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Exam 5: Court Procedures

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Question 21

Multiple Choice

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In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet's response, the defendant in good faith can

A) attempt to refute any asserted claim.
B) deluge the plaintiff with data.
C) ask the court to impose sanctions.
D) give away as little information as possible.

E) C) and D)
F) B) and D)

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Question 22

Multiple Choice

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Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

A) the defendant does not have a valid defense.
B) the case can be disposed of without a trial.
C) the solvency of the defendant is in question.
D) the plaintiff is legally entitled to a remedy.

E) B) and D)
F) None of the above

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Question 23

Multiple Choice

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Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

If an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue.

A motion to dismiss asserts that a claim has no basis in law.

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

Petro Ltd. files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

Because expert testimony is effective with juries, there is no potential for the abuse in its use at trial.

Tech Inc. completes programming and other services for Uno IT Products Corporation. When Uno IT's computer system crashes, the firm 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's incompetence and files a complaint in a federal court against the firm. What are Tech's options in response?

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

Barge Company and Cove Harbor dispute the meaning of their contract. Unable to agree on settlement, the parties prepare for trial. To obtain information, they engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by

Suite Properties files a suit in a state court against Tower Offices. At the conclusion of the plaintiff's case, the defendant files a motion asking the judge to direct a verdict in its favor on the ground that the plaintiff presented no evidence to support its claim. This is a motion for

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

A deposition can be used to impeach a party or witness who changes his or her testimony at trial.

Pro se representation refers to the attorneys that parties hire to represent them in court.

Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

In a suit by Climate Action Now (CAN) against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest's admission in response

Picking a jury is an important aspect of litigation strategy.