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Exam 5: Court Procedures

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Question 31

True/False

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Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

A) True
B) False

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verified

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Question 32

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Voir dire refers to the jury selection process.

A) True
B) False

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Question 33

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In considering a trial court's judgment, an appellate court bases its opinion on its de novo review of the evidence.

Chase is injured in an accident while driving an off-road vehicle made by Drivers Edge Inc., an out-of-state corporation. Chase files a suit against Drivers Edge, alleging negligence, and mails a summons and a copy of the complaint to the firm by certified mail, return receipt requested. The envelope is addressed in part to "Elvin, President, Drivers Edge, Inc." The receipt is returned with the signature of "Francine," a Drivers Edge employee. A U.S. Postal employee later testifies that Francine usually receives mail on Drivers Edge's behalf. Drivers Edge does not respond to the suit. In a default judgment, Chase is awarded damages of $500,000. Later, Elvin claims that he was not notified of the suit and asks the court to set aside the judgment. What is the issue in this set of facts? What rule applies? What should be the result on the application of the rule? Why?

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

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

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

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

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

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

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

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.

To meet the standard of proof of preponderance of the evidence , a party must prove its case beyond a reasonable doubt .

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

Cuisine Café files a suit in a state court against Dining Tables Inc., alleging a breach of contract. The case proceeds to trial, after which the court renders a verdict. Cuisine decides to appeal to a state appellate court. Its attorney must make sure that the clerk of the trial court sends to the clerk of the appellate court, within a prescribed period of time

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

Sanctions for spoliation of e-evidence can include the entire cost for restorative recovery efforts.

Attempts to settle a case must be concluded before the litigation process begins.

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