Question 1

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

Accepted Answer

A)  testify about any of the facts in the case.
B)  testify only about what he personally observed.
C)  offer his opinion about any of the evidence.
D)  offer his conclusion with regard to the case.E) C) and D)
F) None of the above

Question 2

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

Accepted Answer

A)  subterfuge and similar methods.
B)  improper requests and related tactics.
C)  voir dire and a writ of certiorari .
D)  depositions and other devices.E) A) and B)
F) None of the above

Question 3

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

Accepted Answer

A)  hearsay.
B)  spoliation.
C)  a brief.
D)  voir dire .E) None of the above
F) B) and D)

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A)  will have a second opportunity to respond at a pretrial conference.
B)  is considered to have denied the plaintiff's claim.
C)  in effect refuted the suit, which will be dismissed.
D)  is subject to a judgment of default.E) A) and B)
F) All of the above

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

Accepted Answer

A)  cross-examination.
B)  direct examination.
C)  a closing statement.
D)  a preponderance of the evidence.E) A) and B)
F) C) and D)

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Exam 5: Court Procedures

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

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

Correct Answer
verified

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

Correct Answer
verified

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.

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Exam 5: Court Procedures

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

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff's attorney is finished questioning the first witness, the witness is subject to

Correct AnswerverifiedShow Answer

In response to a discovery request by Bakery LLC, the plaintiff in a pending suit against Cinnamon Rolls Inc., the defendant delays a response to gain time to alter some of the data. Subject to possible sanctions, this is

Correct AnswerverifiedShow Answer

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.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified