BUS 221 - Ch 3 MC + TF

Created by peter_patriarca 

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Corporate Inc. is considering a suit against First Bank. Important considerations include...

1. Alternatives to settling the dispute without going to court
2. the cost of going to court
3. the patience to follow a case through the judicial system

Digital Corporation initiates a lawsuit against Eagle Company. Digital's complaint should contain....

1. A statement alleging jurisdictional facts
2. a statement asking for a specific remedy
3. A statement of facts entitling the complainant to relief

Alpha Company files a suit against Beta Corp. Before the trial, Alpha can obtain from Beta....

Access to related documents in Beta's possession

In Doug's suit against Eve, Eve may file a motion to dismiss

If the court lacks jurisdiction or if the complaint does not state a claim for which relief can be granted

Chris serves a complaint on Dru, who files a motion to dismiss. If the motion is denied....

Dru will be given time to file another response.

Jill and Ken are involved in a car accident. Lyle is a passenger in Ken's car. Jill wants to ask Lyle, as a witness, some questions concerning the accident. Lyle's answers to the questions are given in...

a Deposition

Fit Manufacturing Inc loses its suit against Great Products Inc, and files an appeal. The appellate court is most likely to review the trial court's....

Application of the law

Ron files a suit against Sal. At the trial, after Ron calls and questions Tim...

Sal questions Tim

The jury returns a verdict against Natural Corp (NC), in its suit against Omega Inc. NC can file a motion for..

a new trial or for a judgement notwithstanding the verdict

ABC Sales Company wins its suit against Delta Products Inc. After the entry of a judgement, an appeal may be filed by...

either ABC or Delta

T or F: Pleadings consist of a complaint, an answers, and motion to dismiss

False

T or F: In ruling on a motion for summary judgement, a court cannot consider evidence outside the pleadings

False

T or F: At a pretrial conference, the parties and the judge may set ground rules for the trial.

True

T or F: An answer may admit or deny the statements or allegations in a complaint.

True

T or F: Before a trial, if there are no issues of fact, a court may grant a summary judgement.

True

T or F: Only a losing party may appeal to a higher court

False

T or F: To obtain documents from an opposing party in anticipation of a trial, a party uses the discovery process.

True

T or F: In a jury trial, the parties have a right to conduct "voir dire".

True

T or F: In a civil case, a plaintiff must establish his or her case beyond a reasonable doubt.

False

T or F: A motion for a new trial is granted if a jury verdict is the obvious result of a misapplication of the law.

True

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