Question 1

A default judgment is entered against a party who fails to respond to the allegations in a complaint.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. 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 4

Every judgment is enforceable.

Accepted Answer

A) True 
 B)False

Question 5

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

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 6

Fact Pattern 3-A2
Fine Dining Corporation files a suit against Eat-at-Joe’s, Inc.
-Refer to Fact Pattern 3-A2. The attorney for Eat-at-Joe's 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 7

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying

Accepted Answer

A)  all documents in Flying's possession relating to the contract. 
B)  any documents in Flying's possession. 
C)  no documents in Flying's possession. 
D)  only those documents that Flying agrees to release. 
A)  all documents in Flying's possession relating to the contract. 
B)  any documents in Flying's possession. 
C)  no documents in Flying's possession. 
D)  only those documents that Flying agrees to release.

Question 8

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 9

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

Accepted Answer

A) True 
 B)False

Question 10

In Restful Motel's suit against Sleepy Hotels, Inc., Restful serves a written request for Sleepy to admit the truth of matters relating to the trial. Sleepy'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 Sleepy has a right of privacy. 
D)  irrelevant evidence. 
A)  an admission in court. 
B)  a statement to the media. 
C)  information to which Sleepy has a right of privacy. 
D)  irrelevant evidence.

Question 11

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 12

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

Accepted Answer

A) True 
 B)False

Question 13

If a discovery request involves confidential business information, the scope of the request can be limited.

Accepted Answer

A) True 
 B)False

Question 14

Hearsay evidence is a statement made by someone who was not under oath at the time.

Accepted Answer

A) True 
 B)False

Question 15

Only a defendant may file a motion for summary judgment.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

A summary judgment is granted only if there is no genuine question of law.

Accepted Answer

A) True 
 B)False

Question 18

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 19

Glen retains 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 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.
-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

Accepted Answer

A)  a formal refusal to abide by the verdict. 
B)  a notice of appeal. 
C)  a transcript of the trial and copies of the exhibits. 
D)  the judgment order from which the appeal is taken. 
A)  a formal refusal to abide by the verdict. 
B)  a notice of appeal. 
C)  a transcript of the trial and copies of the exhibits. 
D)  the judgment order from which the appeal is taken.

Exam 3: Court Procedures

A default judgment is entered against a party who fails to respond to the allegations in a complaint.

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

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

Every judgment is enforceable.

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

Fact Pattern 3-A2 Fine Dining Corporation files a suit against Eat-at-Joe’s, Inc. -Refer to Fact Pattern 3-A2. The attorney for Eat-at-Joe's also questions Floyd. This is

Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying

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

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

In Restful Motel's suit against Sleepy Hotels, Inc., Restful serves a written request for Sleepy to admit the truth of matters relating to the trial. Sleepy's admission in response is the equivalent of

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.

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

If a discovery request involves confidential business information, the scope of the request can be limited.

Hearsay evidence is a statement made by someone who was not under oath at the time.

Only a defendant may file a motion for summary judgment.

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

A summary judgment is granted only if there is no genuine question of law.

Glen retains 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

Introduction to Law and Legal Reasoning

Courts and Alternative Dispute Resolution

Constitutional Authority to Regulate Business

Ethics and Business Decision Making

Intentional Torts and Privacy

Negligence and Strict Liability

Intellectual Property and Internet Law

Criminal Law and Cyber Crime

Nature and Terminology

Agreement in Traditional and E-Contracts

Consideration

Capacity and Legality

Mistakes, Fraud, and Voluntary Consent

The Statute of Frauds

Third Party Rights

Performance and Discharge

Breach of Contract and Remedies

The Formation of Sales and Lease Contracts

Title, Risk, and Insurable Interest

Performance Breach of Sales Lease Contracts

Warranties and Product Liability

International Law in a Global Economy

The Function Creation of Negotiable Instruments

Transferability and Holder in Due Course

Liability, Defenses, and Discharge

Checks and Banking in the Digital Age

Creditors Rights and Remedies

Secured Transactions

Bankruptcy Law

Mortgages Foreclosures After the Recession

Agency Formation and Duties

Agency Liability and Termination

Employment, Immigration, and Labor Law

Employment Discrimination

Sole Proprietorships and Franchises

Partnerships and Limited Liability Partnerships

Limited Liability Companies Special Business Forms

Corporate Formation and Financing

Corporate Directors, Officers, Shareholders

Corporate Merger, Consolidation, Termination

Securities Law Corporate Governance

Law for Small Business

Administrative Law

Consumer Law

Environmental Law

Antitrust Law

Professional Liaility and Accountability

Personal Property and Bailments

Real Property Landlord-Tenant Relationships

Insurance

Wills and Trusts

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