Exam 3: B: Court Procedures

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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. -In most appealed cases,a trial court's decision is affirmed.

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True

Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -Refer to Fact Pattern 3-A1.The sheriff serves Nan with a summons.If Nan chooses to ignore it

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B

Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -During a trial in Gene's suit against Homer over the use of Gene's lakeside cabin,Gene's attorney asks questions of the plaintiff's witness Illya.This is

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C

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. -Every judgment is enforceable.

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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. -Hearsay evidence is a statement made by someone who was not under oath at the time.

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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. -Glen re?tains Holly,an attorney,on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation.Glen wins.He must pay

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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. -A summary judgment is granted only if there is no genuine question of law.

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Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -Quin files a suit against Regal Products,Inc.Regal responds that even if Quin's statement of the facts is true,according to the law Regal is not liable.This is

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Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -Opal files a complaint in a suit against Phil,and he files an answer.The case may now be

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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. -Ridgeline Trucking wants to initiate a suit against Valley Farms by filing a complaint.The complaint should include

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Fact Pattern 3-A2 Fine Dining Corporation files a suit against Eat-at-Joe's,Inc. -In Rendezvous Cafe's suit against Sanitary Waste Services,Inc. ,the court issues a judgment in Rendezvous's favor.The judgment can be appealed to an appropriate court of appeals by

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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. -If a discovery request involves confidential business information,the scope of the request can be limited.

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Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -Refer to Fact Pattern 3-A3.If Moe decides to appeal to a state appellate court,Moe's attorney must file,with the clerk of the trial court within a prescribed period of time

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Fact Pattern 3-A3 Liz files a suit against Moe in a state court.The case proceeds to trial,after which the court renders a verdict. -National Trucking Corporation files a suit in a state court against Odell's Service Company (OSC),and wins.OSC appeals the court's decision,as?serting that the evidence presented at trial to support National's claim was so scanty that no reasonable jury could have found for the plaintiff.There?fore,argues OSC,the appellate court should reverse the trial court's de?ci?sion.Is the appellate court likely to reverse the trial court's findings with re?spect to the facts? If not,why not? What are an appellate court's options after reviewing a case?

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Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -Indelible Fabrics,Inc.(IFI),makes "Jean's Denim," a famous brand of clothing.Without IFI's consent,Kopy Company (KC)begins to use "jeansdenim" as part of a domain name.IFI files a suit against KC and engages in service of process.Service of process must provide

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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. -After a defendant finishes introducing his or her evidence,the plaintiff can present a rebuttal.

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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. -A motion for summary judgment may be made before,during,or after a trial.

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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. -Either party can appeal a judge's ruling on any pretrial motion.

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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. -An appellate court can reverse the decision of a trial court that erred.

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Fact Pattern 3-A1 Mac and Nan engage in a business transaction from which a dispute arises.Mac initiates a lawsuit against Nan by filing a complaint. -Refer to Fact Pattern 3-A1.If Nan responds to Mac's complaint by filing a counterclaim,then

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