?List and define the post trial motions that are used. Explain when each post trial motion would be used.
What will be an ideal response?
The post trial motions that are available include:•Motion for judgment notwithstanding the verdict-This motion requests that the court grant judgment in favor of the party making the motion on the ground that the jury verdict against him or her was unreasonable or erroneous. A prerequisite to a motion for a judgment notwithstanding the verdict is that a directed verdict motion must have been made and denied during trial. This motion may be made if an attorney believes that a verdict rendered against his or her client is not supported by the evidence. (In the federal courts, this motion is called a motion for judgment as a matter of law.)•Motion for a new trial-This is a motion asserting that the trial was so fundamentally flawed (because of error, newly discovered evidence, prejudice, or other reason) that anew trial is needed to prevent a miscarriage of justice. Because such a motion reflects adversely on the way in which the judge conducted the trial, it should be filed only if the attorney truly believes that a miscarriage of justice will otherwise result. For a motion fora new trial to have a reasonable chance of being granted, the motion must allege such serious problems as jury misconduct, prejudicial jury instructions, excessive or inadequate damages, or the existence of newly discovered evidence.?
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A(n) __________ is a written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation
a. Signed statement b. Affidavit c. Allegation d. Prayer for relief
The ________ prohibits reporting inaccurate or incomplete information on the client's credit report
Fill in the blank(s) with correct word
Andy is convicted of committing a misdemeanor. He is punished by incarceration for six months. He will serve his time in:
a. A federal prison b. A local jail c. A state prison d. A federal work facility
John is out driving one night and is pulled over when he fails to stay within his own lane of traffic. The officer asks John if he has had anything to drink and John says, “No.” The officer has John perform some roadside sobriety tests, and John fails them all. The officer tells John that he wants him to take a breath test and John refuses. Can John be charged with driving under the influence?
a. No, because there was no breath test to confirm alcohol in his system. b. No, because the officer has to arrest John before asking for the test. c. Yes, because John failed the roadside sobriety tests and the officer believes that John is intoxicated. d. Yes, because John has admitted to the crime.