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Exam 5: Court Procedures

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Question 1

True/False

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The uncertainties of the litigation process are lessened by the fact that any judgment will be enforceable.

A) True
B) False

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Question 2

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Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop, either party can appeal the decision to the United States Supreme Court if

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.

E) B) and D)
F) A) and B)

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Question 3

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An appellate court can modify a trial court's decision, in whole or in part.

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle, the appellate court upholds the lower court's verdict. The appellate court has

With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation.

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm's best interest.

Barney files a suit against Courtney, who fails to respond. Consequently, Courtney

Electronic discovery can reveal significant facts that are not discoverable by other means.

In Rebuild Company's suit against Structural Engineers Inc., the plaintiff wants to introduce evidence that it claims is relevant. This is evidence that

Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

Levon files a suit against Manufacturing Corporation. The defendant believes that even if the plaintiff's statement of the facts is true, according to the law the defendant is not liable. Manufacturing Corporation should

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses' sworn statements. Cruises should file

Jurors must decide a case based only on the information that they learn during the trial.

A prevailing party has no right to appeal a trial court's decision, even if, for example, the party receives a smaller monetary award than sought.

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief.

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now most likely ask the court to