Chapter 3
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
Only a defendant can file a motion to dismiss
False
Procedural law does not have a significant impact on a person's ability to pursue a legal claim.
False
The litigation process has three phases: filing, answering, and appealing.
False
A court of appeals does not hear any evidence.
true
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. B5. Refer to Fact Pattern 3-B1. 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.
A
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, and the court grants it, a. Destiny will be given time to file an amended complaint. b. Destiny will have a judgment entered in her favor. c. Enzo will be given time to file another response. d. Enzo will have a judgment entered in his favor.
A
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 on the pleadings. d. order a new trial.
A
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. counterclaim. b. motion for judgment on the pleadings. c. motion for summary judgment. d. motion to dismiss
A
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. B18. Refer to Fact Pattern 3-B2. After its review of Martin v. Nichelle, 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.
A
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. 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 Martin v. Nichelle, any judgment will be satisfied a. if the losing party pays the judgment. b. if the winning party has sufficient assets to cover the amount of damages sought. c. if the losing party proves that he or she is unable to pay the judgment. d. all of the choices.
A
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. 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 Martin v. Nichelle, 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.
A
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
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.
A
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
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
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, and the court denies it, a. Destiny will be given time to file an amended complaint. b. Destiny will have a judgment entered in her favor. c. Enzo will be given time to file another response. d. Enzo will have a judgment entered in his favor.
C
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
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.
C
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
D
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
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
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 on the pleadings. c. a new trial. d. judgment n.o.v.
D
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.
D
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
A reviewing court may reverse a trial court's judgment only in a case in which the plaintiff lost.
false
After both sides have rested their cases, only the plaintiff's attorney makes a closing argument.
false
An expert witness is a person who is directly involved in the events concerning a lawsuit.
false
At the beginning of a trial, only the defendant's attorney makes an opening statement.
false
Either party may appeal a jury's verdict but only the defendant may appeal a judge's ruling
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
A judge instructs a jury in the law that applies in a case
true
Any written material, including information stored electronically, can be the object of a discovery request.
true
Discovery is the process of obtaining information from an opposing party before trial.
true
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
The expenses associated with an appeal can be considerable
true
The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings
true
