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Exam 5: Court Procedures

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Question 21

True/False

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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.

A) True
B) False

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Question 22

Multiple Choice

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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

A) enter a judgment in accordance with the verdict.
B) enter a judgment n.o.v.
C) enter a judgment as a matter of law.
D) order a new trial.

E) B) and C)
F) All of the above

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Question 23

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Shippers Warehouse initiates a suit against Trucking Company by filing a complaint. Trucking Company files a motion to dismiss, which asserts that

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

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 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

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

Sportsfield Inc. files a suit against Tailgate Services. Before the trial, during the jury selection process, Sportsfield's attorney asks, without providing any reason, that one of the potential jurors not be sworn in. This is

Storage Facilities Inc. files a suit in a state court against TransShip LLC, seeking allegedly unpaid rent for a warehouse. TransShip losses the suit and decides to appeal. TransShip's attorney must file, with the clerk of the trial court, within a prescribed period of time

Loni files a civil suit against Meme's Bridal Shop, seeking to recover the amount of a refund for an undelivered wedding dress. To succeed, the plaintiff must prove her case

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.

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.

A default judgment is a judgment entered by a court in a case in which neither party prevails.

In some jurisdictions, defendants who agree to waive formal service of process receive a reduction in the amount of an ultimate finding of liability.

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

In a suit by Fuel Products Corporation against Gears Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

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

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

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

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