Deck 5: Court Procedures

Question 1

Sanctions for spoliation of e-evidence can include the entire cost for restorative recovery efforts.

Answer 1

True

Question 2

A default judgment is a judgment entered by a court in a case in which neither party prevails.

Answer 2

False

Question 3

In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.

Answer 3

True

Question 4

Electronic discovery can reveal significant facts that are not discoverable by other means.

Question 5

A deposition can be used to impeach a party or witness who changes his or her testimony at trial.

Question 6

In some jurisdictions, defendants who agree to waive formal service of process receive a reduction in the amount of an ultimate finding of liability.

Question 7

Without a jury, there is no one to determine the truth of the facts alleged in a case.

Question 8

Attempts to settle a case must be concluded before the litigation process begins.

Question 9

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

Question 10

On appeal of a court's grant or denial of a motion for summary judgment, the appellate court must defer to the trial court's ruling on the issue.

Question 11

Pro se representation refers to the attorneys that parties hire to represent them in court.

Question 12

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

Question 13

A motion to dismiss asserts that a claim has no basis in law.

Question 14

Voir dire refers to the jury selection process.

Question 15

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

Question 16

Picking a jury is an important aspect of litigation strategy.

Question 17

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Question 18

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Question 19

With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation.

Question 20

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm's best interest.

Question 21

A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.

Question 22

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

A)Grain Farm is prepared to notify Harvest of the suit.
B)Grain Farm did not act to precipitate a dispute with Harvest.
C)Harvest committed the act of which Grain Farm complains.
D)Harvest was notified of the suit.

Question 23

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

Question 24

Because expert testimony is effective with juries, there is no potential for the abuse in its use at trial.

Question 25

To meet the standard of proof of preponderance of the evidence , a party must prove its case beyond a reasonable doubt .

Question 26

Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

Question 27

In considering a trial court's judgment, an appellate court bases its opinion on its de novo review of the evidence.

Question 28

If an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue.

Question 29

Nayda retains Olin, an attorney, on a contingency-fee basis to seek damages in a personal-injury suit against Price-Mor Stores Inc. Nayda does not win her case. She must pay

A)Olin's fee, but no other expenses related to the case.
B)Olin's fee, and any other expenses related to the case.
C)expenses related to the case, but not Olin's fee.
D)none of the choices.

Question 30

The uncertainties of the litigation process are lessened by the fact that any judgment will be enforceable.

Question 31

A party does not need to have legitimate grounds to appeal a trial court's decision.

Question 32

Jurors must decide a case based only on the information that they learn during the trial.

Question 33

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

Question 34

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

A)the secretary of state in the state where the firm incorporated.
B)the corporation's registered agent.
C)the sheriff of the county in which the firm's headquarters is located.
D)anyone who is at least eighteen years old and is not a party to the suit.

Question 35

Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

Question 36

Hospital Inc. files a complaint in a federal district court against Inventory Management Company, asserting breach of contract. Under the Federal Rules of Civil Procedure, any allegations in the complaint that are not expressly denied by the defendant will be deemed by the court to be

A)impliedly denied.
B)subject to dispute during the trial.
C)voir dire .
D)admitted.

Question 37

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

Question 38

An appellate court can modify a trial court's decision, in whole or in part.

Question 39

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

Question 40

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan

A)must file a motion for renewed service of process.
B)must provide proof in support of the claim.
C)must withdraw the complaint.
D)will be awarded a default judgment.

Question 41

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

A)prevent other witnesses from testifying.
B)describe only what she personally observed.
C)testify only about the facts.
D)offer her opinions and conclusions.

Question 42

In a suit by Climate Action Now (CAN)against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest's admission in response

A)conclusively establishes the matter for trial.
B)completely absolves the defendant of the issue in question.
C)is the basis for a default judgment in the plaintiff's favor.
D)is irrelevant .

Question 43

Barge Company and Cove Harbor dispute the meaning of their contract. Unable to agree on settlement, the parties prepare for trial. To obtain information, they engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

A)subterfuge and similar methods.
B)improper requests and related tactics.
C)voir dire and a writ of certiorari .
D)depositions and other devices.

Question 44

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

A)the defendant does not have a valid defense.
B)the case can be disposed of without a trial.
C)the solvency of the defendant is in question.
D)the plaintiff is legally entitled to a remedy.

Question 45

During the trial of a suit concerning the terms of a contract between Marvel and Nina, the plaintiff's attorney presents evidence from Ochre, who is not an expert in the field about which he is being questioned. Ochre can

A)testify about any of the facts in the case.
B)testify only about what he personally observed.
C)offer his opinion about any of the evidence.
D)offer his conclusion with regard to the case.

Question 46

Petro Ltd. files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

A)privileged or confidential material.
B)metadata.
C)information to which Petro would otherwise be denied access by the right to privacy.
D)hearsay.

Question 47

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

A)an affirmative defense.
B)a motion to dismiss.
C)a challenge for cause.
D)a peremptory challenge.

Question 48

Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called

A)cross-examination.
B)direct examination.
C)an opening statement.
D)hearsay.

Question 49

Levon files a suit against Manufacturing Corporation. The defendant believes that even if the plaintiff's statement of the facts is true, according to the law the defendant is not liable. Manufacturing Corporation should

A)ask for a deposition.
B)seek an admission of the truth of the matter relating to the trial.
C)issue a summary judgment.
D)file a motion to dismiss.

Question 50

In Rebuild Company's suit against Structural Engineers Inc., the plaintiff wants to introduce evidence that it claims is relevant . This is evidence that

A)establishes the degree of probability of a fact or action.
B)tends to disprove a fact in question.
C)tends to prove a fact in question.
D)all of the choices.

Question 51

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO)under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

A)a cross-examination.
B)a deposition.
C)voir dire .
D)hearsay.

Question 52

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

A)cross-examination.
B)direct examination.
C)a closing statement.
D)a preponderance of the evidence.

Question 53

Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that

A)even if the facts in the complaint are true, the defendant is not liable.
B)the facts in the complaint are not true.
C)even if the defendant is liable, the plaintiff cannot prove it.
D)if the facts are true, the plaintiff has a right to judicial relief.

Question 54

Suite Properties files a suit in a state court against Tower Offices. At the conclusion of the plaintiff's case, the defendant files a motion asking the judge to direct a verdict in its favor on the ground that the plaintiff presented no evidence to support its claim. This is a motion for

A)a judgment in accordance with the verdict.
B)a judgment as a matter of law.
C)a new trial.
D)judgment n.o.v.

Question 55

In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet's response, the defendant in good faith can

A)attempt to refute any asserted claim.
B)deluge the plaintiff with data.
C)ask the court to impose sanctions.
D)give away as little information as possible.

Question 56

Barney files a suit against Courtney, who fails to respond. Consequently, Courtney

A)will have a second opportunity to respond at a pretrial conference.
B)is considered to have denied the plaintiff's claim.
C)in effect refuted the suit, which will be dismissed.
D)is subject to a judgment of default.

Question 57

Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

A)evidence.
B)a deposition.
C)an interrogatory.
D)discovery.

Question 58

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain

A)information that is relevant to the case.
B)private information about the defendant's operations.
C)public information about the defendant's operations.
D)irrelevant data that can be eliminated from consideration.

Question 59

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

A)hearsay.
B)spoliation.
C)a brief.
D)voir dire .

Question 60

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses' sworn statements. Cruises should file

A)a counterclaim.
B)a motion for judgment on the pleadings.
C)a motion for summary judgment.
D)a motion to dismiss.

Question 61

Chase is injured in an accident while driving an off-road vehicle made by Drivers Edge Inc., an out-of-state corporation. Chase files a suit against Drivers Edge, 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 "Elvin, President, Drivers Edge, Inc." The receipt is returned with the signature of "Francine," a Drivers Edge employee. A U.S. Postal employee later testifies that Francine usually receives mail on Drivers Edge's behalf. Drivers Edge does not respond to the suit. In a default judgment, Chase is awarded damages of $500,000. Later, Elvin claims that he was not notified 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?

Question 62

Dig LLC files a suit in a state court against Excavate Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. Excavate appeals to, and files a brief with, a state appellate court. Dig's attorney may file within a prescribed period of time

A)an advisory interrogatory.
B)an answering brief.
C)a request for a deposition.
D)a responding motion for judgment on the brief.

Question 63

In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. The appellate court will hear

A)all of the evidence.
B)most of the evidence.
C)none of the evidence.
D)select pieces of evidence.

Question 64

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now most likely ask the court to

A)enter a judgment in accordance with the verdict.
B)enter a judgment n.o.v.
C)enter a judgment as a matter of law.
D)order a new trial.

Question 65

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle , the appellate court upholds the lower court's verdict. The appellate court has

A)affirmed the case.
B)reversed the case.
C)remanded the case.
D)reversed and remanded the case.

Question 66

In a suit by Fuel Products Corporation against Gears Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

A)a judgment in accordance with the verdict.
B)a judgment on the pleadings.
C)a new trial.
D)judgment n.o.v.

Question 67

Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop , either party can appeal the decision to the United States Supreme Court if

A)a federal question is involved.
B)a question of state law remains unresolved.
C)the party is unsatisfied with the result.
D)the state trial and appellate court rulings are different.

Question 68

Tech Inc. completes programming and other services for Uno IT Products Corporation. When Uno IT's computer system crashes, the firm loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech's incompetence and files a complaint in a federal court against the firm. What are Tech's options in response?

Question 69

Cuisine Café files a suit in a state court against Dining Tables Inc., alleging a breach of contract. The case proceeds to trial, after which the court renders a verdict. Cuisine decides to appeal to a state appellate court. Its attorney must make sure that the clerk of the trial court sends to the clerk of the appellate court, within a prescribed period of time

A)a brief including the arguments of both parties.
B)a copy of the record on appeal.
C)an explanation for the verdict.
D)a statement of the grounds for reversal.

Question 70

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case

A)beyond a reasonable doubt.
B)by a preponderance of the evidence.
C)through a scintilla of evidence.
D)to the extent promised in his attorney's opening statement.

Question 71

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, a reasonable jury should not have found in its favor. This is a motion for

A)a judgment in accordance with the verdict.
B)a judgment as a matter of law.
C)a new trial.
D)judgment n.o.v.

Question 72

Storage Facilities Inc. files a suit in a state court against TransShip LLC, seeking allegedly unpaid rent for a warehouse. TransShip losses the suit and decides to appeal. TransShip's attorney must file, with the clerk of the trial court, within a prescribed period of time

A)a formal refusal to abide by the verdict.
B)a notice of appeal.
C)a transcript of the trial and copies of the exhibits.
D)the judgment order from which the appeal is taken.