Bus law quiz 3

A court of appeals does not hear any evidence

True

Hearsay evidence is what someone heard someone else say

True

In most states, if neither party requests a jury, the court presumes the parties waive this right.

True

complaint

1. contains a statement alleging the facts showing that the court has subject matter and personal jurisdiction. 2. the facts establish the plaintiffs basis for relief 3. the remedy the plaintiff is seeking

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit

True

A counterclaim is raised by a plaintiff against a defendant's answer

False

A reviewing court may reverse a trial court's judgment only in a case in which the plaintiff lost

False

An expert witness is a person who is directly involved in the events concerning a lawsuit

False

At the beginning of a trial, only the defendant's attorney makes an opening statement.

False

Either party may appeal a jury's verdict but only the defendant may appeal a judge's ruling

False

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

False

It is guaranteed that any judgment will be enforceable

False

Only a defendant can file a motion to dismiss

False

Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

False

The litigation process has three phases: filing, answering, and appealing

False

After both sides have rested their cases, only the plaintiff's attorney makes a closing argument

Flse

verdict

once a jury has reached a decision, it issues a verdict. in favor of one party. the verdict specializes the jury's factual findings

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint If Enzo files a motion to dismiss, and the court grants it, a. Destiny will be given time to file an amended complaint. b. Destiny will have a judgment entered in her favor. c. Enzo will be given time to file another response. d. Enzo will have a judgment entered in his favor.

A

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. B5. Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, he is asserting that a. Destiny did not state a claim for which relief can be granted. b. Destiny's statement of the facts is not true. c. Destiny's statement of the law is not true. d. Enzo suffered greater harm than Destiny.

A

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 a. enter a judgment in accordance with the verdict. b. enter a judgment n.o.v. c. enter a judgment on the pleadings. d. order a new trial.

A

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.

A

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. B18. Refer to Fact Pattern 3-B2. After its review of Martin v. Nichelle, the appel¬late court upholds the lower court's verdict. The appellate court has a. affirmed the case. b. reversed the case. c. remanded the case. d. reversed and remanded the case.

A

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After a final determination in the case of Martin v. Nichelle, any judgment will be satisfied a. if the losing party pays the judgment. b. if the winning party has sufficient assets to cover the amount of damages sought. c. if the losing party proves that he or she is unable to pay the judgment. d. all of the choices.

A

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. Refer to Fact Pattern 3-B2. After the state's highest court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if a. a federal question is involved. b. a question of state law remains unresolved. c. the party is unsatisfied with the result. d. the state trial and appellate court rulings are different.

A

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland. During the trial, Quisa's attorney asks questions of the plaintiff's witness Raina. This is a. a cross-examination. b. a deposition. c. a direct examination. d. an interrogatory.

A

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 a. information that is relevant to the case. b. private information about Sunrich's operations. c. public information about energy generation. d. irrelevant data that can be eliminated from consideration.

A

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case a. beyond a reasonable doubt. b. by a preponderance of the evidence. c. by indisputable proof. d. to the extent promised in her attorney's opening statement.

B

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is a. a cross-examination. b. a deposition. c. voir dire. d. an interrogatory.

B

Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint If Enzo files a motion to dismiss, and the court denies it, a. Destiny will be given time to file an amended complaint. b. Destiny will have a judgment entered in her favor. c. Enzo will be given time to file another response. d. Enzo will have a judgment entered in his favor.

C

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.

C

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 a. all of the evidence. b. most of the evidence. c. none of the evidence. d. select pieces of evidence.

C

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 writ of certiorari. d. the summons.

D

During the trial phase of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is a. an assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the testimony by a party to the lawsuit or by any witness, recorded by an authorized court official. d. the selection of jurors.

D

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include a. an explanation of the proof to be offered at trial. b. a statement refuting any defense that the defendant might assert. c. a motion for judgment on the pleadings. d. a statement alleging the facts showing the court has jurisdiction.

D

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 evi¬dence is viewed in the light most favorable to Coastal, a reasonable jury should not have found in its favor. 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.

D

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 a. establishes the degree of probability of a fact or action. b. tends to disprove a fact in question. c. tends to prove a fact in question. d. all of the choices.

D

Neville files a suit against Olina. If Olina fails to respond, a. Neville must appeal the case to a different court. b. Olina's failure to respond will be considered to be a denial. c. Neville will not be awarded the remedy sought. d. Olina will have a default judgment entered against her.

D

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

True

Any written material, including information stored electronically, can be the object of a discovery request

True

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

True

The expenses associated with an appeal can be considerable

True

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings

True

motion for summary judgement

asks the court for a grant a judgement in that party's favor without a trial. this motion can be made before or during the trial

pretrial conference

a hearings usually, the conference consists of an informal discussion between the judge and the opposing attorneys after discovery has taken place

deposition

a sworn testimony by a party to the lawsuit or by any witness

motion to dismiss

asking the court to dismiss the case for the reasons stated in the motion. normally, it is the defendant who request for dismissal

opening statements

beginning of the trail attorneys set fourth opening statements that they choose to prove during the trail. Kind of like a sales pitch

affirmative defense

claiming you're not liable for the damages based on negligence

summons

copy of complaint. a notice requiring the defendant to appear in court and answer the complaint

brief

formal legal document outlining the facts and issues of the case, the judges rulings or jury's findings that should be reversed or modified

default judgement

if somebody is awarded the damages alleged in a complaint because the other person failed to respond to the allegations

cross examination

other attorney asks "your" witness questions

pleadings

the complaint and the answer. the pleadings inform each party of the others claim and specify the issues involved in the case

discovery

the process of obtaining information from the opposing party or from witnesses prior to trial

motion ofr judgement on the pleadings

this motions asks for the court to decide the issue solely on the pleadings without proceeding to trial

counterclaim

when someone denys the allegations set forth on his own claim

direct examination

whenever attorney on either side puts their witness on the stand and asks them questions

Interagatories

written questions that the person who answers has to give

closing argument

• Each attorney summarizes the facts and evidence presented during the trail and indicates why the facts and evidence support his or her clients claim