BUS LAW CH.4

When the result of a lawsuit at the trial court level is appealed, the successful party in the trial court is called the _____.

A. appellee

The element of standing to sue that requires a plaintiff to allege a personal stake in the resolution of a controversy prevents the plaintiff from __________.

A. asserting the rights of the general public or of a group of which he or she is not a member

For criminal cases, the burden of proof is described as _____.

A. beyond a reasonable doubt

A(n) _____ occurs when a court official, such as a sheriff or marshal, seizes some property of a debtor, sells it at public auction, and applies the proceeds to a creditor's claim.

A. execution of a judgment

In the case of J.E.B. v. Alabama, the U.S. Supreme Court banned _____ in jury selection.

A. gender discrimination

The summons, delivered to a defendant by a court official, provides the date by which a defendant must __________.

A. respond with a written pleading

In the pretrial phase of litigation, the argument used by a defendant to dismiss a suit on the basis of expiration of the time limit during which the defendant is subject to suit is usually referred to as _____.

A. statute of limitations

=For a court to hear a plaintiff's case, the plaintiff must show the court that it has _____.

A. subject matter jurisdiction

When a party asks a judge to base a decision of a case on the pleadings and affidavits provided there are no material disputed issues of fact, the party is most likely to be filing a motion for

A. summary judgment

The usual rule in the scope of discovery is that the information sought in discovery is discoverable and an objection is overruled as long as the information __________.

A. will lead to evidence admissible during a trial

Which of the following statements is true of criminal suits?

C. A defendant may agree to submit to a court's authority even though personal jurisdiction cannot be obtained

In a state court, the party who is dissatisfied with a jury's verdict is most likely to file a posttrial motion with the judge seeking _____.

C. a judgment notwithstanding the verdict

In appellate procedures, each party files a(n) _____ that contains a short description of a case, a factual summary, legal points and authorities, and arguments for reversing or affirming a lower court decision.

C. brief

In the pretrial phase of litigation, if a party fails to produce relevant, requested evidence, the party seeking the information is most likely to __________.

C. file a motion to compel discovery

The party to a case who files a civil action is called the _____.

C. plaintiff

In civil cases, the _____ standard is achieved when there is greater weight of evidence in support of a proposition than there is against it.

C. preponderance of evidence

In Batson v. Kentucky, the U.S. Supreme Court outlawed discrimination on the basis of _____ in jury selection.

C. race

Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer. Maria and her lawyer look at the complaint and see that it is vindictive and lacks any legitimate claims. Maria's lawyer determines that Theresa is merely bullying Maria and that the lawsuit is frivolous. In this case, Theresa is most likely to be __________.

C. sanctioned under Rule 11 of the Federal Rules of Civil Procedure

In a civil lawsuit, personal jurisdiction over a defendant is usually obtained by a notice to appear in court. This delivery of notice is referred to as __________

C. service of process

Angelo files a lawsuit against Franz alleging that Franz damaged his property. Esther, a judge, has reviewed the case and believes that the lawsuit between Angelo and Franz completely lacks any merit. She is convinced that the suit should not continue. In this case, Esther is most likely to __________.

C. terminate the litigation process on her own initiative

When a defendant who has been served wants to sue a plaintiff, the plaintiff becomes a _____.

C.counterdefendant

In the context of pleadings, which of the following statements is true?

D. A clerk of the court issues the summons to be served to a defendant.

_____, a method of discovery, are a series of written questions presented to the opposing parties.

D. Interrogatories

_____ means either that a case has been finally decided on appeal or that the time for appeal has expired and a cause of action finally determined by a competent court cannot be litigated by the parties in a new proceeding by the same court or in any other court.

D. Res judicata

Eli, a resident of New York, wants to sue Tony, a resident of Texas, for trespassing against Eli's property in New York. To obtain personal jurisdiction over Tony under a long-arm statute, the New York court must find that __________.

D. Tony committed the tort in New York

Standing to sue is determined __________.

D. at the outset of the litigation

After a plaintiff has presented his or her evidence in a trial, a defendant may make a motion for _____, which is granted if the evidence, taken in the light most favorable to the plaintiff, establishes as a matter of law that the defendant is entitled to a verdict.

D. directed verdict

A police officer pulls over Megan for speeding. Despite being cooperative, non-threatening, and sober, the police officer orders her to get out of the car and frisks her. He finds a small packet of marijuana in her pocket. This search and seizure is illegal. After she is arrested, her attorney wants to suppress the discovery of marijuana in Megan's possession as the search by the police officer was illegal. In this case, Megan's attorney is most likely to file a __________.

D. motion in limine

After an appeal gets rejected by an intermediate appellate court, the losing party may petition the highest court in the system for a(n) _____.

D. writ of certiorari

Which of the following statements is true of taking depositions?

A. It is the most expensive method of discovery.

If a court has original jurisdiction over some claims in a class-action suit, which of the following jurisdictions is the court most likely to exercise over additional claims that are part of the same case including those that do not independently satisfy the amount-in controversy requirement?

A. Supplemental jurisdiction

Which of the following statements is true of peremptory challenges?

A. The number of peremptory challenges allowed varies from court system to court system.

_____, made by a lawyer in a trial, familiarizes a jury with the essential facts that each side expects to prove.

B. An opening statement

_____ is a method of enforcement that involves having a portion of a debtor's wages paid to a court, which in turn pays a creditor.

B. Garnishment

All persons suing a drug company, alleging injuries from a product, constitute __________.

B. a class for a tort action.

For a plaintiff to establish that he or she has standing to sue, the plaintiff must allege __________.

B. a personal stake in the resolution of the controversy

If a prospective juror admits bias favoring one of the parties to a trial, that person is most likely to be excused for __________.

B. cause

A _____ suit is one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.

B. class-action

When a defendant, upon being served, wants to sue a plaintiff, the defendant becomes a _____.

B. counterplaintiff

A _____ is entered in favor of the party that won a jury's decision if a judge agrees with the decision of the jury.

B. judgment

In addition to a brief, a reviewing court is often given the benefit of _____ in deciding a case.

B. oral argument

The typical long-arm statute allows a court to obtain jurisdiction over a defendant even though the process is served beyond its borders if the defendant __________.

B. owns property within the state that is the subject matter of the lawsuit

When a petition for certiorari is filed to the Supreme Court, the party initiating the petition is the petitioner and the other party is known as the _____.

B. respondent

Which of the following parties could sue to stop a merger of two companies?

E. Only a shareholder of one of the two companies

Which of the following is part of the pretrial procedure?

E. The discovery process

If a defendant does not respond to a complaint by the date provided in the summons in any way, the court is most likely to enter an order of _____.

E. default

The process of requesting and transporting a prisoner from one state to another is called _____.

E. extradition

A lawsuit that is totally lacking in merit is said to be _____.

E. frivolous

Terrell files a complaint against Chad for negligence with the court clerk. After Terrell receives an answer from Chad in response to the summons, Terrell believes that he can win based solely on his original complaint and Chad's answer. In this case, Terrell is most likely to file a __________.

E. motion for a judgment on the pleadings

When deciding on a jury panel, either party in a lawsuit can challenge or excuse a prospective juror on the basis of the juror's _____.

E. relationship to the opposing party

Olflex Corp. files a complaint against Tenfour Corp., and the parties are in the discovery phase of litigation. A major issue in the dispute is the wording of the original sales contract between the two corporations. In this case, to get Tenfour to present the original sales contract, Olfex is most likely to __________.

E. request for production of documents

A defendant may bring in new third parties as third-party defendants if he or she alleges that without the presence of these parties __________.

E. there cannot be a complete determination of a controversy

Alan committed a felony in Delaware and returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota and is a respected citizen there. When the Delaware police locate Alan, _____.

E. they must seek extradition of Alan to have him transported to Delaware