Question 1

An appellate court can reverse the decision of a trial court that erred.​

Accepted Answer

A) True 
 B)False

Question 2

​Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

Accepted Answer

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

Question 3

The expenses associated with an appeal can be considerable.​

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)  ​an explanation of the proof to be offered at trial. 
B)  ​a statement refuting any defense that the defendant might assert. 
C)  ​a motion for judgment on the pleadings. 
D)  ​a statement alleging the facts showing the court has jurisdiction. 
A)  ​an explanation of the proof to be offered at trial. 
B)  ​a statement refuting any defense that the defendant might assert. 
C)  ​a motion for judgment on the pleadings. 
D)  ​a statement alleging the facts showing the court has jurisdiction.

Question 5

A trial begins with the plaintiff's attorney's direct examination of the first witness.

Accepted Answer

A) True 
 B)False

Question 6

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.​

Accepted Answer

A) True 
 B)False

Question 7

In most states, if neither party requests a jury, the court presumes the parties waive this right.​

Accepted Answer

A) True 
 B)False

Question 8

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

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. 
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 9

A counterclaim is raised by a plaintiff against a defendant's answer.​

Accepted Answer

A) True 
 B)False

Question 10

Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Bull v. Clay, the appellate court upholds the lower court's verdict. The appellate court has​

Accepted Answer

A)  ​affirmed the case. 
B)  ​reversed the case. 
C)  ​remanded the case. 
D)  ​reversed and remanded the case. 
A)  ​affirmed the case. 
B)  ​reversed the case. 
C)  ​remanded the case. 
D)  ​reversed and remanded the case.

Question 11

Pietro files a suit against Qiana. If Qiana fails to respond,​

Accepted Answer

A)  ​Pietro will have a default judgment entered against him. 
B)  ​Qiana will be considered to be in denial. 
C)  ​the suit will be dismissed. 
D)  ​Qiana will have a default judgment entered against her. 
A)  ​Pietro will have a default judgment entered against him. 
B)  ​Qiana will be considered to be in denial. 
C)  ​the suit will be dismissed. 
D)  ​Qiana will have a default judgment entered against her.

Question 12

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

A)  ​all of the evidence. 
B)  ​most of the evidence. 
C)  ​none of the evidence. 
D)  ​select pieces of evidence. 
A)  ​all of the evidence. 
B)  ​most of the evidence. 
C)  ​none of the evidence. 
D)  ​select pieces of evidence.

Question 13

Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be​

Accepted Answer

A)  ​appealed to a higher court. 
B)  ​dismissed or settled. 
C)  ​resolved but only after a trial. 
D)  ​remanded for further proceedings. 
A)  ​appealed to a higher court. 
B)  ​dismissed or settled. 
C)  ​resolved but only after a trial. 
D)  ​remanded for further proceedings.

Question 14

Chase is injured in an accident while driving an off-road vehicle made by Drivers Edge, Inc., an out-of-state corporation. Chase files a suit against Drivers Edge, alleging negligence, and mails a summons and a copy of the complaint to the firm by certified mail, return receipt requested. The envelope is addressed in part to "Elvin, President, Drivers Edge, Inc." The receipt is returned with the signature of "Francine," a Drivers Edge employee. A U.S. Postal employee later testifies that Francine usually receives mail on Drivers Edge's behalf. Drivers Edge does not respond to the suit. In a default judgment, Chase is awarded damages of $500,000. Later, Elvin claims that he was not notified of the suit and asks the court to set aside the judgment. What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?

Accepted Answer

The sufficiency of the service of proces

Question 15

Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. If Earth Movers to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time​

Accepted Answer

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

Question 16

At the beginning of a trial, only the defendant's attorney makes an opening statement.​

Accepted Answer

A) True 
 B)False

Question 17

Voir dire refers to the seriousness of the controversy in a case.​

Accepted Answer

A) True 
 B)False

Question 18

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​

Accepted Answer

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

Question 19

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of​

Accepted Answer

A)  ​an admission in court. 
B)  ​a statement to the media. 
C)  ​information to which Old Growth has a right of privacy. 
D)  ​irrelevant evidence. 
A)  ​an admission in court. 
B)  ​a statement to the media. 
C)  ​information to which Old Growth has a right of privacy. 
D)  ​irrelevant evidence.

Question 20

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case​

Accepted Answer

A)  ​beyond a reasonable doubt. 
B)  ​by a preponderance of the evidence. 
C)  ​through a scintilla of evidence. 
D)  ​to the extent promised in her attorney's opening statement. 
A)  ​beyond a reasonable doubt. 
B)  ​by a preponderance of the evidence. 
C)  ​through a scintilla of evidence. 
D)  ​to the extent promised in her attorney's opening statement.

Exam 3: Court Procedures

An appellate court can reverse the decision of a trial court that erred.​

​Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

The expenses associated with an appeal can be considerable.​

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

A trial begins with the plaintiff's attorney's direct examination of the first witness.

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.​

In most states, if neither party requests a jury, the court presumes the parties waive this right.​

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​

A counterclaim is raised by a plaintiff against a defendant's answer.​

Pietro files a suit against Qiana. If Qiana fails to respond,​

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​

Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be​

At the beginning of a trial, only the defendant's attorney makes an opening statement.​

Voir dire refers to the seriousness of the controversy in a case.​

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,​

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of​

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case​

Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Business and the Constitution

Business Ethics

Tort Law

Strict Liability and Product Liability

Intellectual Property Rights

Internet Law, Social Media, and Privacy

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Writing Requirement in Our Digital World

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance and Breach of Sales and Lease Contracts

Warranties

International and Space Law

Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Small Businesses and Franchises

All Forms of Partnerships

Limited Liability Companies and Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, and Shareholders

Mergers and Takeovers

Investor Protection, Insider Trading, and Corporate Governance

Administrative Agencies

Consumer Law

Environmental Protection

Antitrust Law

Professional Liability and Accountability

Personal Property and Bailments

Real Property and Landlord-Tenant Law

Insurance

Wills and Trusts

The Legal Environment of Business

Torts and Crimes

Contracts and E-Contracts

Domestic and International Sales and Lease Contracts

Negotiable Instruments

Creditors Rights and Bankruptcy

Agency and Employment

Business Organizations

Government Regulation

Property and Its Protection

Filters

An appellate court can reverse the decision of a trial court that erred.

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

The expenses associated with an appeal can be considerable.

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

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.

In most states, if neither party requests a jury, the court presumes the parties waive this right.

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

A counterclaim is raised by a plaintiff against a defendant's answer.

Pietro files a suit against Qiana. If Qiana fails to respond,

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

Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be

At the beginning of a trial, only the defendant's attorney makes an opening statement.

Voir dire refers to the seriousness of the controversy in a case.

Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,

In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging, Inc., NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial. Old Growth's admission in response is the equivalent of

Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case