by an appellate court dire...
View Answer

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

Correct Answer
verified

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

Correct Answer
verified
The appellee may ask the appellant to in...
View Answer

Define -en banc hearing

Correct Answer
verified
An appellate court h...
View Answer

What are the grounds for filing an amicus curiae brief?

Correct Answer
verified
A person must have a significa...
View Answer

What is included in the contents of a typical "appendix to appellant's brief "?

Correct Answer
verified
The appendix consists of the pleadings a...
View Answer

If necessary, a reply brief may be used to advance new issues or new arguments.

Correct Answer
verified

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

Correct Answer
verified

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or legal issue, what steps, if any, may the losing party take?

Correct Answer
verified
The remedy available to the lo...
View Answer

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

Correct Answer
verified

Costs are always awarded to the prevailing party.

Correct Answer
verified
False

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

Correct Answer
verified

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Correct Answer
verified

How does a remand differ from a reversal?

Correct Answer
verified
An appellate court may reverse the trial...
View Answer

Define -supersedeas bond

Correct Answer
verified
A bond that the appellant must file with...
View Answer

Define -writ of mandamus

What are the principal limitations on an appellant's reply brief?

Correct Answer
verified
The reply brief must deal only...
View Answer

An appellant initiates an appeal by serving and filing a writ of certiorari.

Correct Answer
verified

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Correct Answer
verified
An appellate matter may raise an issue o...
View Answer

Define -remand

Correct Answer
verified
An appellate court remands a case for a new trial or further consideration if it finds that the trial court committed an error that may have affected the outcome of the case.

Exam 21: Appeals

Define -writ of prohibition

Correct AnswerverifiedA writ issued by an appellate court dire...View AnswerShow Answer

The appellant has days in which to prepare the appellant's brief after the original record is transmitted to the appellate court. The Rules allow the appellee days in which to reply to the appellant's brief.

Correct AnswerverifiedShow Answer

What may the appellee do if he or she wishes to have portions of the trial transcript included in the appendix to appellant's brief that the appellant does not intend to include?

Correct AnswerverifiedThe appellee may ask the appellant to in...View AnswerShow Answer

Define -en banc hearing

Correct AnswerverifiedAn appellate court h...View AnswerShow Answer

What are the grounds for filing an amicus curiae brief?

Correct AnswerverifiedA person must have a significa...View AnswerShow Answer

What is included in the contents of a typical "appendix to appellant's brief "?

Correct AnswerverifiedThe appendix consists of the pleadings a...View AnswerShow Answer

If necessary, a reply brief may be used to advance new issues or new arguments.

Correct AnswerverifiedShow Answer

Lawyers for the appellant and appellee may stipulate that certain parts of the record may be omitted for the appeal as unnecessary.

Correct AnswerverifiedShow Answer

When a party receives an adverse appellate court decision and it appears from the court's opinion that the court has overlooked some controlling fact or legal issue, what steps, if any, may the losing party take?

Correct AnswerverifiedThe remedy available to the lo...View AnswerShow Answer

The types of errors which may occur at the trial court level and provide grounds for an appeal include all but which of the following:

Correct AnswerverifiedShow Answer

Costs are always awarded to the prevailing party.

Correct AnswerverifiedFalse

The notice of appeal must be filed with the clerk of the federal district court within days after the date on which the judgment was entered.

Correct AnswerverifiedShow Answer

A party has the right to appeal from a federal district court judgment to any of the circuit courts of appeal.

Correct AnswerverifiedShow Answer

How does a remand differ from a reversal?

Correct AnswerverifiedAn appellate court may reverse the trial...View AnswerShow Answer

Define -supersedeas bond

Correct AnswerverifiedA bond that the appellant must file with...View AnswerShow Answer

Define -writ of mandamus

What are the principal limitations on an appellant's reply brief?

Correct AnswerverifiedThe reply brief must deal only...View AnswerShow Answer

An appellant initiates an appeal by serving and filing a writ of certiorari.

Correct AnswerverifiedShow Answer

Why would a person who is not a party to a suit be inclined to involve himself or herself in an appeal of that case by filing an amicus brief?

Correct AnswerverifiedAn appellate matter may raise an issue o...View AnswerShow Answer

Define -remand

Correct AnswerverifiedAn appellate court remands a case for a new trial or further consideration if it finds that the trial court committed an error that may have affected the outcome of the case.

Correct Answer
verified
A writ issued by an appellate court dire...
View Answer

Correct Answer
verified

Correct Answer
verified
The appellee may ask the appellant to in...
View Answer

Correct Answer
verified
An appellate court h...
View Answer

Correct Answer
verified
A person must have a significa...
View Answer

Correct Answer
verified
The appendix consists of the pleadings a...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The remedy available to the lo...
View Answer

Correct Answer
verified

Correct Answer
verified
False

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
An appellate court may reverse the trial...
View Answer

Correct Answer
verified
A bond that the appellant must file with...
View Answer

Correct Answer
verified
The reply brief must deal only...
View Answer

Correct Answer
verified

Correct Answer
verified
An appellate matter may raise an issue o...
View Answer

Correct Answer
verified
An appellate court remands a case for a new trial or further consideration if it finds that the trial court committed an error that may have affected the outcome of the case.