Deck 3: Court Procedures

Question 1

Only a plaintiff may file a motion for summary judgment.

Answer 1

False

Question 2

A motion for summary judgment may be supported with materials out?side the pleadings.

Answer 2

True

Question 3

The three major stages of litigation are pretrial, trial, and posttrial.

Answer 3

True

Question 4

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

Question 5

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

Question 6

Only a defendant may file a motion for summary judgment.

Question 7

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

Question 8

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

Question 9

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

Question 10

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.

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

The party who files an appeal must file with the clerk of the appellate court a record of the trial court proceedings.

Question 22

In most appealed cases, a trial court's decision is affirmed.

Question 23

A motion for a judgment notwithstanding the verdict seeks to set aside a verdict and enter a new verdict in favor of the nonprevailing party.

Question 24

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

Question 25

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

Question 26

A case is remanded when it is sent back for further proceedings to the court that originally heard the case.

Question 27

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

Question 28

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

Question 29

A judgment may go unpaid.

Question 30

An appellate court may elect to hear new evidence in a suit.

Question 31

Every judgment is enforceable.

Question 32

A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Question 33

A party who files an appeal is known as an appellant.

Question 34

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

Question 35

A reviewing court reverses a trial court's judgment only in cases in which the plaintiffs lost.

Question 36

An appellate court will overturn the decision of a trial court that makes an error of law.

Question 37

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

Question 38

In an appeal, the parties' attorneys cannot present oral arguments.

Question 39

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

Question 40

After a decision has been rendered in a case, no party can file an appeal.

Question 41

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 of the grounds for the court to exercise jurisdiction.

Question 42

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
Refer to Fact Pattern 3-B1. 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.

Question 43

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

A) depositions and interrogatories.
B) discovery.
C) hearsay.
D) the pleadings.

Question 44

Fact Pattern 3-A1
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
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 li?able. This is

A) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 45

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 46

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
Refer to Fact Pattern 3-B1. 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.

Question 47

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

A) court fees and other expenses, but not Holly's fee.
B) Holly's fee, court fees, and other expenses.
C) Holly's fee only.
D) neither Holly's fee nor court fees and other expenses.

Question 48

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
Refer to Fact Pattern 3-B1. 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.

Question 49

Fact Pattern 3-A1
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
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

A) e-mail.
B) personal delivery.
C) regular mail.
D) whatever means is reasonably calculated to do the job.

Question 50

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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) Retail only.
B) Retail, Sid, or Tod.
C) Sid only.
D) Sid or Tod only.

Question 51

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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.

Question 52

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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) private information that should be made public.
B) proof that Real Cleen needs to establish its case.
C) proof that Sudsee needs to defend against the suit.
D) public information in its most convenient form.

Question 53

Fact Pattern 3-A1
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
Refer to Fact Pattern 3-A1. The sheriff serves Nan with a summons. If Nan chooses to ignore it

A) Mac must file an amended complaint.
B) Mac will have a judgment entered in his favor.
C) Nan must be served with a second summons.
D) Nan will have a judgment entered in her favor.

Question 54

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

Question 55

Fact Pattern 3-A1
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
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.

Question 56

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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

A) equality and fairness in adjudication.
B) notice and an opportunity to respond.
C) space to fill in important information and time in which to do it.
D) privacy between the litigants and publicity in the judgment.

Question 57

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

A) an explanation to refute any defense the defendant might assert.
B) a motion for summary judgment.
C) a motion to dismiss.
D) a statement of the facts necessary to show Ula is entitled to relief.

Question 58

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
Opal files a complaint in a suit against Phil, and he files an answer. The case may now be

A) dismissed only after a trial begins.
B) dismissed or settled at this point.
C) resolved only after a trial ends.
D) settled only during a trial.

Question 59

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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) an affirmative defense.
B) a counterclaim.
C) a crossclaim.
D) an irrelevant response.

Question 60

Fact Pattern 3-A1
Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint.
Refer to Fact Pattern 3-A1. If Nan responds to Mac's complaint by filing a counterclaim, then

A) Mac will also have to file a response.
B) Mac will have a judgment entered in his favor.
C) Nan will also have to file an amended answer.
D) Nan will have a judgment entered in her favor.

Question 61

Fact Pattern 3-A3
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-A3. 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) a formal refusal to abide by the verdict.
B) a notice of appeal.
C) a transcript of the trial and copies of the exhibits.
D) the judgment order from which the appeal is taken.

Question 62

Fact Pattern 3-A3
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-A3. If Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a pre?scribed period of time

A) a demand to be heard.
B) a motion for a judgment n.o.v.
C) a notice of appeal.
D) a request for affirmance, remand, or reversal.

Question 63

Fact Pattern 3-B2
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.
Refer to Fact Pattern 3-B2. 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.

Question 64

Fact Pattern 3-A3
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
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 evi?dence 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) a judgment in accordance with the verdict.
B) a judgment on the pleadings.
C) a new trial.
D) judgment n.o.v.

Question 65

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-A2. After Diners' attorney's presents the plaintiff's case, the attorney for Eateries can

A) file a motion for a directed verdict only.
B) file a motion for a directed verdict or present the defendant's case.
C) neither file a motion for a verdict nor present the defendant's case.
D) present the defendant's case only.

Question 66

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-A2. The attorney for Eateries also questions Floyd. This is

A) a cross-examination.
B) a direct examination.
C) an interrogatory.
D) a request for admissions.

Question 67

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
Refer to Fact Pattern 3-A2. During the trial, Diners' attorney questions the plaintiff's witness Floyd. This is

A) a cross-examination.
B) a direct examination.
C) an interrogatory.
D) a request for admissions.

Question 68

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
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.
B) direct examination.
C) recross-examination.
D) redirect examination.

Question 69

Fact Pattern 3-B2
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.
Refer to Fact Pattern 3-B2. 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.

Question 70

Fact Pattern 3-A3
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-A3. If Moe appeals to, and files a brief with, a state appellate court, Liz's attorney may file within a prescribed period of time

A) an advisory interrogatory.
B) an answering brief.
C) a request for a deposition.
D) a responding motion for judgment on the brief.

Question 71

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
In Ed's suit against First National Bank, the discovery phase would in?clude all of the following except

A) Ed's complaint.
B) Ed's deposition.
C) Ed's requests for First National's admissions.
D) First National's replies to Ed's interrogatories.

Question 72

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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.

Question 73

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
In Federated Corporation's suit against Great Stores, Inc., the jury re?turns 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 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.

Question 74

Fact Pattern 3-A3
Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict.
Refer to Fact Pattern 3-A3. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed pe?riod of time

A) a brief including the arguments of both parties.
B) a copy of the record on appeal.
C) an explanation for the verdict.
D) a statement of the grounds for reversal.

Question 75

Fact Pattern 3-B2
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.
Refer to Fact Pattern 3-B2. 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 pro?ceeds 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.

Question 76

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying

A) all documents in Flying's possession relating to the contract.
B) any documents in Flying's possession.
C) no documents in Flying's possession.
D) only those documents that Flying agrees to release.

Question 77

Fact Pattern 3-B1
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a lawsuit against Pia by filing a complaint.
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.

Question 78

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
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) for a new trial.
B) for judgment on the pleadings.
C) for summary judgment.
D) to dismiss the case.

Question 79

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
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

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.

Question 80

Fact Pattern 3-A2
Diners Corporation files a suit against Eateries, Inc.
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.