Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

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. 
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 4

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

Accepted Answer

A)  the answer. 
B)  the complaint. 
C)  the service of process. 
D)  the summons. 
A)  the answer. 
B)  the complaint. 
C)  the service of process. 
D)  the summons.

Question 5

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

Accepted Answer

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. 
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 6

A judgment may go unpaid.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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.
-Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made?

Accepted Answer

After the pleadings have been filed, eit

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

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. 
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 11

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

Accepted Answer

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

Question 12

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

Accepted Answer

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. 
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 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A)  a cross-examination. 
B)  a deposition. 
C)  an imposition. 
D)  an interrogatory. 
A)  a cross-examination. 
B)  a deposition. 
C)  an imposition. 
D)  an interrogatory.

Question 15

Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

Accepted Answer

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. 
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 16

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

Accepted Answer

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. 
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 17

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

Accepted Answer

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. 
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 18

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

Accepted Answer

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

Question 19

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

Accepted Answer

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

Question 20

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

Accepted Answer

A)  a judgment in accordance with the verdict. 
B)  a judgment on the pleadings. 
C)  a new trial. 
D)  judgment n.o.v. 
A)  a judgment in accordance with the verdict. 
B)  a judgment on the pleadings. 
C)  a new trial. 
D)  judgment n.o.v.

Exam 3: Court Procedures

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

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

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

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

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 judgment may go unpaid.

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

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

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

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

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

Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

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

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

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Constitutional Authority to Regulate Business

The Statute of Fraudswriting Requirements

Ethics and Business Decision Making

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Internet Law

Criminal Law and Cyber Crimes

Nature and Terminology

Agreement

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

E-Contracts and E-Signatures

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Checks, the Banking System, and E-Money

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Agency Formation and Duties

Liability to Third Parties and Termination

Employment and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporationsformation and Financing

Corporationsdirectors, Officers, Shareholders

Corporationsmerger, Consolidation, Termination

Corporationssecurities Law Corporate Governance

Law for Small Businesses

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

Personal Property and Bailments

Real Property and Landlord-Tenant Relationships

Insurance

Wills and Trusts

Professional Liaility and Accountability

International Law in a Global Economy

Legal and Ethical Issues in Business

Legal Issues

Contracts and Business Law

Contracts and Liability

Banking and Payment Systems

Loan Security and Repossession in Credit Transactions

Employment Law and Ethics

Legal Issues in Corporate Governance and Business Operations

Legal and Ethical Issues in Environmental Protection and Consumer Rights

Legal Issues in Property and Land Use

Accounting and Ethics

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