test 1 B.Law wade

false

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

falae'

At the beginning of a trail only the defendant attorney makes an opening statement.

the summons

Ballpark Sports field, 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

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

affirmed the case

Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Bull v. Clay, the appellate court upholds the lower court's verdict. The appellate court has

a notice of appeal

Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time

counterclaim.

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 a. contra charge. b. counterclaim. c. counterpoint. d. cross-complaint.

if entrée pays the judgement

Dawn files a suit in a state court against Entrée Enterprises Inc alleging the breach of an employment contract. After a final determination in the case of Dawn v. Entrée enterprise Inc. in favor of Dawn, the judgement will be satisfied

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

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

an answering breif

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

true

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

the selection of jurors

During the trial phase of Soft Drink Soda Corporation's suit against TimeOut Convenience Stores Inc, their attorneys engage in voir dire. This is...

Michael's fee, court costs, and other ex

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 a. court costs and other expenses, but not Michael's fee. b. Michael's fee only. c. Michael's fee, court costs, and other expenses. d. neither Michael's fee nor court costs and other expenses.

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

False

a federal question is involved

Faye files a suit in a state court against Gas Stations Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest courts review of Faye v Gas Station Stop either party can appeal the decision tot he united states supreme court if

motion to dismiss

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 judgment as matter of law

Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for

A statement alleging the facts showing the court has jurisdiction.

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

true

Hearsay evidence is testimony someone gives in court about a statement made by someone else who was not under oath at the time.

true

If a discovery request involves confidential business information the scope of the request can be limited.

Judgment n.o.v.Judgment n.o.v.

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 new trail

In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury re¬turns 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 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.

none of the evidence

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...

enter a judgment in accordance with the verdict.

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

all of the choices

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

Isabel will have a judgment entered in her favor.

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,

testify only about what she personally observed.

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

by a preponderance of the evidence

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

cunterclaim

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.

dismissed or settled

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

Mountain's basis for relief.

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. a motion for summary judgment. b. a motion to dismiss. c. Mountain's basis for relief. d. an explanation to refute any defense Open Pit might assert.

a copy of the record on appeal

New Crusine Café files a suit in a state court against Olive Oil Inc., alleging a breach of contract. The case proceeds to trail after which the court renders a verdict. If New Crisine decides to appeal to state appeal to a state appellate court it's attorney must file wit the clerk of the appellate court within a prescribed period of time.

notice of lawsuit

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

Quiana will have a default judgement entered in against her

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

information that is relevant to the case

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:

Cross examination

SARA brings a lawsuit against Tucci over a sale of 1500 acres of ranchland. During the trail Tucci's attorneys questions of the plantiff's witness Ulysses.

a motion for summary judgment.

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. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.

​whatever means is reasonably calculated to do the job.

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​

true

a motion for a directed verdict is also known as a motion for judgement as a matter of law.

false

a motion for summary judgement may be made before, during, or after a trail.

An admission in court

n 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

false

only a defendant can file a motion to dismiss.

false

only a defendant may file a motion for summary judgement