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Exam 5: Court Procedures

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Question 41

Multiple Choice

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Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

A) evidence.
B) a deposition.
C) an interrogatory.
D) discovery.

E) None of the above
F) All of the above

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Question 42

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Without a jury, there is no one to determine the truth of the facts alleged in a case.

A) True
B) False

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Question 43

Multiple Choice

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Hospital Inc. files a complaint in a federal district court against Inventory Management Company, asserting breach of contract. Under the Federal Rules of Civil Procedure, any allegations in the complaint that are not expressly denied by the defendant will be deemed by the court to be

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, a reasonable jury should not have found in its favor. This is a motion for

Nayda retains Olin, an attorney, on a contingency-fee basis to seek damages in a personal-injury suit against Price-Mor Stores Inc. Nayda does not win her case. She must pay

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.

On appeal of a court's grant or denial of a motion for summary judgment, the appellate court must defer to the trial court's ruling on the issue.

In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. The appellate court will hear

A party does not need to have legitimate grounds to appeal a trial court's decision.

During the trial of a suit concerning the terms of a contract between Marvel and Nina, the plaintiff's attorney presents evidence from Ochre, who is not an expert in the field about which he is being questioned. Ochre can