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Court Procedures

Glen re-tains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against interstate Shipping Corporation. Glen wins. he must pay

Holly's fee, court fees, and other expenses

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

the pleadings

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

a statement of the facts necessary to show Ula is entitled to relief

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

a statement of the grounds for the court to exercise jurisdiction

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

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

Mac will have the judgement in his favor

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

the summons

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

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

Mac will also have to file a response

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

a motion to dismiss

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

whatever means is reasonably calculated to do the job

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

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

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

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

notice and an opportunity to respond

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

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

Pia will be given more time to file another response

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

a counterclaim

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

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

Orin will be given more time to file an amended complaint

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

dismissed or settled at this point

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

proof that Real Cleen needs to establish its case

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

a motion to dismiss

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 interrogations to

Retail only

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 motion for summary judgement

To prepare fr 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 deposition

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

ed's complaint

would include: ed's deposition, requests for first national's admissions, first national's replies to Ed's interrogatories

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

the selection of jurors

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

all documents in Flying's possession relating to the contract

In Market Company's suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that

all of the choices:
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

Diners Corporation files a suit against Eateries, Inc

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

a direct examination

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

direct examination

Diners Corporation files a suit against Eateries, Inc

The attorney for Eateries also questions Floyd. This is

a cross-examination

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

by a preponderance of the evidence

Diners Corporation files a suit against Eateries, Inc

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

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

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

enter a judgment in accordance with the verdict

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

for 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 new trial

Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict

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

a notice of appeal

In Restful Motel's suit against Sleepy Hotel, 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

judgement n.o.v.

Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict

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

a copy of the record on appeal

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

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

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

Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict

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 notice of appeal

Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict

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

an answering brief

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

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 federal question is involved

Kelly files a suit against Lewin in a state court. 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 Kelly v. Lewis, any judgement will be satisfied

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

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