Exam 3: A: Court Procedures

Discovery is the process of obtaining information from an apposing party before trial.

A deposition is sworn testimony by a party to a lawsuit or any witness.

Hearsay evidence is what someone heard someone else say.

A court of appeals hears all of the same evidence that the trial court heard.

Fact Pattern 3-B1 Orin and Pia engage in a business transaction from which a dispute arises.Orin initiates a lawsuit against Pia by filing a complaint. -In Call-Me Cell Company's suit against Rude Ringtones,Inc. ,the jury returns a verdict in Call-Me's favor.Call-Me will most likely ask the court to

Fact Pattern 3-B1 Orin and Pia engage in a business transaction from which a dispute arises.Orin initiates a lawsuit against Pia by filing a complaint. -In Brick 'n Mortar Corporation's suit against Online Mall,Inc.(OMI),the jury re?turns a verdict in Brick 'n Mortar's favor.OMI files a motion asking the judge to set aside the verdict and begin new proceedings.This is a mo?tion for

The three major stages of litigation are filing,answering,and appealing.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court. -Refer to Fact Pattern 3-B2.After its review of Kelly v.Lewis,the appel?late court can

Fact Pattern 3-B1 Orin and Pia engage in a business transaction from which a dispute arises.Orin initiates a lawsuit against Pia by filing a complaint. -During a trial between Laramie and Mikayla over a sale of allegedly dis?eased livestock,Mikayla's attorney asks questions of the plaintiff's witness Nilson.This is

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court. -Best Engineering,Inc. ,performs computer programming services for Complex Products Corporation (CPC).When CPC's computer system crashes,it loses $250,000 worth of business and pays $50,000 to have the system reprogrammed.CPC announces to the media that the crash was due to Best's incompetence and files a complaint in a federal court against the firm.In response,what are Best's options?

Fact Pattern 3-B1 Orin and Pia engage in a business transaction from which a dispute arises.Orin initiates a lawsuit against Pia by filing a complaint. -Refer to Fact Pattern 3-B1.If Pia files a motion to dismiss,and the court denies it

Before a lawsuit begins,the court must have proof that the defendant was notified.

Only a plaintiff may file a motion for summary judgment.

A reviewing court reverses a trial court's judgment only in a case in which the plaintiff lost.

Fact Pattern 3-B2 Kelly files a suit against Lewis in a state court.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court. -Dian is injured in an accident while driving an off-road vehicle made by Eagle Recreation,Inc. ,an out-of-state corporation.Dian files a suit against Eagle,alleging negligence,and mails a summons and a copy of the complaint to the firm by certified mail,return receipt requested.The envelope is addressed in part to "Fred,President,Eagle Recreation,Inc." The receipt is returned with the signature of "Glenda" whom a U.S.Postal employee later testifies usually receives mail on the company's behalf.Eagle does not respond to the suit.In a default judgment,Dian is awarded damages of $500,000.Later,Fred claims that he was not noti?fied of the suit and asks the court to set aside the judgment.What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?

A closing argument is a statement by a party that results in a summary judgment in that party's favor.

Jason files a suit against Maybelline.If Maybelline fails to respond,Jason

Ruth files a suit against Solid Products,Inc.Solid responds that even if Ruth's statement of the facts is true,according to the law Solid is not li?able.This is

Fact Pattern 3-B1 Orin and Pia engage in a business transaction from which a dispute arises.Orin initiates a lawsuit against Pia by filing a complaint. -In Troll Line Fishing Company's suit against UniHarvest,Inc. ,the jury returns a verdict in Troll Line's favor.UniHarvest files a motion stating that even if the evi?dence is viewed in the light most favorable to Troll Line,a reasonable jury should not have found in its favor.This is a mo?tion for

A counterclaim is raised by a plaintiff against a defendant's answer.