BUS221: Chapter 3 quiz- Courts, ADR, Court procedures

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(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


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