Post-Trial Motions

Description: This quiz will test your knowledge on Post-Trial Motions.
Number of Questions: 15
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Tags: law trial law post-trial motions
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What is a post-trial motion?

  1. A motion filed after a trial to challenge the verdict or judgment

  2. A motion filed before a trial to request a change of venue

  3. A motion filed during a trial to object to the admission of evidence

  4. A motion filed after a trial to request a new trial


Correct Option: A
Explanation:

A post-trial motion is a motion filed after a trial to challenge the verdict or judgment. This can be done for a variety of reasons, such as errors in the trial process, newly discovered evidence, or a belief that the verdict is not supported by the evidence.

What are some common types of post-trial motions?

  1. Motion for a new trial

  2. Motion for judgment notwithstanding the verdict

  3. Motion to alter or amend the judgment

  4. All of the above


Correct Option: D
Explanation:

Common types of post-trial motions include motion for a new trial, motion for judgment notwithstanding the verdict, and motion to alter or amend the judgment.

What is the purpose of a motion for a new trial?

  1. To request a new trial based on errors that occurred during the trial

  2. To request a new trial based on newly discovered evidence

  3. To request a new trial based on a belief that the verdict is not supported by the evidence

  4. All of the above


Correct Option: D
Explanation:

A motion for a new trial can be filed to request a new trial based on errors that occurred during the trial, newly discovered evidence, or a belief that the verdict is not supported by the evidence.

What is the purpose of a motion for judgment notwithstanding the verdict?

  1. To request the court to enter a judgment in favor of the moving party despite the jury's verdict

  2. To request the court to order a new trial

  3. To request the court to alter or amend the judgment

  4. None of the above


Correct Option: A
Explanation:

A motion for judgment notwithstanding the verdict is filed to request the court to enter a judgment in favor of the moving party despite the jury's verdict.

What is the purpose of a motion to alter or amend the judgment?

  1. To request the court to correct errors in the judgment

  2. To request the court to order a new trial

  3. To request the court to enter a judgment in favor of the moving party despite the jury's verdict

  4. None of the above


Correct Option: A
Explanation:

A motion to alter or amend the judgment is filed to request the court to correct errors in the judgment.

What is the deadline for filing a post-trial motion?

  1. 10 days after the entry of judgment

  2. 30 days after the entry of judgment

  3. 60 days after the entry of judgment

  4. 90 days after the entry of judgment


Correct Option: A
Explanation:

The deadline for filing a post-trial motion is 10 days after the entry of judgment.

What happens if a post-trial motion is granted?

  1. The court will order a new trial

  2. The court will enter a judgment in favor of the moving party

  3. The court will alter or amend the judgment

  4. Any of the above


Correct Option: D
Explanation:

If a post-trial motion is granted, the court may order a new trial, enter a judgment in favor of the moving party, or alter or amend the judgment.

What happens if a post-trial motion is denied?

  1. The judgment will become final

  2. The moving party can appeal the decision

  3. Both of the above

  4. None of the above


Correct Option: C
Explanation:

If a post-trial motion is denied, the judgment will become final and the moving party can appeal the decision.

What are some of the grounds for a motion for a new trial?

  1. Errors in the trial process

  2. Newly discovered evidence

  3. A belief that the verdict is not supported by the evidence

  4. All of the above


Correct Option: D
Explanation:

Some of the grounds for a motion for a new trial include errors in the trial process, newly discovered evidence, and a belief that the verdict is not supported by the evidence.

What are some of the grounds for a motion for judgment notwithstanding the verdict?

  1. The moving party believes that the evidence is insufficient to support the verdict

  2. The moving party believes that the court erred in its instructions to the jury

  3. The moving party believes that the verdict is against the weight of the evidence

  4. All of the above


Correct Option: D
Explanation:

Some of the grounds for a motion for judgment notwithstanding the verdict include the moving party's belief that the evidence is insufficient to support the verdict, that the court erred in its instructions to the jury, and that the verdict is against the weight of the evidence.

What are some of the grounds for a motion to alter or amend the judgment?

  1. The judgment is based on a mistake of law

  2. The judgment is based on a mistake of fact

  3. The judgment is ambiguous

  4. All of the above


Correct Option: D
Explanation:

Some of the grounds for a motion to alter or amend the judgment include the judgment being based on a mistake of law, a mistake of fact, or being ambiguous.

What is the standard of review for a post-trial motion?

  1. Abuse of discretion

  2. De novo review

  3. Clearly erroneous

  4. Plain error


Correct Option: A
Explanation:

The standard of review for a post-trial motion is abuse of discretion.

What is the burden of proof for a post-trial motion?

  1. The moving party must prove that the trial court erred

  2. The non-moving party must prove that the trial court did not err

  3. The burden of proof is the same for both parties

  4. There is no burden of proof for a post-trial motion


Correct Option: A
Explanation:

The burden of proof for a post-trial motion is on the moving party to prove that the trial court erred.

What is the time limit for appealing a post-trial motion?

  1. 30 days

  2. 60 days

  3. 90 days

  4. 120 days


Correct Option: A
Explanation:

The time limit for appealing a post-trial motion is 30 days.

What are some of the common mistakes that attorneys make when filing post-trial motions?

  1. Failing to file the motion within the deadline

  2. Failing to properly serve the motion on the opposing party

  3. Failing to include a supporting memorandum with the motion

  4. All of the above


Correct Option: D
Explanation:

Some of the common mistakes that attorneys make when filing post-trial motions include failing to file the motion within the deadline, failing to properly serve the motion on the opposing party, and failing to include a supporting memorandum with the motion.

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