Appeals Self-Quiz

 

 

 

 

 

 

 

An appeal is the process by which:
Choice 1 A party, who loses at the trial court level, seeks to reverse the trial court’s decision in an appellate level court.
Choice 2 A party, who wins at the trial court level, seeks to enforce the trial court’s decision in an appellate level court.
Choice 3 A party, who has its case dismissed at the trial court, seeks to introduce new evidence in an appellate level court.
Choice 4 A party, who loses at the trial court level, seeks to seek disciplinary action against the presiding trial court judge in an appellate level court.
An appeal permits a party to seek:
Choice 1 Reconsideration of a proper judgment made by the trial court judge.
Choice 2 Reconsideration of an improper judgment made by the trial court judge.
Choice 3 Rehearing of new evidence and legal theories presented by plaintiff.
Choice 4 Reconsideration by the trial court judge of its earlier decision.
If an appellate court finds that the lower court judge committed harmless error, the appellate court judge will:
Choice 1 Remand the case back to the lower court for reconsideration.
Choice 2 Remand the case back to the lower court and allow both sides to present arguments.
Choice 3 Permit the appellate court judge to hear the arguments for both sides and render its own decision.
Choice 4 Affirm the judgment of the lower court judge.
Joe, the plaintiff, brought a lawsuit against Frankie, the defendant, in New York Supreme Court (which is the trial court in New York). Joe suffered damage to his perfectly manicured lawn when Frankie negligently allowed his lawnmower to mow over Joe’s special begonias. Frankie argued that the begonias were improperly planted on Frankie’s side of the property line. Joe’s attorney filed the lawsuit in New York Supreme Court on March 1, 2003. Both sides presented arguments and supporting evidence denying the culpability of their clients on April 3, 2003. Frankie’s attorney had a bad feeling that the judge would render a judgment favoring Joe, and decided to preemptively file an appeal in the proper Appellate Division of the New York judicial system. The judge, not knowing of Frankie’s attorney’s appeal, filed its decision on April 15, 2003. Was Frankie’s attorney’s appeal proper?
Choice 1 Yes, because Frankie’s attorney had noticed that the judge was overruling his objections and knew that he was going to lose.
Choice 2 Yes, because Frankie’s attorney is permitted to file an appeal prior to the judge’s decision.
Choice 3 No, because Frankie’s attorney failed to wait for the judge’s final decision before proceeding to appeal.
Choice 4 No, because Frankie’s attorney failed to realize that he had an unlimited time to appeal and could appeal at any time after the judge rendered its verdict.
Theodora had filed a lawsuit against Robert for negligence under federal sidewalk shoveling laws. After a sudden ice storm in April 2003, Theodora had been walking to Robert’s front door when she suddenly slipped on an ice patch and fell, breaking her wrist. Evidence at trial was presented by both sides and the trial court judge’s judgment fell in favor of Robert. The trial court’s judgment was finalized on July 3, 2003. Theodora, steamed by the unfavorable result, calculated her next strategy. Her attorney discovered that testimony offered by an expert should not have been heard and, had it not been admitted into evidence, the outcome would have been reversed in favor of Theodora. On December 1, 2003, Theodora’s attorney filed an appeal with the proper federal appellate court. Is Theodora’s appeal proper?
Choice 1 Yes, because the trial court’s judgment was final.
Choice 2 No, because the 30-day period during which Theodora could appeal had lapsed.
Choice 3 Yes, because the error was not harmless.
Choice 4 No, because the errant introduction of expert testimony cannot be the basis for an appeal.

Carol brought a lawsuit against Pat in federal court. The lawsuit was based on a dispute over the ownership and control of a patent for cell phone batteries. Each party claimed that they were the proper owner of the patent. During the trial, Carol’s attorney presented numerous falsified documents indicating that Carol was the rightful owner of the patent. Pat, knowing that the documents were fabricated, alerted his attorney that they were false and that he had proof supporting his statements. Pat’s attorney assured his client that he could raise the objection later on in trial, but never did. The federal district court ruled against Pat, and Pat’s attorney brought an appeal. Should the federal Court of Appeals hear the case?
Choice 1 No, because Pat’s attorney failed to raise his objections in the district court and they were not recorded on the trial record.
Choice 2 Yes, because Pat’s attorney determined that if he had not raised his objection at that time he could raise it in his appellate brief.
Choice 3 Yes, because even if Pat’s attorney failed to raise his objection, Carol’s attorney should have realized that the documents were fake and not introduced them.
Choice 4 No, because Pat’s attorney mishandled the case by improperly representing his client.
Paul sued Fred in Texarkana for damages related to a breach of contract. The trial court, after hearing evidence which overwhelmingly favored Paul, ruled in Paul’s favor. However, Fred had objected in a timely fashion during the trial when the judge improperly admitted evidence of a late payment required by the contract. Fred’s attorney appealed the trial court’s judgment based on this error. Should the appellate court hear Fred’s appeal?
Choice 1 No, because Fred’s attorney did not vehemently object to the trial court judge’s error.
Choice 2 No, because the trial court judge’s error was a harmless error.
Choice 3 Yes, because the trial court judge’s error was not a harmless error.
Choice 4 Yes, because the trial court judge’s error should have been corrected immediately after the objection was made.

Theresa had filed a lawsuit against Sophia for damages when Sophia failed to pay her rent for one year. Theresa’s attorney had submitted overwhelming evidence that Sophia had repeatedly promised to pay and had failed to do so. In addition, Sophia had the ability to pay her rent in full throughout the year in question. Sophia failed to provide any evidence that would support her innocence. However, during the trial, improper evidence had been submitted regarding Sophia’s financial statements. In fact, the trial court admitted evidence demonstrating Sophia’s yearly salary to be lower than it actually was. The trial court clearly made an error in allowing this information into the trial record, and Sophia objected in a timely manner. Sophia’s attorney filed an appeal based on this error. Should the appellate court hear the appeal?
Choice 1 Yes, because the trial court made a final judgment and an objection was noted on the trial record.
Choice 2 Yes, because the trial court erred in allowing into evidence the incorrect financial statements.
Choice 3 No, because Sophia’s attorney could have prevented the admission of the incorrect financial statement.
Choice 4 No, because the error was harmless and would not affect the outcome of the trial court’s judgment.
When an appellate court is reviewing a lower court decision, it does not consider which of the following?
Choice 1 Observations of the lower court judge or jury of the testimony of witnesses.
Choice 2 Ability of the lower court judge to observe and judge the trial’s evidence and legal arguments as a whole.
Choice 3 Ability of the appellate court’s greater expertise in rendering decisions on the law.
Choice 4 Observations of the lower court judge or jury of the presentation of physical evidence.
The U.S. Supreme Court does not have jurisdiction to review what type of cases?
Choice 1 Issues of law based on treaties between the U.S. and foreign governments.
Choice 2 Conflicting interpretations of federal statutory law.
Choice 3 Conflicting interpretations of state law and federal statutory law and treaties.
Choice 4 Issues of state law.

© 2003 - 2018 National Paralegal College