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Exam 12: Post-Trial Practice From Motions to Appeal

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Question 71

True/False

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Federal Rules of Appellate Procedure 28, 30, and 32 cover writing appellate briefs.

A) True
B) False

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Question 72

Multiple Choice

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Under the federal rules, post-trial motions must be filed within days after judgment.

A) five
B) ten
C) twenty
D) thirty

E) A) and B)
F) A) and C)

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Question 73

Multiple Choice

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When a judgment is entered and recorded, in most jurisdictions, it is good

A notice of lis pendens protects property from being claimed by the judgment creditor.

Assume for purposes of this assignment that, contrary to the weight of the evidence, the jury returned a verdict against Sean Coleman. The areas that you believe the jury ignored are (a) that the design of the motorbike was faulty, and (b) that defendants offered no evidence whatsoever that Mr. Coleman was careless or contributed in any way to the accident. Using your state form, prepare the appropriate motion(s) to the trial court.

An experienced paralegal can assume the role of appeals manager.

In what areas is a paralegal's assistance especially effective in appeals practice?

When are plaintiffs allowed to seize defendants' property before a trial?

Jewelry is classified as

Up to 25 percent of disposable earnings can be garnished.

Federal Rule 54(d) and parallel state rules provide that costs shall be awarded

Research the forms and procedures for garnishment in your state. Make a checklist and place it and copies of or references to the appropriate forms in your systems folder.

Place a page reference or copy of the Checklist for Federal Appellate Procedure (Appellant) in your systems folder. Research appellate procedure for your state and make a separate state appellate checklist for your systems folder. Verify appellate time requirements in the Motions, Pleadings, and Time Limits exhibit and add state time limits. Additionally, place page references or a copy of the skeletal appellate brief in your systems folder. Enter applicable rule references. Research the format of an appellate brief for your state. Include a copy in your systems folder plus references to rules on the required format.

Substituting your circuit number for the 6 in the Web site in Internet Assignment 1, what helpful information is available for appellate practice in your circuit?

Most appeals are unsuccessful.

The purpose of a prejudgment remedy is to

Under your state court rules of civil procedure, when can a party file a bill of costs? What must be asserted and shown?

Identify the different standards of review and how they are applied.

What are the key components of an oral argument notebook?

Motions to have a judgment set aside must be filed right after the verdict is read.