BLAWChap3

Hearsay evidence is what someone heard someone else say.

True

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

True

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

True

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

False

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

False

It is guaranteed that any judgment will be enforceable.

False

The litigation process has three phases: filing, answering, and appealing

False

A court of appeals does not hear any evidence.

True

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

True

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

True

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

True

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland. During the trial, Quisa's attorney asks questions of the plaintiff's witness Raina. This is a. a cross-examination. b. a deposition. c. a direct examination. d. an interrogatory.

a. a cross-examination.

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' 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. an interrogatory.

b. a deposition.

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. by indisputable proof. d. to the extent promised in her attorney's opening statement.

b. by a preponderance of the evidence.

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.

c. a new trial.

Neville files a suit against Olina. If Olina fails to respond, a. Neville must appeal the case to a different court. b. Olina's failure to respond will be considered to be a denial. c. Neville will not be awarded the remedy sought. d. Olina will have a default judgment entered against her

d. Olina will have a default judgment entered against her

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.

d. a statement alleging the facts showing the court has jurisdiction

During the trial phase of Sof' Drink Soda Corporation's suit against TimeOut Convenience 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.

d. the selection of jurors.