Legal Environment Business
T/F In a product liability case based on negligence, a defendant may be liable even if the plaintiff has not met the requirements for an action in negligence.
False
T/F In considering a trial court's judgment, an appellate court bases its opinion on its de novo review of the evidence.
False
T/F Independent regulatory agencies are not subject to the authority of the president.
False
T/F Judicial review is the process through which Congress approves or rejects judicial appointments.
False
T/F Jurisdiction refers to the right of a citizen to bring a case before a court.
False
T/F On appeal of a court's grant or denial of a motion for summary judgment, the appellate court must defer to the trial court's ruling on the issue.
False
T/F Once a company has investigated any foreign suppliers, it is unnecessary to continue to monitor those suppliers.
False
T/F Once a law is passed to codify an ethical requirement, the ethical aspect of the action is no longer important.
False
T/F Once an offer is made, the offeror cannot revoke it.
False
T/F One of the purposes of criminal law is to compensate the victims.
False
T/F Only Congress may pass a law in conflict with the Constitution.
False
T/F Procedural due process focuses on the content of legislation.
False
T/F Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.
False
T/F Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.
False
T/F The commerce clause has had no greater impact on business than any other provision in the Constitution.
False
T/F The commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's borders.
False
T/F The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products.
False
T/F The standard of reasonable care for a professional is the same as that of an ordinary person.
False
T/F The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm.
False
T/F The terms of service that a person agrees to before loading an app on a phone are not truly legally binding.
False
T/F The types of product defects that have traditionally been recognized in product liability law include careless marketing.
False
T/F Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.
True
T/F Because the Internet is international in scope, it raises international jurisdictional issues.
True
T/F Because the courts have defined interstate commerce broadly, arbitration agreements only slightly connected to interstate commerce may be enforced.
True
T/F By supplying procedures for enforcing private agreements, contract law provides an essential condition for the existence of a market economy.
True
T/F Congress or a state legislature establishes an administrative agency to perform a specific function.
True
T/F Crimes are offenses against society as a whole.
True
T/F Each member country to the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.
True
T/F Ethical decision makers should test and reflect on the outcome of their decisions.
True
T/F Every criminal statute prohibits certain behavior.
True
T/F For fraud to be the basis of liability in a product liability suit, the misrepresentation must have been intentional.
True
T/F Generally, because the parties to arbitration are free to agree to the means of the method, a court will not hear a complaint from either party about the results.
True
T/F If no legally recognized injury or harm results from a given negligent act, there is nothing to compensate—in effect, no tort exists.
True
T/F If one party to a contract has fully performed but the other has not, the contract is executory.
True
T/F If the evidence of a defendant's guilt was obtained improperly, it normally cannot be used against the defendant in court.
True
T/F If what is written in a contract is clear, a court will enforce the contract according to its obvious terms.
True
T/F In the United States, the law consists of written laws and court decisions.
True
T/F Insofar as possible, a reasonable, lawful, and effective meaning will be given to all of the terms of a contract.
True
T/F International law derives from a variety of sources, including the laws of individual nations.
True
T/F Laws would have no discernible meaning without the courts to interpret them.
True
T/F Most crimes require an act of commission.
True
T/F Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.
True
T/F Picking a jury is an important aspect of litigation strategy.
True
T/F Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states.
True
T/F Some business processes can be protected as trade secrets.
True
T/F Some courts do not allow assumption of risk as a defense to a strict product liability claim because the theory focuses on the nature of a product, not the plaintiff's conduct.
True
T/F The most potent weapons against white-collar criminals include the federal laws prohibiting mail and wire fraud.
True
T/F Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.
True
T/FA complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.
True
T/FManufacturers are commonly held liable when their negligence causes users of their products to be injured.
True
Yuri agrees to zed.com's terms of service and downloads the site's app. Yuri then reverse-engineers the app to create a competing product. This is
a breach of contract.
Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is
a felony.
Suite Properties files a suit in a state court against Tower Offices. At the conclusion of the plaintiff's case, the defendant files a motion asking the judge to direct a verdict in its favor on the ground that the plaintiff presented no evidence to support its claim. This is a motion for
a judgment as a matter of law.
Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is
a misdemeanor.
The United States Supreme Court issues an opinion that can be found at __ U.S. __, 138 S.Ct. 617, 199 L.Ed.2d 501. "617" is
a page number in the referenced volume.
In deciding a case of first impression, appropriate sources for a court to consider include all of the following except
a poll of those present in the courtroom at the time of the decision.
Galaxy Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is
a service mark.
On Monday, Xi tells Yard Work Inc., that he will pay $500 if a variety of tasks are completed by Friday. On Wednesday, when Yard Work is more than half done with the work, Xi says that he has changed his mind. These parties had
a unilateral contract as soon as Yard Work began to perform.
Demi buys a lottery ticket. The ticket has the winning numbers for a prize. She submits the ticket to claim the prize. Demi accepted an offer for
a unilateral contract.
Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider
an available alternative design.
Rough Water LLC and Schafer enter into a contract for the delivery of a certain number of river rafts. Until the rafts are delivered and paid for, the parties have
an executory contract.
Vicky asks Walt, a cobbler, to repair a pair of boots. There is no discussion of a price, and Vicky and Walt do not sign any documents. After the repair, Walt hands Vicky a bill. With respect to Vicky's obligation to pay the bill, this is
an implied contract.
Steel Mill Inc. makes an offer to Tag to enter into a contract to work as a mechanical engineer for a certain salary for one year subject to a five-year renewal based on his performance. Tag accepts the offer. This is a valid contract because it includes
an offer and an acceptance.
An injunction is
an order to do or to refrain from doing a certain act.
Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery
even if Ichiro was only slightly at fault.
Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that
even if the facts in the complaint are true, the defendant is not liable.
Riley commits an act via e-mail against State Bank, a business in Texas, where the act is a cyber crime. Riley resides in Utah where the act is not a crime. Prosecution of Riley in Texas involves questions of
jurisdiction.
A challenge to the constitutionality of an executive order that limits certain state actions is
within the power of judicial review.
The explosive demolition of a rock formation by Mountain Blasters Inc. injures Noh, who is hiking on a nearby slope. Under the doctrine of strict liability, Mountain Blasters must pay for Noh's injury
without regard to the fault of the company.
T/F To be liable on a theory of strict product liability, a defendant must be in a better position than the plaintiff to bear the costs associated with the harm caused by a product.
False
T/F The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.
True
T/F When making ethical decisions, a business should evaluate the financial implications.
True
T/F A citation is a regulation enacted by a city or county legislative body.
False
T/F A contract that only one of the parties can enforce in a court is not valid.
False
T/F A corporation can refuse to produce business records that might subject the firm to criminal prosecution.
False
T/F A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.
False
T/F A license that limits the uses of a patent by the licensee is unlawful.
False
T/F A party does not need to have legitimate grounds to appeal a trial court's decision.
False
T/F A person who wrongfully hurts another's good name or reputation orally may be liable for libel.
False
T/F A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.
False
T/F A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.
False
T/F A specified state of mind, or intent, is not necessary to establish criminal liability.
False
T/F A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.
False
T/F A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.
False
T/F A statute that prohibits theft by means of false pretenses usually applies only to goods, not to services or cash.
False
T/F An act of omission cannot be a crime.
False
T/F In a criminal case, the object is to obtain a remedy.
False
T/F Under the principle of rights theory, the key factor in a decision is how the result may harm the rights of the company to make money.
False
T/F Warrants are required for searches of businesses in highly regulated industries.
False
Soda Bubbles Corporation makes soft drinks. Toby drinks a Soda beverage, which proves defective and injures him. One justification for holding Soda strictly liable for the harm caused to Toby is that
Soda is in a better position than Toby to bear the cost of her injury.
T/F A declaration that binds the person who makes it to do a certain act is a promise.
True
T/F A defective product is an unreasonably dangerous product when it is dangerous beyond the expectation of the ordinary consumer.
True
T/F A defendant may be able to limit liability for injuries caused by a defective product by showing that a plaintiff's negligence contributed to the injuries.
True
T/F A deposition can be used to impeach a party or witness who changes his or her testimony at trial.
True
T/F A law that that limits a fundamental right may be held to violate substantive due process.
True
T/F A mistake of fact can often excuse criminal responsibility.
True
T/F Controlling precedents are binding authorities.
True
T/F The Computer Access Device and Computer Fraud and Abuse Act prohibits cyber theft.
True
T/F The U.S. Constitution provides safeguards that apply not only in federal but also in state courts.
True
T/F The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights.
True
T/F The basis of a civil law system is a written code of laws.
True
T/F The common law is a body of law developed from judicial decisions.
True
T/F Voir dire refers to the jury selection process.
True
Bette choreographs a dance to accompany City Orchestra's performance of a medley of movie scores. Dian, a dance instructor, distributes copies of a short portion of the choreography to her students. This is most likely
a "fair use."
Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is
a trade name.
Ordering a party to perform what was promised is
an equitable remedy.
Stig creates unique graphic works that feature characters of his own imagination. Copyright protection for Stig's work is
automatic.
Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case
by a preponderance of the evidence.
In a suit by Climate Action Now (CAN) against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest's admission in response
conclusively establishes the matter for trial.
Without Research Data Corporation's consent, Sia hacks into the firm's computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of
conversion.
A business corporation that acts to ensure its employees are treated fairly and its operations minimally impact the environment is applying the concept of
corporate social responsibility.
Kohl receives from Lily a camera stolen from Mark. Kohl knows that the camera is stolen, and he intends to keep it. Kohl is
criminally liable.
River City enacts an ordinance that prohibits all advertising on the sides of trucks. A court would likely review this ordinance under the principles of
due process
Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is
embezzlement.
Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is
false.
Levon files a suit against Manufacturing Corporation. The defendant believes that even if the plaintiff's statement of the facts is true, according to the law the defendant is not liable. Manufacturing Corporation should
file a motion to dismiss.
Luz is an employee of Motor Parts, an auto parts store. On the orders of his employer, he switches trademarks on parts that come into the store to be sold to consumers. This is most likely
forgery.
Grill Time Inc. makes commercial cooking appliances, including a grill in use by Haute Cuisine Food Cart. Inez, a Haute employee, is injured when the grill malfunctions. If the injury occurred as a result of a misrepresentation about the product, Grill Time is most likely liable for
fraud.
Bram knows that the pipes in his building leak, but he tells Cass, a potential buyer, that there are no leaks. On this assurance, Cass buys the building. On learning the truth, she may sue Bram for
fraudulent misrepresentation.
State trial courts that are called county, district, superior, or circuit courts are most likely to have
general jurisdiction.
When the chief financial officer, or other executive, of a corporation is unsure whether a certain business action is legal, she should act
honestly and responsibly.
Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial
if the evidence is "fruit of the poisonous tree."
When adopting duty-based ethics, corporations often demonstrate the duties they owe
in their mission statements and strategic plans.
Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain
information that is relevant to the case.
Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have
intended to commit the act.
Mel agrees to work as a freight broker for National Shipping Inc. In determining whether a contract has been formed, an element of prime importance is the parties'
intent.
Darcy enters into a contract with Event Center Inc. to use its venue for a business meeting. If an ambiguity appears in the contract that outside evidence does not make clear, it will most likely be
interpreted against the party responsible for creating it.
Barney files a suit against Courtney, who fails to respond. Consequently, Courtney
is subject to a judgment of default.
Tabulated Data Inc. files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is
judicial review.
A company's ethical code of conduct is not
law.
Field Construction Inc. contracts with Mesa Ranch to build a new barn on Mesa's property for which Mesa agrees to pay. If this is a valid contract, it will be partly because it includes the element of
legality.
In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for
libel.
A constitution sets forth a government's
limits and powers.
Raul uses social media to post links that, when clicked, secretly install software on others' computers without the owners' knowledge Raul's software is designed to harm or disrupt the computers. This program is
malware.
Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is
national.
Liz and Moss disagree over the amount due under their contract. To avoid involving a third party in the resolution of their dispute, Liz and Moss could resolve their dispute through
negotiation.
Under the First Amendment, in comparison with commercial speech, the protection given obscene speech is
non-existent.
Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by
none of the choices
Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is
none of the choices.
Pat stands in front of Rogue's Tavern, shouting "fighting words" that are likely to incite Rogue's patrons to respond violently. The First Amendment protects such speech
none of the time.
Ivy slips and falls on the deck of Jet's Tour Boat and is injured. She incurs medical expenses of $500,000, and files a suit against Jet to recover. Under the "50 percent" rule, if Ivy is more than 50 percent at fault, she will recover
nothing.
Bounce Company makes trampolines and other gym equipment. Chet files a product liability suit against Bounce, alleging a warning defect in one of its products. In deciding whether to hold Bounce liable, the court may consider that a manufacturer has no duty to warn about risks that are
obvious.
During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can
offer her opinions and conclusions.
According to the theory of corporate social responsibility, any decision by corporate management should consider how an action affects the firm's
officers, shareholders, suppliers, customers, and community.
Mick hosts an NCAA basketball championship viewing party at his home, where Neff imbibes too much alcohol. Driving drunk after the party, Neff causes an accident in which Otto is injured. Under a dram shop act imposing liability on social hosts, Otto must prove
only the facts stated.
GoodGro Inc. makes genetically modified seeds that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely
patent infringement.
Epsilon Corporation makes scientific instruments that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a design defect product liability suit against Epsilon by a party allegedly injured by one of the devices, the company can most successfully raise the defense of
preemption.
Ethical issues that a business manager is not likely to encounter include
protocols for company meetings.
When making decisions that are ethical under either profit maximization or corporate citizenship theories, a business should include all of the following steps except
publicize the options you rejected with your reasons.
A truck with defective brakes runs off the street and crashes into Lima's home, damaging the property and injuring her. In a successful tort action against the truck's owner for gross negligence, Lima may be awarded punitive damages to
punish the defendant and deter others from similar wrongdoing.
Rita brings a tort action against Santo and proves all of the elements of the claim. Santo's successful defense will
release the defendant from partial or full liability for the tortious act.
Underscoring the importance of ethics is that the law is not always easy to interpret or apply because laws
represent the people's will, which changes.
Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally
sell the book to another person.
During the trial of a suit concerning the terms of a contract between Marvel and Nina, the plaintiff's attorney presents evidence from Ochre, who is not an expert in the field about which he is being questioned. Ochre can
testify only about what he personally observed.
Syd offers Tina, a city inspector, money to overlook health code violations in his restaurant. Tina accepts the money and overlooks the violations. Syd is charged with the crime of bribery. The crime occurred when
the bribe was offered.
Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that
the case is being heard for the first time.
The National Association of Manufacturers (NAM) announces a new industry code of ethics. The effectiveness of this code will be determined by
the commitment of NAM's members to enforcing the code.
Ovid wants to file a suit against Petra. For a court to hear the case,
the court must have jurisdiction.
DIY-Haul, Inc., makes, sells, and leases hauling equipment for consumer use. Ed files a product liability suit against DIY-Haul, alleging a design defect. In deciding whether to hold the maker liable, the court may consider
the expectations of the ordinary consumer.
The jurisdiction of the federal courts is limited because
the federal government has limited powers.
A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much lower limits. Under the U.S. Constitution
the federal rule takes precedence.
Teresa must resolve a business problem for which she believes there is no easy answer. She identifies the reasons for this belief before analyzing solutions. In terms of the IDDR approach, this is
the inquiry step.
Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to
the parts of the app that can be read by computers.
Predictive Data LLC makes and sells software that enables a business to target its advertising precisely. The company could successfully bring an action for copyright infringement against a competitor who copies
the parts of the software that can be read by humans.
The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established
the power of judicial review.
Ray, the manager of Soy Farm Inc., must decide whether to plant genetically modified seed that could spread to the crop of an adjacent farm, whose owner opposes its use. Not using the seed could cut Soy's production and profitability, impacting its owners, employees, creditors, and others. If Ray considers all of these factors in making his decision, he is likely applying
the principle of rights theory.
When price changes make performance of a contract costly, compliance with the terms may most certainly be obtained through
the principles of contract law.
A court's subject-matter jurisdiction may be limited by all of the following except
the prior experience of the court in deciding similar disputes.
Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is
the privilege against self-incrimination.
After a dinner at Rosa's Restaurant, So believes that he was overcharged and shoves Tell, the waiter, who is injured when he falls. Tell sues So, alleging that the shove was a battery. So is liable if
the shove was offensive.
Pseudo Drugs Inc. is convicted of trafficking in counterfeit prescription drugs. As a penalty, the company may be ordered to pay restitution to the trademark holders in an amount equal to
their lost net profits.
Brewed Beans Inc. makes and sells "CoCoCafe," a chocolate-flavored coffee. Darkroast Inc. later markets a similar drink under the name "KoKoKafe." This is most likely
trademark infringement.
Centre City enacts an ordinance that bans the distribution of all printed materials on city streets. Diners Café opposes the city's latest "revenue-enhancing" measure—a tax on prepared food sales—and wants to protest by distributing handbills. In Diners' suit against the city, a court would likely hold the ban on printed materials to be
unconstitutional under the First Amendment.
Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime
under all circumstances.
Organos Ltd. traffics in nutritional supplements that are marketed as genuine, trademark-branded products when in fact they are counterfeit. This is a crime
under all circumstances.
Ocean Inc., a seafood distributor, agrees to buy from Paul, a commercial fisher, any "overstock" of fish that he catches in excess of the legal limit. This agreement is most likely
void.
T/F An agreement to form a contract cannot modify the terms of a previous contract.
False
T/F An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability.
False
T/F An unusual or fanciful trade name is not protected under trademark law.
False
T/F Attempts to settle a case must be concluded before the litigation process begins.
False
T/F Because laws may change, the ability to analyze and evaluate the legal ramifications of situations as they arise is not a lasting skill.
False
T/F Because the Internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time.
False
T/F Civil law has to do with wrongs committed against society for which society demands redress.
False
T/F Contract law does not distinguish between moral and legal obligations.
False
T/F Crimes are sometimes prosecuted by crime victims rather than by a public official.
False
T/F Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.
False
T/F If a creative work is not copyrightable, other intellectual property law will not protect it.
False
T/F In a case involving Internet transactions, jurisdiction is proper only when the defendant conducts substantial business in the jurisdiction online.
False
T/F A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for strict liability.
True
T/F A trademark owner that successfully proves infringement can recover the profits that the infringer wrongfully received from the infringement.
True
T/F An economically injurious falsehood about a business's product can support a tort action for disparagement of property.
True
T/F An executed contract is one that has been fully performed by both parties to it.
True
T/F An illegal act committed by a business using nonviolent means to obtain a business advantage is a white-collar crime.
True
Via the Internet, Britta enters false code into the computer control system of Chicken Company, a food maker, to alter the levels of ingredients so that consumers of the food become ill. Britta is
a cyberterrorist.
Enrique accesses Finance Bank's computer system without authority to obtain protected financial records. Under federal law, this is
a felony if it was done for a commercial purpose.
In Rebuild Company's suit against Structural Engineers Inc., the plaintiff wants to introduce evidence that it claims is relevant. This is evidence that
all of the choices (establishes the degree of probability of a fact or action., tends to disprove a fact in question., tends to prove a fact in question.)
In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to
allow the minor to cancel the contract.
The Uniform Commercial Code facilitates commerce
among the states.
Dig LLC files a suit in a state court against Excavate Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. Excavate appeals to, and files a brief with, a state appellate court. Dig's attorney may file within a prescribed period of time
an answering brief.
The concept of venue reflects the policy that a court trying a case should
be in the geographic neighborhood of the incident or parties in dispute.