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court procedures fall2013

Page history last edited by abogado 6 years, 11 months ago

Quizzes-Law10-Fall2013

 

Chp. 3 Court Procedures

 

 1.   Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

 

a.    an explanation of the proof to be offered at trial.

b.    a motion for judgment n.o.v.

c.    a motion for judgment on the pleadings.

d.    a statement alleging the facts showing the court has jurisdiction.

 

 2.   Kyle files a suit against Lora. The document that informs Lora that she is required to respond is

 

a.    the answer.

b.    the complaint.

c.    the service of process.

d.    the summons.

 

 3.   Jason files a suit against Maybelline. If Maybelline fails to respond, Jason

 

a.    must appeal the case to a different court.

b.    must refile the suit in the same court.

c.    will be awarded the remedy sought.

d.    will have a default judgment entered against him.

 

 4.   Ruth files a suit against Solid Products, Inc. Solid responds that even if Ruth’s statement of the facts is true, according to the law Solid is not li­able. This is

 

a.    a counterclaim.

b.    a motion for judgment on the pleadings.

c.    a motion for summary judgment.

d.    a motion to dismiss.

 

Fact Pattern 1 (Questions 5–7 apply)

Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.

 

5.   Refer to Fact Pattern 1 above. If Pia files a motion to dismiss, she is asserting that

 

a.    Orin did not state a claim for which relief can be granted.

b.    Orin’s statement of the facts is not true.

c.    Orin’s statement of the law is not true.

d.    Pia suffered greater harm than Orin.

 

 6.   Refer to Fact Pattern 1. If Pia files a motion to dismiss, and the court denies it

 

a.    Orin will be given more time to file an amended complaint.

b.    Orin will have a judgment entered in his favor.

c.    Pia will be given more time to file another response.

d.    Pia will have a judgment entered in her favor.

 

 

7.   Refer to Fact Pattern 1. If Pia files a motion to dismiss, and the court grants it

 

a.    Orin will be given more time to file an amended complaint.

b.    Orin will have a judgment entered in his favor.

c.    Pia will be given more time to file another response.

d.    Pia will have a judgment entered in her favor.

 

 8.   Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to examine certain documents in Thunder’s possession. A legitimate reason for this examination is that the documents contain

 

a.    evidence about the case.

b.    private information about Thunder’s operations.

c.    public information about energy generation.

d.    irrelevant data that can be eliminated from consideration.

 

 9.    To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC’s attorney places LLDC’s president under oath. A court reporter makes a record of the attorney’s questions and the officer’s answers. This is

 

a.    a cross-examination.

b.    a deposition.

c.    an imposition.

d.    an interrogatory.

 

 10.  During the trial phase of Fuel Corporation’s suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

 

a.    the assessment of the arguments on the issues.

b.    the determination of the issues to be argued.

c.    the litigation of the issues and arguments.

d.    the selection of jurors.

 

 11. In Market Company’s suit against National Credit Corporation, Market 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.

 

 

 12.   During a trial between Laramie and Mikayla over a sale of allegedly dis­eased livestock, Mikayla’s attorney asks questions of the plaintiff’s witness Nilson. This is

 

a.    a cross-examination.

b.    a deposition.

c.    a direct examination.

d.    an interrogatory.

 

 13. Irma files a civil suit against Jim. To succeed, Irma must prove her case

 

      a.    beyond a reasonable doubt.

      b.    by a preponderance of the evidence.

      c.    by indisputable proof.

      d.    within an iota of the truth.

 

 14.  In Call-Me Cell Company’s suit against Rude Ringtones, Inc., the jury returns a verdict in Call-Me’s favor. Call-Me 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.

 

 

 15.  In Brick ‘n Mortar Corporation’s suit against Online Mall, Inc. (OMI), the jury re­turns a verdict in Brick ‘n Mortar’s favor. OMI files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo­tion for

 

a.    a judgment in accordance with the verdict.

b.    a judgment on the pleadings.

c.    a new trial.

d.    judgment n.o.v.

 

 

 16.  In Troll Line Fishing Company’s suit against UniHarvest, Inc., the jury returns a verdict in Troll Line’s favor. UniHarvest files a motion stating that even if the evi­dence is viewed in the light most favorable to Troll Line, a reasonable jury should not have found in its favor. This is a mo­tion for

 

a.    a judgment in accordance with the verdict.

b.    a judgment on the pleadings.

c.    a new trial.

d.    judgment n.o.v.

 

 

 

 17.  In Phil’s suit against Riley, the court issues a judgment in Riley’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.

 

 

Fact Pattern 2 (Questions 18–20 apply)

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court.

 

18.  Refer to Fact Pattern 2. After its review of Kelly v. Lewis, the appel­late court can

 

      a.    affirm, reverse, or remand all or part of the lower court’s decision.

      b.    only affirm or reverse all or part of the lower court’s decision.

      c.    only remand all or part of the lower court’s decision.

      d.    only reverse or remand all or part of the lower court’s decision.

 

 

 19.  Refer to Fact Pattern 2. After a final determination in the case of Kelly v. Lewis, any judgment will be satisfied

 

a.    if the losing party pays the judgment, or his or her property is sold and the pro­ceeds paid to the winner.

      b.    only if the court orders the sheriff to pay the winner.

      c.    only if the losing party pays the judgment in cash.

d.    only if the losing party’s property is sold and the proceeds paid to the winner.

 

 

20.  Refer to Fact Pattern 2. After the state’s highest court’s review of Kelly v. Lewis, 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.

 

 

 

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