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Exam 5: Court Procedures

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Question 31

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Dig LLC files a suit in a state court against Excavate Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. Excavate appeals to, and files a brief with, a state appellate court. Dig's attorney may file within a prescribed period of time

A) an advisory interrogatory.
B) an answering brief.
C) a request for a deposition.
D) a responding motion for judgment on the brief.

E) None of the above
F) A) and C)

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Question 32

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

A) True
B) False

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Question 33

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Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

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

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?

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

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

Voir dire refers to the jury selection process.

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

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

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

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

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

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

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

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

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

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

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