| Judge, Jury, & Executioner |
| #1 |
In a bench trial, whose job is it to determine the appropriate law to be applied in the case? |
Judge |
| #2 |
In a jury trial, whose job is it to determine the appropriate law to be applied in the case? |
Judge |
| #3 |
In a bench trial, whose job is it to determine the facts of the case? |
Judge |
| #4 |
In a jury trial, whose job is it to determine the facts of the case? |
Jury |
| #5 |
What is an unacceptable reason to use a peremptory challenge on a juror? |
Juror's race |
| Dispute Resolution Methods |
| #1 |
Which method of dispute resolution is defined as a system whereby opposing parties present their legal conflicts before an impartial judge and/or jury? |
Adversarial System |
| #2 |
What is defined as the process by which people involved in a dispute discuss their problem and try to reach a solution acceptable to all? |
Negotiation |
| #3 |
Which method of dispute resolution is defined as the voluntary process that is facilitated by a third person who does not have the power to arrive at a final decision? |
Mediation |
| #4 |
Which method of dispute resolution is defined as one where the parties select one or more impartial persons who have the power to arrive at a final decision in order to settle a dispute? |
Arbitration |
| #5 |
In an appellate case, what is the name for a decision (a) written by a member of the majority, (b) written by a judge who agrees with the result arrived at by the majority but for different reasons, and (c) written by a judge that disagrees with the majority? |
(a) Majority Opinion (or just the Opinion), (b) Concurring Opinion, and (c) Dissenting Opinion |
| Trial Courts |
| #1 |
Which party is the first to file a civil case? |
Plaintiff |
| #2 |
Which party files a criminal case? |
Prosecutor |
| #3 |
In the federal court system, what is the name of the trial court? |
District Court |
| #4 |
In the Massachusetts state court system, what is the name of the trial court that would hear civil matters where the amount in controversy exceeds $25,000? |
Superior Court |
| #5 |
In which Massachusetts trial court would (a) guardianships be decided, and (b) matters involving leases and evictions be decided? |
(a) Probate & Family Court and (b) Housing Court |
| Appeals |
| #1 |
Which party in a criminal matter always has the right to appeal? |
Defendant |
| #2 |
Which party can appeal in a civil case? |
Either side (Plaintiff or Defendant) |
| #3 |
Within the Massachusetts state court system, what is the name of the highest appeals court? |
Massachusetts Supreme Judicial Court |
| #4 |
What is the main function of an appeals court? |
Review rulings of law made by the trial judge |
| #5 |
Give two examples of procedural errors that might give rise to an appeal. |
Judge allowed impermissible evidence that should have been excluded; Judge made an error of law; Judge gave faulty jury instructions, Judge allowed a jury to misapply a law |
