Exam 3: Court Procedures

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

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

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

Every judgment is enforceable.

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

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. -National Trucking Corporation files a suit in a state court against Odell's Service Company (OSC), and wins. OSC appeals the court's decision, as?serting that the evidence presented at trial to support National's claim was so scanty that no reasonable jury could have found for the plaintiff. There?fore, argues OSC, the appellate court should reverse the trial court's de?ci?sion. Is the appellate court likely to reverse the trial court's findings with re?spect to the facts? If not, why not? What are an appellate court's options after reviewing a case?

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

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

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

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

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

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

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

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

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

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

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

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.

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

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. -Best Engineering, Inc., performs computer programming services for Complex Products Corporation (CPC). When CPC's computer system crashes, it loses $250,000 worth of business and pays $50,000 to have the system reprogrammed. CPC announces to the media that the crash was due to Best's incompetence and files a complaint in a federal court against the firm. In response, what are Best's options?