BUS221: Chapter 3 quiz- Courts, ADR, Court procedures
(T/F) It is guaranteed that any judgment will be enforceable.
False
(T/F) Only a defendant can file a motion to dismiss.
False- both parties can
(T/F) A court of appeals re-hears all of the evidence introduced at trial.
False- they are briefed
(T/F) Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit.
True
(T/F) The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.
True
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. Answer: D
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. Answer: B
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. Answer: D
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 Answer: D
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 cross-examination. b. a direct examination. c. voir dire. d. hearsay. Answer: B