Business Law Ch 3

1. Beyond a reasonable doubt 2. Preponderance of evidence

1. Most criminal trials 2. Most civil cases including automobile accidents

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 cross examination

Which one of the following is not involved in the two basic pleadings of a lawsuit?

A default judgement

In preparation for a trail between George and the ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as

A deposition

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 deposition

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 direct examination

Anderson loses the trial. Anderson's attorney can make a motion for

A judgement notwithstanding the verdict

Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file

A motion for judgement on the pleadings

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 motion to dismiss

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney argues in the complaint that the Connecticut Superior Court is the most appropriate court in which the case should be heard. Vinny's attorney is asserting

A statement of the basis for the court's jurisdiction

The American and English courts follow the _____ system of justice.

Adversarial

A judgement is entered against Michael in Anderson's case against him. Michael appeals to an intermediate appellate court, which agrees to review the case. On appeal, most appellate courts

Affirm trial court findings of fact

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

All of the choices (tends to prove a fact in question, tends to disprove a fact in question, establishes the degree of probability of a fact or action)

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

An admission in court

Your attorney prepares a ______ to present to the appellate court when you decide to appeal the trial court's decision.

Brief

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case:

By a preponderance of the evidence

Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but does not have enough funds on hand to retain an attorney on her own. What is the best type of fee arrangement for Lily?

Contingency fee

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

Counterclaim

Maxwell collides with Julian's car while driving on the highway. Julian sues Maxwell for damages. However, Maxwell, the defendant in the lawsuit, argues that Julian was also driving negligently when the accident happened. Maxwell's assertion could be the basis of a ______.

Counterclaim

Li and Anderson are opposing parties in a lawsuit. Li claims to be injured due to the accident. After Li's attorney calls Li's doctor to the witness stand and questions him, Anderson's attorney asks some follow-up questions of the witness. Anderson's attorney is conducting a(n):`

Cross examination

A Florida law provides that any person who "knowingly serves" a person "habitually addicted" to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving while intoxicated when his car struck Sabo's car. Sabo suffered injuries as a result. Before the accident, Hoag had consumed many drinks at Peoples Restaurant. Sabo sued Peoples, alleging that the restaurant violated the statute. Peoples filed a motion for summary judgment, asking the court to grant a judgment in its favor without a trial because it had no knowledge of Hoag's drinking habits. The court most likely:

Denied the motion for summary judgement because there were questions of fact about the restaurant's knowledge of Hoag's drinking habits that had to be determines by a trial

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

Destiny did not state a claim for which relief can be granted

Anna sues Whitney. While presenting her case, Anna's attorney calls Whitney's doctor to the witness stand. The questioning of this witness at this point in the trial is known as

Direct examination

Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of expert witnesses he intended to call for his case. Sunrise filed motions three times asking the court to compel Stewart to answer the questions. The trial court entered three orders to compel Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do?

Dismiss the case because of Stewart's refusal to provide information to Sunrise

Once the verdict is announced, jurors are generally

Dismissed

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

Dismissed or settled

Mason brought a civil rights action against his employer, the New York Department of Mental Hygiene, after it failed to promote him. His complaint stated that the department had discriminated against him by denying him "the authority, salary, and privileges commensurate with this position." The department filed a motion to dismiss for failure to state a claim for which relief could be granted. The court probably

Dismissed the case because the complaint did not state a claim

Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain

Documents in A-Z's possession relating to the contract

The appellate court does not hear new______. The appellate court may affirm or ______ the trial court's new judgement or _______ the case for further proceedings

Evidence, Reverse, remand,

A plaintiff who obtains a court judgement against a defendant can obtain compensation from all of the defendants assets if it is necessary to compensate to plaintiff.

False

Appellate courts are comprised of three jurors who evaluate the case for possible errors

False

As part of Anderson's affirmative defense, he can argue that Li is lying about the auto accident.

False

In preparation for the trial between Anderson and Li subsequent to the auto accident, Li's attorney places Anderson under oath and asks Anderson questions that are recorded by a court reporter: This is known as an interrogatory

False

Li and Anderson are opposing parties in a lawsuit. Li's attorney is questioning Anderson on the witness stand. Anderson says that a friend of Li's said Li was drunk at the time of the accident. Anderson's statement is admissible

False

Once the pleadings are closed, no more motions can be filed.

False

Only defendants can make a motion for a directed verdict.

False

When an attorney asks questions of a witness supporting his client during a trial she is engaging in direct examination

False

A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders its verdict, Verna's attorney can file a motion

For a new trial

While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family sued Washoe. Judges are required to remain impartial and to provide a courtroom that promotes order and decorum. During voir dire at the trial, when the plaintiff's attorney arrived late after a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one juror whom he had known in college and endorsed another juror's business. The judge's comments were made in the presence of the plaintiff and the defendant, their attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the judge prejudiced the plaintiff's right to a fair trial and violated Nevada's Code of Judicial Conduct, which requires judicial neutrality. The appellate court most likely

Held that the Nevada judicial code applied and ordered a new trial

Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legislative reason for this examination is that the documents contain

Information that is relevant to the case

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,​

Isabel will have a judgement entered in her favor

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire

Jurors are picked from a jury pool

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

Michael's fee, court cost, and other expenses

An appellate court can ______ a lower court's decision if, for example, the jury has awarded an excessive amount of damages and the court wants to reduce the award to a more appropriate amount.

Modify

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

Motion for summary judgement

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

Mountain's basis for relief

Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony about Francis will most likely be:

Not admitted as evidence because it is heresay

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

Notice of the lawsuit

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

Qiana will have a default judgement entered against her

Which of the following is not part of the discovery process?

Requesting another trial

______ consist of a series of court rules guaranteeing presentation of reliable evidence during trial.

Rules of evidence

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

Statement alleging the facts showing the court has jurisdiction

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

Testify only about what she personally observed

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

The summons

In general, appellate courts do not reverse findings of fact unless the findings are unsupported or contradicted by the evidence

True

When a jury reaches its decision, it typically issues a verdict in favor of one party.

True

During the process ______, prospective jurors can be challenged and a party can make a_______ number of peremptory challenges of prospective jurors

Voir dire, limited

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

Whatever means is reasonably calculated to do the job

Under what circumstances will a judge grant a motion for a new trial?

When the jury clearly misapplied the law or misunderstood the evidence

An order directing a sheriff to seize and sell the defendant's nonexempt assets is called a:

Writ of execution

An attorney making an opening statement might typically include

a brief version of the facts and the supporting evidence

Anderson runs into the back of Li's car. Anderson appears to be at fault. Anderson will be the _________ and will probably receive a __________

defendant,

At the end of a trial, the defendant's attorney may make a _____ on the ground that the plaintiff has presented no evidence in support of her claim.

motion for a directed verdict

Typically, the three phases of litigation are:

pretrial, trial, posttrial

Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by

transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her