Deck 3: Court Procedures

Question 1

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

Answer 1

True

Question 2

Service of process is the process of obtaining information from an opposing party before trial.

Answer 2

False

Question 3

A jury instructs a judge in the law that applies in a case.

Answer 3

False

Question 4

Interrogatories are written questions for which written answers are prepared by a judge.

Question 5

At the beginning of a trial,only the defendant's attorney makes an opening statement.

Question 6

A summary judgment is issued only if there is no genuine question of fact.

Question 7

An answer can deny the allegations made in a complaint.

Question 8

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

Question 9

Any relevant material,including information stored electronically,can be the object of a discovery request.

Question 10

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

Question 11

In most states,if neither party requests a jury,the court presumes the parties waive this right.

Question 12

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

Question 13

A default judgment is entered against a party only on proof that he or she was at fault in the matter at issue.

Question 14

Only a defendant can file a motion to dismiss.

Question 15

There is one uniform set of rules of procedure for all courts.

Question 16

Only a defendant may file a motion for summary judgment.

Question 17

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

Question 18

A person directly involved in the events concerning a lawsuit is known as an expert witness.

Question 19

Before a trial,the plaintiff can file a motion to dismiss.

Question 20

Procedural law is irrelevant with respect to a person's ability to pursue a legal claim.

Question 21

It is guaranteed that any judgment will be enforceable.

Question 22

No party can appeal a judge's ruling on a pretrial motion.

Question 23

Isabel and Josh engage in a business transaction that leads to a dispute.Isabel initiates a lawsuit against Josh by filing a complaint.The sheriff serves Josh with a summons.If Josh chooses to ignore it,​

A)Isabel must file an amended complaint.
B)Isabel will have a judgment entered in her favor.
C)Josh must be served with a second summons.
D)Josh will have a judgment entered in his favor.

Question 24

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

Question 25

Ballpark Sportsfield,Inc. ,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​

A)the answer.
B)the complaint.
C)the writ of certiorari.
D)the summons.

Question 26

A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Question 27

A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court.

Question 28

Hearsay evidence is testimony someone gives in court about a statement made by someone else who was not under oath at the time.

Question 29

When a defendant finishes introducing evidence,the trial is concluded.

Question 30

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Question 31

Sweet Lemonade,Inc. ,disputes the use of "sweet-lemonade.com" as a domain name by Sweet Citrus Beverages,Ltd. ,and files a suit to resolve the dispute.Service of process must be by​

A)e-mail.
B)personal delivery.
C)regular mail.
D)whatever means is reasonably calculated to do the job.

Question 32

Either party may appeal a jury's verdict but only the plaintiff may appeal a judge's ruling.

Question 33

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

Question 34

A trial begins with the plaintiff's attorney's direct examination of the first witness.

Question 35

A court of appeals re-hears all of the evidence introduced at trial.

Question 36

The expenses associated with an appeal can be considerable.

Question 37

Emily retains Michael,an attorney,on a contingency-fee basis to seek $1 million in damages in a personal-injury suit against Prescription Pharmaceuticals Inc.Emily wins.She must pay​

A)court costs and other expenses,but not Michael's fee.
B)Michael's fee,court costs,and other expenses.
C)Michael's fee only.
D)neither Michael's fee nor court costs and other expenses.

Question 38

Voir dire refers to the seriousness of the controversy in a case.

Question 39

Pad,Pod & Phone Accessories LLC (3PA)makes "PacBacs," a famous brand of cases for electronic devices.Without 3PA's consent,Offshoot Rip-Offs Inc.begins to use "pacbacs" as part of a domain name.3PA files a suit against ORO.Service of process for this suit must provide​

A)a medium for Offshoot to respond.
B)notice of the lawsuit.
C)instructions about the steps involved in this,or any,lawsuit.
D)a secure means to guaranty privacy between the litigants.

Question 40

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

Question 41

Madison files a complaint in a suit against Christopher,and he files an answer.The case may now be​

A)appealed to a higher court.
B)dismissed or settled.
C)resolved but only after a trial.
D)remanded for further proceedings.

Question 42

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint.The complaint should include​

A)an explanation of the proof to be offered at trial.
B)a statement refuting any defense that the defendant might assert.
C)a motion for judgment on the pleadings.
D)a statement alleging the facts showing the court has jurisdiction.

Question 43

Destiny and Enzo engage in a business transaction.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.If Enzo files a motion to dismiss,he is asserting that​

A)Destiny did not state a claim for which relief can be granted.
B)Destiny's statement of the facts is not true.
C)Destiny's statement of the law is not true.
D)Enzo suffered greater harm than Destiny.

Question 44

Lacey files a civil suit against Mischa.To succeed,Lacey 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 her attorney's opening statement.

Question 45

In Research & Development Company's suit against Structural Engineers,Inc. ,Research & Development wants to introduce evidence that it claims is relevant.Relevant evidence 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 46

During the trial phase of Sof' Drink Corporation's suit against TimeOut Stores,Inc. ,their attorneys engage in voir dire.This is​

A)an assessment of the arguments on the issues.
B)the determination of the issues to be argued.
C)the testimony by a party to the lawsuit or by any witness,recorded by an authorized court official.
D)the selection of jurors.

Question 47

Bibi brings a lawsuit against Cocteau over an allegedly defective shipment of machine parts.During the trial,Bibi's attorney asks questions of Bibi's witness Drummond.This is​

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

Question 48

Renewable Resources,Inc. ,files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich'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 Sunrich's operations.
C)public information about energy generation.
D)irrelevant data that can be eliminated from consideration.

Question 49

To prepare for a trial between Fones,Inc. ,and G-Bytes Company,G-Bytes's attorney places Fones'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 50

In a suit by the National Forest Preservation Organization (NFPO)against Old Growth Logging,Inc. ,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of​

A)an admission in court.
B)a statement to the media.
C)information to which Old Growth has a right of privacy.
D)irrelevant evidence.

Question 51

Kent's witness Lois is not an expert in the matter about which she is being questioned.Lois can​

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

Question 52

Lyn files a suit against Karl.Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach.Karl's claim is​

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

Question 53

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint.The complaint should include a statement alleging the facts establishing​

A)an explanation to refute any defense Open Pit might assert.
B)a motion for summary judgment.
C)a motion to dismiss.
D)Mountain's basis for relief.

Question 54

Sofia files a suit against Turista Airlines,Inc.Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts.Turista supports this response with witnesses' sworn statements.This is a

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

Question 55

Ballpark Sportsfield,Inc. ,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​

A)the answer.
B)the complaint.
C)the respondent.
D)the summons.

Question 56

Pietro files a suit against Qiana.If Qiana fails to respond,​

A)Pietro will have a default judgment entered against him.
B)Qiana will be considered to be in denial.
C)the suit will be dismissed.
D)Qiana will have a default judgment entered against her.

Question 57

In Precise Paving Company's suit against Ride,Park n' Go,Inc. ,the jury returns a verdict in Precise Paving's favor.The company will 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 58

Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​

A)contra charge.
B)counterclaim.
C)counterpoint.
D)cross-complaint.

Question 59

Sara brings a lawsuit against Tucci over a sale of 1,500 acres of ranchland.During the trial,Tucci's attorney asks questions of the plaintiff's witness Ulysses.This is​

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

Question 60

Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is​

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

Question 61

Tech Performance,Inc. ,completes programming and other tech services for Uno IT Products Corporation.When Uno's computer system crashes,it 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 Performance's incompetence and files a complaint in a federal court against the firm.What are Tech Performance's options in response?

Question 62

In Hazel's suit against Ingrid,the court issues a judgment in Ingrid's favor.If the case is appealed to an appropriate court of appeals,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 63

New Cuisine Café files a suit in a state court against Olive Oil Inc. ,alleging a breach of contract.The case proceeds to trial,after which the court renders a verdict.If New Cuisine decides to appeal to a state appellate court,its attorney must file,with 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 64

Bull files a suit against Clay in a state court over payment due on a short-term 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 Bull v.Clay,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 65

Garvey files a suit in a state court against Hi-Rise Apartments.At the conclusion of Garvey's case,Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim.This is a motion for​

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

Question 66

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 67

In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders,Inc. ,the jury returns a verdict in Fuel Injection's favor.Gears & Cylinders 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 68

Calvert files a suit in a state court against Denny,seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated.If Denny losses the suit and decides to appeal,his 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.

Question 69

Dirt Machines Inc.files a suit in a state court against Earth Movers Inc. ,claiming that the defendant leased and failed to return a bulldozer.The case proceeds to trial,after which the court renders a verdict.If Earth Movers to,and files a brief with,a state appellate court,Dirt Machines'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 70

In Coastal Fishing Company's suit against Dockside Marina,Inc. ,the jury returns a verdict in Coastal's favor.Dockside files a motion stating that even if the evidence is viewed in the light most favorable to Coastal,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 matter of law.
C)a new trial.
D)judgment n.o.v.

Question 71

Faye files a suit in a state court against Gas Station Stop,claiming employment discrimination.Gas Station loses the suit and appeals.After the state's highest court's review of Faye v.Gas Station 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 72

Dawn files a suit in a state court against Entrée Enterprises Inc. ,alleging the breach of an employment contract.After a final determination in the case of Dawn v.Entrée Enterprises Inc.in favor of Dawn,the judgment will be satisfied​

A)if Entrée pays the judgment.
B)if Dawn has sufficient assets to cover the amount of damages sought.
C)if Entrée proves that it is unable to pay the judgment.
D)all of the choices.