Exam 2: Overview of a Tort Case

To rebut a motion for summary judgment, a party must merely allege that a factual dispute does indeed exist.

A complaint must establish the basis for the court's jurisdiction.

A jury that is asked to deliver a general verdict must provide answers to interrogatories in addition to rendering a verdict.

One of the reasons behind a pretrial conference is to clarify the issues and defenses to be raised at trial.

Attorneys give relatively little attention to jury instructions because they have little impact on the outcome of a case.

If a party believes that the opposing party has failed to meet its burden of proof at trial, it will move for a summary judgment.

An attorney has an unlimited number of peremptory challenges.

In what circumstances might one opt to take a deposition?

The majority of jurors decide the outcome of a case during opening statements.

An attorney gives an overview of his or her case and establishes the theme for the case during , and tries to persuade the jury to find in his or her client's behalf during .

The purpose of a is to promote settlement of cases and to make arrangements for the orderly presentation of witnesses and exhibits.

What is the purpose of making a motion for a directed verdict?

One purpose of discovery is to promote the equitable settlement of cases.

A party can file a motion when the opposing party requests information that is privileged and can file a motion when the opposing party refuses to reveal discoverable information.

In what circumstances might one opt to use interrogatories?

During a process known as , the judge instructs the jury on the rules of law to be applied after which the jury will be requested to render a or verdict.

Once all appeals have been considered and completed, any issues litigated are considered , in that they cannot be relitigated at a later date.

are written questions submitted to an opposing party, while a(n) is an oral examination of a witness under oath.

What is the difference between a general verdict and a special verdict?

If a defendant raises a(n) defense, he or she has the burden of proving that defense.