2. Generally, appellate courts do not have:

a) Oral Argument on appeals, but rather issue their decisions based solely on the written briefs of parties appealing a case;

b) The right to remand a case to the District Court;

c) Original Jurisdiction to hear the case;

d) The ability to review a transcript from the District Court that originally heard the case being appealed;

e) b &d

Small Claims Courts are Courts that include the following:

a) They are Courts that generally hear civil contract disputes where the Plaintiff is requesting damages of a relatively smaller number, such as below $5000.00, but the Plaintiff must have an attorney representing him and the standard for a civil case in Small Claims Courts is clear and convincing standard.

b) They are Courts that generally hear civil contract disputes where the Plaintiff is requesting damages of a relatively smaller number, such as below $5000.00, but the Plaintiff must have an attorney representing him and the standard for a civil case in Small Claims Courts is by a preponderance of the evidence.

c) They are Courts that generally hear civil contract disputes where the Plaintiff is requesting damages of a relatively smaller number, such as below $5000.00, but the Plaintiff must have an attorney represent him, however the Defendant may choose whether to have an attorney because the Defendant is being sued and the standard for a civil case for Small Claims is clear and convincing standard.

d) They are Courts that generally hear civil contract disputes where the Plaintiff is requesting damages of a relatively smaller number, such as below $5000.00, but the Plaintiff does not need to have an attorney represent him and the standard for a civil case for Small Claims Courts is by a preponderance of the evidence.

The State of Utah is prosecuting Jim Brown for allegedly trespassing on Federal property on or about May 15, 2020. Jim is charged with illegal trespassing, a Class B misdemeanor. The case is set for trial before a Jury. 30 people are summoned to appear before the Court to determine selection of 8 people to serve on the jury. In addition, the prosecutors of Utah County are requesting that Mr. Browns prior conviction of assault be introduced at trial before the Jury to demonstrate that Mr. Brown has a history of committing crimes. Mr. Brown opposes that his prior conviction of assault should be introduced before the Jury at trial. The following facts are true:

a) Summoning potential jury members for trial and interviewing those jury members is called Voir Dire; The issue of whether Mr. Brown trespassed on Federal property is a question of fact. The issue of whether Mr. Browns prior conviction of assault should be introduced to the jury is a question of law. Both the issues of questions of fact and questions of law must be determined by the jury.

b) Summoning potential jury members for trial and interviewing those jury members is called the Process of Certiorari; The issue of whether Mr. Brown trespassed on Federal property is a question of law. The issue of whether Mr. Browns prior conviction of assault should be introduced to the jury is also a question of law. Both issues must be determined by the jury.

c) Summoning potential jury members for trial and interviewing those jury members is called a Certiorari Voir Dire Process; The issue of whether Mr. Brown trespassed on Federal property is a question of law; The issue of whether Mr. Browns prior conviction of assault should be introduced to the jury is also a question of law. Both questions of law must be determined by the Judge.

d) Summoning potential jury members for trial and interviewing those jury members is called Voir Dire. The issue of whether Mr. Brown trespassed on Federal property is a question of fact. The issue of whether Mr. Browns prior conviction of assault should be introduced to the jury is a question of law. The Judge overseeing the Trial will determine the issue of law. The jury hearing the trial will determine the issue of fact.

5. According to the book, a certain percentage of civil lawsuits are settled prior to trial, which percentage is:

a) 50%

b) 90%

c) 95%

d) 80%

e) 60%

A ________ ______ ________________ is an Order issued by the Supreme Court to a lower Court requiring the latter to send it the record of the case for review