Question 1

In Research & Development Company's suit against Structural Engineers,Inc.,Research & Development wants to introduce evidence that it claims is relevant.Relevant evidence is evidence that

Accepted Answer

The answer of In Research & Development Company's suit against...

Question 2

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

Accepted Answer

This is a motion for judgment n.o.v. (non obstante veredicto), which is a request that the court enter judgment in favor of the party who lost at trial because the evidence presented at trial was insufficient to support the verdict. It is essentially a request to overrule the jury's decision.

Question 3

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint.The complaint should include

Accepted Answer

The complaint must include a statement alleging the facts showing the court has jurisdiction. This is necessary to establish the court's authority to hear the case. A, B, and C are not necessary components of a complaint.

Question 4

Ballpark Sportsfield,Inc.,files a suit against Concessions & Tailgate Services.The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

Accepted Answer

The document that informs the defendant that they must file an answer within a specified time period is called a summons. Option A, the answer, is filed by the defendant in response to the complaint. Option B, the complaint, is filed by the plaintiff to initiate a lawsuit. Option C, the writ of certiorari, is a request made to a higher court to review a lower court's decision.

Question 5

Fact Pattern 3-B1 (Questions B5-B7 apply)
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.
-Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,and the court grants it,

Accepted Answer

If a court grants a motion to dismiss, it often allows the plaintiff an opportunity to amend the complaint to address the deficiencies noted by the court.

Question 6

Renewable Resources,Inc.,files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession.A legitimate reason for this examination is that the documents contain

Accepted Answer

Renewable Resources, Inc. has a legitimate reason to examine certain documents in Sunrich's possession only if they contain information that is relevant to the case.

Question 7

Fact Pattern 3-B1 (Questions B5-B7 apply)
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.
-Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,he is asserting that

Accepted Answer

If Enzo files a motion to dismiss, he is asserting that Destiny did not state a claim for which relief can be granted. This means that he believes that even if all of Destiny's allegations are true, they do not give rise to a legal cause of action.

Question 8

Fact Pattern 3-B1 (Questions B5-B7 apply)
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.
-Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,and the court denies it,

Accepted Answer

When a motion to dismiss is denied, the defendant, Enzo, is typically given time to file an answer or another appropriate response to the complaint.

Question 9

In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders,Inc.,the jury returns a verdict in Fuel Injection's favor.Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings.This is a motion for

Accepted Answer

Gears & Cylinders is requesting a new trial, indicating that they believe there were errors or issues with the previous trial that resulted in an unjust verdict. A motion for a judgment in accordance with the verdict is filed when both parties agree on the verdict, a judgment on the pleadings is filed before trial, and judgment n.o.v. is filed after the verdict if the jury's decision was unreasonable or without sufficient evidence.

Question 10

Lyn files a suit against Karl.Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach.Karl's claim is

Accepted Answer

Karl's claim is a counterclaim because it is a claim made by the defendant against the plaintiff in response to the plaintiff's original claim. A motion for judgment on the pleadings or a motion for summary judgment are procedural devices to end a case before trial, while a motion to dismiss is a request made by the defendant to dismiss the plaintiff's claim altogether.

Question 11

Before the trial of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores,Inc.,their attorneys engage in voir dire.This is

Accepted Answer

Voir dire is the process of selecting jurors for a trial. Attorneys from both sides question potential jurors to assess their suitability for the case at hand. This process is used to select impartial jurors who can render a fair verdict based on the evidence presented in the trial.

Question 12

In Precise Paving Company's suit against Ride,Park n' Go,Inc.,the jury returns a verdict in Precise Paving's favor.The plaintiff (Precise)will most likely ask the court to

Accepted Answer

When a jury returns a verdict in favor of the plaintiff, the plaintiff (Precise Paving Company) will likely ask the court to enter a judgment in accordance with the verdict. This means that the court will officially and legally recognize the jury's decision and issue a formal judgment in favor of Precise Paving. Option B, entering a judgment n.o.v. (non obstante verdicto), is typically requested by the defendant when they believe the jury's verdict was unfounded or biased. Option C, entering a judgment on the pleadings, occurs before a trial when a motion is made for the case to be dismissed based on the legal pleadings alone. Option D, ordering a new trial, may be requested by either party if they believe that there were errors during the first trial that affected the outcome. However, since the question specifies that the verdict was in Precise Paving's favor, it is unlikely that they would request a new trial.

Question 13

Fact Pattern 3-B2 (Questions B18-B20 apply)
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.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 Martin v.Nichelle,the appellate court upholds the lower court's verdict.The appellate court has

Accepted Answer

When an appellate court upholds a lower court's decision, it affirms the case. Choice letter A is the correct answer.

Question 14

To prepare for a trial between SmartPhones,Inc.,and TechApps Company,TechApps' attorney places SmartPhones' chief executive officer (CEO)under oath.A court official makes a record of the attorney's questions and the CEO's answers.This is

Accepted Answer

This situation describes a deposition, which is a pre-trial legal proceeding where a witness, such as a CEO, provides sworn testimony that is recorded by a court official in response to questioning by the opposing counsel. Cross-examination occurs during a trial, where a witness is questioned by the opposing counsel to challenge their testimony. Voir dire is the process of selecting a jury, and interrogatories are written questions posed by one party to the other party in a legal case.

Question 15

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland.During the trial,Quisa's attorney asks questions of the plaintiff's witness Raina.This is

Accepted Answer

Cross-examination refers to the questioning of a witness by the opposing party's attorney during a trial or hearing. It is used to challenge the witness's testimony and credibility.

Question 16

Fact Pattern 3-B2 (Questions B18-B20 apply)
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.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 Martin v.Nichelle,any judgment will be satisfied

Accepted Answer

The most likely scenario is that the losing party will be required to pay the judgment. If they are unable to pay, there may be measures taken such as wage garnishment or seizure of assets. However, the satisfaction of the judgment ultimately depends on the losing party's ability to pay. Therefore, the best choice is A.

Question 17

In Hazel's suit against Ingrid,the court issues a judgment in Ingrid's favor.If the case is appealed to an appropriate court of appeals,the appellate court will hear

Accepted Answer

The answer of In Hazel's suit against Ingrid,the court issues...

Question 18

Neville files a suit against Olina.If Olina fails to respond,

Accepted Answer

If Olina fails to respond, Neville will be awarded a default judgment. This means that the court will automatically rule in favor of Neville since Olina did not defend herself or respond to the suit.

Question 19

Fact Pattern 3-B2 (Questions B18-B20 apply)
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.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 Martin v.Nichelle,a party can appeal the decision to the United States Supreme Court if

Accepted Answer

The United States Supreme Court only has jurisdiction over cases that involve federal questions, meaning that federal law or the federal Constitution must be involved in some way. If such a question is present in Martin v. Nichelle, then the losing party may be able to appeal to the Supreme Court. Otherwise, the decision of the state's highest court will be final.

Question 20

Jenna files a civil suit against Keshia.To succeed,Jenna must prove her case

Accepted Answer

In civil cases, the burden of proof is by a preponderance of the evidence, which means that the evidence presented must show that it is more likely than not that the plaintiff's claims are true. This is a lower standard than beyond a reasonable doubt, which is the burden of proof in criminal cases. Option C is incorrect because there is rarely, if ever, indisputable proof in civil cases. Option D is incorrect because an attorney's opening statement is not evidence and does not represent a promise of proof.

Quiz 3: Court Procedures