Deck 3: A: Court Procedures

Question 1

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

Answer 1

False

Question 2

Before a trial,one party can ask the other party in writing to admit the truth of matters relating to the trial.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

U.S.courts follow the adversarial system of justice.

Question 5

The expenses associated with an appeal are minor.

Question 6

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

Question 7

Only a plaintiff may file a motion for summary judgment.

Question 8

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

Question 9

In most states,if neither party requests a jury,the court will seat a jury on its own motion.

Question 10

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

Question 11

A judgment may go unpaid.

Question 12

Information stored electronically cannot be the object of a discovery request.

Question 13

Hearsay evidence is what someone heard someone else say.

Question 14

A petitioner is the party against whom an appeal is taken.

Question 15

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

Question 16

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

Question 17

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

Question 18

A motion for summary judgment may be supported with materials out?side the pleadings.

Question 19

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

Question 20

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

Question 21

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.
Irma files a civil suit against Jim.To succeed,Irma must prove her case

A)beyond a reasonable doubt.
B)by a preponderance of the evidence.
C)by indisputable proof.
D)within an iota of the truth.

Question 22

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

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

Question 23

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

Question 24

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 grants it

A)Orin will be given more time to file an amended complaint.
B)Orin will have a judgment entered in his favor.
C)Pia will be given more time to file another response.
D)Pia will have a judgment entered in her favor.

Question 25

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.
Solar Power,Inc. ,files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder's possession.A legitimate reason for this examination is that the documents contain

A)evidence about the case.
B)private information about Thunder's operations.
C)public information about energy generation.
D)irrelevant data that can be eliminated from consideration.

Question 26

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 Market Company's suit against National Credit Corporation,Market 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 27

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

A)a cross-examination.
B)a deposition.
C)a direct examination.
D)an interrogatory.

Question 28

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.
To prepare for a trial between Large Lots Development Corporation (LLDC)and MiniMansion Construction Company (MMCC),MMCC's attorney places LLDC's president under oath.A court reporter makes a record of the attorney's questions and the officer's answers.This is

A)a cross-examination.
B)a deposition.
C)an imposition.
D)an interrogatory.

Question 29

Kyle files a suit against Lora.The document that informs Lora that she is required to respond is

A)the answer.
B)the complaint.
C)the service of process.
D)the summons.

Question 30

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

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

Question 31

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 the state's highest court's review of Kelly v.Lewis,a 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 32

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

A)Orin will be given more time to file an amended complaint.
B)Orin will have a judgment entered in his favor.
C)Pia will be given more time to file another response.
D)Pia will have a judgment entered in her favor.

Question 33

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

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

Question 34

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 a final determination in the case of Kelly v.Lewis,any judgment will be satisfied

A)if the losing party pays the judgment,or his or her property is sold and the pro?ceeds paid to the winner.
B)only if the court orders the sheriff to pay the winner.
C)only if the losing party pays the judgment in cash.
D)only if the losing party's property is sold and the proceeds paid to the winner.

Question 35

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,she is asserting that

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

Question 36

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 Phil's suit against Riley,the court issues a judgment in Riley'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 37

Emil wants to initiate a suit against Fast Credit Company by filing a complaint.The complaint should include

A)an explanation of the proof to be offered at trial.
B)a motion for judgment n.o.v.
C)a motion for judgment on the pleadings.
D)a statement alleging the facts showing the court has jurisdiction.

Question 38

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

A)must appeal the case to a different court.
B)must refile the suit in the same court.
C)will be awarded the remedy sought.
D)will have a default judgment entered against him.

Question 39

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 the trial phase of Fuel Corporation's suit against Gas Stations,Inc. ,their attorneys engage in voir dire.This is

A)the assessment of the arguments on the issues.
B)the determination of the issues to be argued.
C)the litigation of the issues and arguments.
D)the selection of jurors.

Question 40

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

A)affirm,reverse,or remand all or part of the lower court's decision.
B)only affirm or reverse all or part of the lower court's decision.
C)only remand all or part of the lower court's decision.
D)only reverse or remand all or part of the lower court's decision.

Question 41

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?

Question 42

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?