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Court Procedures-Fall2011

Page history last edited by abogado 8 years, 10 months ago

QUIZZES-LAW10-FALL2011

Quiz C - Chapter 3 - Court Procedures  

 

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

a. depositions and interrogatories.

b. discovery.

c. hearsay.

d. the pleadings.

 

2. 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.

 

3. 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.

 

4. 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

a. a counterclaim.

b. a motion for judgment on the pleadings.

c. a motion for summary judgment.

d. a motion to dismiss. 

 

5. 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

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.

 

6. 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

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.

 

7. 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 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.

 

8. 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

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.

 

9. 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.

 

10. 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.

 

11. 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.

 

12. 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.

 

13. 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.

 

14. 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.

 

15. 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.

 

16. 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. a judgment in accordance with the verdict.

b. a judgment on the pleadings.

c. a new trial.

d. judgment n.o.v.

 

17. 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. a judgment in accordance with the verdict.

b. a judgment on the pleadings.

c. a new trial.

d. judgment n.o.v.

18. 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.  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.

 

19. 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. 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.

 

20.  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.  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 proceeds 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.

updated: 9/15/11 @8:02 am 

 

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