BLW Chapter 3

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Court Procedures

False

U.S. courts utilize the conciliatory system of justice.

True

U.S. courts follow the adversarial system of justice.

True

The 3 major stages of litigation are pretrial, trial, and post-trial.

False

The 3 major stages of litigation are filing, answering, and appealing.

False

Service of process is the process of obtaining information form an opposing party before trial.

True

In most states, if neither party requires a jury, there will be no jury trial.

True

An answer can admit to the allegations made in a complaint.

False

A counterclaim may be raised by a plaintiff against a defendant's response to a complaint.

True

An affirmative defense asserts facts that purport to show why a defendant is not liable for a plaintiff's harm.

False

Only a plaintiff may file a motion for summary judgment.

False

A summary judgment will be granted when there are genuine issues of fact in a trial and no question of law.

True

A motion for summary judgment may be supported with materials outside the pleadings.

False

A motion for summary judgment may be made before, during, or after a trial.

False

An affidavit is a set of written questions answered under oath.

False

Only a defendant may file for summary judgment.

False

In most states, if neither party requests a jury, the court will seat a jury on its own motion.

True

In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial.

True

There is a right to a jury trial for a case at law in a federal court only when the amount in controversy exceeds a certain amount.

False

Vior dire is a process for presenting evidence in a case.

False

During jury selection, a party cannot ask, without providing a reason, that some individuals not be sworn in as jurors.

True

Testimony given in court about what someone heard someone else say is not admissible as evidence.

False

At the commencement of a trial, only the plaintiff's attorney makes an opening statement.

True

After a defendant finished introducing his or her evidence, the plaintiff can present a rebuttal.

True

A plaintiff's rebuttal includes evidence to refute the defendant's case.

True

A jury verdict specifies the amount of damages to be paid by a losing party.

True

A judge instructs a jury as to the law that applies in a case.

True

A brief includes a statement of the applicable law in a case.

Holly's fee, court fees, and other expenses.

Glen retain Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corp. Glen wins. He must pay...

The pleadings.

To initiate a lawsuit, Allen files a complaint against Beth, who responds with an answer. Taken together, the complaint and answer are...

A statement of the facts necessary to show Ula is entitled to relief.

Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include...

A statement of the grounds for the court to exercise jurisdiction.

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

Mac will have a judgment entered in his favor.

The sheriff serves Nan with a summons. If Nan chooses to ignore it...

The summons.

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

Mac will also have to file a response.

If Nan responds to Mac's complaint by filing a counterclaim, then

A motion to dismiss.

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...

Whatever means is reasonably calculated to do the job.

All-USA Imports, Inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be by...

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

If Pia files a motion to dismiss, she is asserting that...

Notice and an opportunity to respond.

Indelible Fabrics, Inc. (IFI), makes "Jean's Denim," a famous brand of clothing. Without IFI's consent, Kopy Company (KC) begins to use "jeansdenim" as part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide...

Pia will be given more time to file another response.

If Pia files a motion to dismiss, and the court denies it...

A counterclaim.

Linda files a suit against Kate. Kate denies Linda's charges and sets forth her own claim that Linda breached their contract and owes Kate money for the breach. This is...

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

If Pia files a motion to dismiss, and the court grants it...

Dismissed or settled at this point.

Opal files a complaint in a suit against Phil, and he files an answer. The case may now be...

Proof that Real Cleen needs to establish its case.

Real Cleen Laundry, Inc., files a suit against Sudsee Soap Company and seeks, as part of dis¬covery, certain documents in Sudsee's possession. A legitimate reason for this request is that the documents contain...

A motion to dismiss.

Quin files a suit against Regal Products, Inc. Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is...

Retail only.

Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for Quality. Tod is a witness for Retail. Quality may direct interrogatories to

A motion for summary judgment.

Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is...

A deposition.

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...

Ed's complaint.

In Ed's suit against First National Bank, the discovery phase would include all of the following EXCEPT...

The selection of jurors.

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

All documents in Flying's possession relating to the contract.

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying...

Establishes the degree of probability of a fact or action. Tends to disprove a fact in question. And tends to prove a fact in question.

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 direct examination.

During the trial, Diners' attorney questions the plaintiff's witness Floyd. This is...

Direct examination.

Toppers, Inc., files a suit against Unique Hat Company. Toppers's attorney calls Vicky, the first witness, and questions her. This questioning is...

A cross-examination.

The attorney for Eateries also questions Floyd. This is...

By a preponderance of the evidence.

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

File a motion for a directed verdict or present the defendant's case.

After Diners' attorney's presents the plaintiff's case, the attorney for Eateries can...

Enter a judgment in accordance with the verdict.

In Kettle Cafe's suit against Luscious Morsels, Inc., the jury returns a verdict in Kettle's favor. Kettle will most likely ask the court to...

For a new trial.

After a trial between Unreal Games, Inc., and Virile Video Corporation, the jury renders a verdict in Unreal's favor. Virile's attorney can file a motion...

A new trial.

In Federated Corporation's suit against Great Stores, Inc., the jury returns a verdict in Federated's favor. Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for...

A notice of appeal.

If Moe decides to appeal to a state appellate court, Moe's attorney must file, with the clerk of the trial court within a prescribed period of time...

Judgment n.o.v.

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for...

A copy of the record on appeal.

If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed period of time...

Affirm, reverse, or remand all or part of the lower court's decision.

After its review of Kelly v. Lewis, the appellate court can...

A notice of appeal.

If Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a prescribed period of time...

A federal question is involved.

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...

An answering brief.

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

If the losing party pays the judgment, or his or her property is sold and the pro-ceeds paid to the winner.

After a final determination in the case of Kelly v. Lewis, any judgment will be satisfied

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