Quiz 1 Questions

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 judgement as a matter of law

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 motion to dismiss

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 new trial

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

A statement alleging the fats showing the court has jurisdiction.

The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether...

A trial is being held

Erin believes that a higher, or universal, law exists that applies to all human beings. Erin asserts that each written law should reflect the principles inherent in this higher law. Erin...

Adheres to the natural law tradition.

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...

Affirmed the case

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 appeals to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time...

An answering brief

Rachel is a state court judge. Salina appears in a case in Rachel's court, claiming that Tomas breached a contract. Possible remedies include...

An award of damages to Salina.

Sara brings a lawsuit against Tucci over a sale of 1,500 acres of ranchland. During the trial, Tucci's attorney asks questions of the plaintiff's witness Ulysses. This is...

Cross-examination

As a judge, Baxter applies common law rules. These rules develop from​...

Decisions of the courts in legal disputes

(t/f) A jury's good sense and careful consideration of consequences is known as jurisprudence.

False

(t/f) A justiciable controversy is a case in which the court's decision—the "justice" that will be served—will be controversial.

False

(t/f) A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgement for the other side.

False

(t/f) A person directly involved in the events concerning a lawsuit is known as an expert witness.

False

(t/f) A state case typically originates in a federal court

False

(t/f) A trial begins with the plaintiff's attorney's direct examination of the first witness .

False

(t/f) Constitutional law includes on the U.S. Constitution.

False

(t/f) Courts never depart from precedents.

False

(t/f) Either party may appeal a jury's verdict but only the defendant may appeal a judge's ruling.

False

(t/f) It is guaranteed that any judgment will be enforceable.

False

(t/f) Procedural law is irrelevant with respect to a person's ability to pursue a legal claim.

False

(t/f) The term alternative dispute resolution refers to methods for resolving disputes outside the traditional judicial process.

False

(t/f) To have standing to sue, a party must be "standing" in the geographical jurisdiction of the court in which a suit is filed.

False

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery asks the United States Supreme Court to review the case. The Court does not hear the case. This...

Means that the Montana court's decision is the new law in Montana

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...

Mountain's basis for relief

To resolve a dispute in nonbinding arbitration, Alyson in Baltimore and Chuck in Denver utilize E-Resolve, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts...

Not at all

David, an Alabama resident, files suit in an Alabama court against QuickAds, an internet company based in Georgia that provides advertising services. QuickAds' only contact with persons in Alabama has been through QuickAds' passive advertising. The Alabama court is...

Not likely to have jurisdiction over the case because QuickAds is based in Georgia, and only passively advertises in Alabama.

Sforza files a suit against Thieu. If this suit is like most cases, it will be...

Settled before a trial

Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have...

Standing

McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is...

The Degree of interactivity via the app between McHenry and OneWorld

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is...

The Judicial system

In an action against Gina, Harry obtains a remedy . This is...

The legal means to recover a right or to redress a wrong.

Jack enters into a contract with Jill's Farm to provide water for Jill's irrigation needs. Jack fails to deliver. Jill initiates a suit against Jack, asking the court to order Jack to perform. Jill is...

The plantiff

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organization) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include...

The rules issued by federal administrative agencies.

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

The selection of jurors.

(t/f) A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers .

True

(t/f) A summary judgment is issued only if there is no genuine question of fact.

True

(t/f) Business decision makers are expected to make decisions that are ethically sound.

True

(t/f) In most states, if neither party requests a jury, the court presumes the parties waive this right.

True

(t/f) In most states, in suits brought in small claims courts, lawyers are not required.

True

(t/f) Litigation is the process of resolving a dispute through the court system.

True

(t/f) Negotiation can involve the parties to a dispute and their attorneys.

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

The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in...

Wyoming Only

In 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...

an admission in court

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...

information that is relevant to the case

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent...

is incorrect or inapplicable

Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves...

recission

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of...

the law that applied to the issues in the case