Exam 3: Court Procedures

A counterclaim may be raised by a plaintiff against a defendant's response to a complaint.

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. -Opal files a complaint in a suit against Phil, and he files an answer. The case may now be

A judge instructs a jury as to the law that applies in a case.

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 decides to appeal to a state appellate court, Moe's attorney must file, with the clerk of the trial court within a prescribed period of time

Service of process is the process of obtaining information from an opposing party before trial.

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 Liz decides to appeal to a state appellate court, Liz's attorney must file, with the clerk of the appellate court within a pre?scribed period of time

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. -Refer to Fact Pattern 3-B2. 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

In a federal case at law involving more than $20 in damages, a defendant has the right to a jury trial.

Only a defendant may file a motion for summary judgment.

Only a plaintiff may file a motion for summary judgment.

A motion for summary judgment may be made before, during, or after a trial.

At the commencement of a trial, only the plaintiff's attorney makes an opening statement.

A case is remanded when it is sent back for further proceedings to the court that originally heard the case.

A party who files an appeal is known as an appellant.

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, she is asserting that

A brief includes a statement of the applicable law in a case.

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. -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

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. -All-USA Imports, Inc., disputes the use of "all-usa.com" as a domain name by All-USA Overseas Exports, Ltd., and files a suit to resolve the dispute. Service of process must be by

A reviewing court reverses a trial court's judgment only in cases in which the plaintiffs lost.

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. -Dian is injured in an accident while driving an off-road vehicle made by Eagle Recreation, Inc., an out-of-state corporation. Dian files a suit against Eagle, 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 "Fred, President, Eagle Recreation, Inc." The receipt is returned with the signature of "Glenda" whom a U.S. Postal employee later testifies usually receives mail on the company's behalf. Eagle does not respond to the suit. In a default judgment, Dian is awarded damages of $500,000. Later, Fred 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?