Question 1

Fact Pattern 3-B2 (Questions B18-B20 apply)
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.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 its review of Martin v.Nichelle,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.

Question 2

Fact Pattern 3-B2 (Questions B18-B20 apply)
Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.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 Martin v.Nichelle,a party can appeal the decision to the United States Supreme Court if

Accepted Answer

A) a federal question is involved. 
B) a question of state law remains unresolved. 
C) the party is unsatisfied with the result. 
D) the state trial and appellate court rulings are different.

Question 3

Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

Accepted Answer

A) True 
 B)False

Question 4

The expenses associated with an appeal can be considerable.

Accepted Answer

A) True 
 B)False

Question 5

Fact Pattern 3-B1 (Questions B5-B7 apply)
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.
-Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,he is asserting that

Accepted Answer

A) Destiny did not state a claim for which relief can be granted. 
B) Destiny's statement of the facts is not true. 
C) Destiny's statement of the law is not true. 
D) Enzo suffered greater harm than Destiny.

Question 6

After both sides have rested their cases,only the plaintiff's attorney makes a closing argument.

Accepted Answer

A) True 
 B)False

Question 7

A reviewing court may reverse a trial court's judgment only in a case in which the plaintiff lost.

Accepted Answer

A) True 
 B)False

Question 8

Renewable Resources,Inc.,files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession.A legitimate reason for this examination is that the documents contain

Accepted Answer

A) information that is relevant to the case. 
B) private information about Sunrich's operations. 
C) public information about energy generation. 
D) irrelevant data that can be eliminated from consideration.

Question 9

It is guaranteed that any judgment will be enforceable.

Accepted Answer

A) True 
 B)False

Question 10

In Precise Paving Company's suit against Ride,Park n' Go,Inc.,the jury returns a verdict in Precise Paving's favor.The plaintiff (Precise)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.

Question 11

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.

Question 12

Before the trial of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores,Inc.,their attorneys engage in voir dire.This is

Accepted Answer

A) an assessment of the arguments on the issues. 
B) the determination of the issues to be argued. 
C) the testimony by a party to the lawsuit or by any witness,recorded by an authorized court official. 
D) the selection of jurors.

Question 13

To prepare for a trial between SmartPhones,Inc.,and TechApps Company,TechApps' attorney places SmartPhones' chief executive officer (CEO)under oath.A court official makes a record of the attorney's questions and the CEO's answers.This is

Accepted Answer

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

Question 14

The litigation process has three phases: filing,answering,and appealing.

Accepted Answer

A) True 
 B)False

Question 15

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland.During the trial,Quisa's attorney asks questions of the plaintiff's witness Raina.This is

Accepted Answer

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

Question 16

Before a lawsuit begins,the court must have proof that the defendant was notified of the lawsuit.

Accepted Answer

A) True 
 B)False

Question 17

Fact Pattern 3-B1 (Questions B5-B7 apply)
Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint.
-Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,and the court denies it,

Accepted Answer

A) Destiny will be given time to file an amended complaint. 
B) Destiny will have a judgment entered in her favor. 
C) Enzo will be given time to file another response. 
D) Enzo will have a judgment entered in his favor.

Question 18

Neville files a suit against Olina.If Olina fails to respond,

Accepted Answer

A) Neville must appeal the case to a different court. 
B) Olina's failure to respond will be considered to be a denial. 
C) Neville will not be awarded the remedy sought. 
D) Olina will have a default judgment entered against her.

Question 19

Any written material,including information stored electronically,can be the object of a discovery request.

Accepted Answer

A) True 
 B)False

Question 20

Tech Performance,Inc.,completes programming and other tech services for Uno IT Products Corporation.When Uno's computer system crashes,it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed.Uno IT announces to the media that the crash was due to Tech Performance's incompetence and files a complaint in a federal court against the firm.What are Tech Performance's options in response

Accepted Answer

The answer of Tech Performance,Inc.,completes programming and other tech services...

Exam 3: Court Procedures

Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

The expenses associated with an appeal can be considerable.

After both sides have rested their cases,only the plaintiff's attorney makes a closing argument.

A reviewing court may reverse a trial court's judgment only in a case in which the plaintiff lost.

Renewable Resources,Inc.,files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession.A legitimate reason for this examination is that the documents contain

It is guaranteed that any judgment will be enforceable.

In Precise Paving Company's suit against Ride,Park n' Go,Inc.,the jury returns a verdict in Precise Paving's favor.The plaintiff (Precise) will most likely ask the court to

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

Before the trial of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores,Inc.,their attorneys engage in voir dire.This is

To prepare for a trial between SmartPhones,Inc.,and TechApps Company,TechApps' attorney places SmartPhones' chief executive officer (CEO) under oath.A court official makes a record of the attorney's questions and the CEO's answers.This is

The litigation process has three phases: filing,answering,and appealing.

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland.During the trial,Quisa's attorney asks questions of the plaintiff's witness Raina.This is

Before a lawsuit begins,the court must have proof that the defendant was notified of the lawsuit.

Neville files a suit against Olina.If Olina fails to respond,

Any written material,including information stored electronically,can be the object of a discovery request.