Chapter 3
Court Procedures
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
B1. U.S. courts follow the adversarial system of justice.
B2. The three major stages of litigation are filing, answering, and appealing.
B3. Before a lawsuit begins, the court must have proof that the defendant was notified.
B4. A counterclaim is raised by a plaintiff against a defendant’s answer.
B5. Only a plaintiff may file a motion for summary judgment.
B6. A motion for summary judgment may be supported with materials outside the
pleadings.
B7. Discovery is the process of obtaining information from an apposing party before trial.
B8. A deposition is sworn testimony by a party to a lawsuit or any witness.
B9. Before a trial, one party can ask the other party in writing to admit the truth of
matters relating to the trial.
B10. In most states, if neither party requests a jury, the court will seat a jury on its own
motion.
B11. Information stored electronically cannot be the object of a discovery request.
B12. At the beginning of a trial, only the plaintiff’s attorney makes an opening statement.
B13. Hearsay evidence is what someone heard someone else say.
B14. A judge instructs a jury in the law that applies in a case.
B15. A closing argument is a statement by a party that results in a summary judgment in
that party’s favor.
B16. A petitioner is the party against whom an appeal is taken.
B17. The expenses associated with an appeal are minor.
B18. A court of appeals hears all of the same evidence that the trial court heard.
B19. A reviewing court reverses a trial court’s judgment only in a case in which the plaintiff
lost.
B20. A judgment may go unpaid.
MULTIPLE CHOICE QUESTIONS
B1. Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The
complaint should include
a. an explanation of the proof to be offered at trial.
b. a motion for judgment n.o.v.
c. a motion for judgment on the pleadings.
d. a statement alleging the facts showing the court has jurisdiction.
B2. Kyle files a suit against Lora. The document that informs Lora that she is required to
respond is
a. the answer.
b. the complaint.
c. the service of process.
d. the summons.
B3. Jason files a suit against Maybelline. If Maybelline fails to respond, Jason
a. must appeal the case to a different court.
b. must refile the suit in the same court.
c. will be awarded the remedy sought.
d. will have a default judgment entered against him.
B4. Ruth files a suit against Solid Products, Inc. Solid responds that even if Ruth’s
statement of the facts is true, according to the law Solid is not liable. This is
a. a counterclaim.
b. a motion for judgment on the pleadings.
c. a motion for summary judgment.
d. a motion to dismiss.
Fact Pattern 3-B1 (Questions B5–B7 apply)
Orin and Pia engage in a business transaction from which a dispute arises. Orin initiates a
lawsuit against Pia by filing a complaint.
B5. Refer to Fact Pattern 3-B1. If Pia files a motion to dismiss, she is asserting that
a. Orin did not state a claim for which relief can be granted.
b. Orin’s statement of the facts is not true.
c. Orin’s statement of the law is not true.
d. Pia suffered greater harm than Orin.
B6. Refer to Fact Pattern 3-B1. If Pia files a motion to dismiss, and the court denies it
a. Orin will be given more time to file an amended complaint.
b. Orin will have a judgment entered in his favor.
c. Pia will be given more time to file another response.
d. Pia will have a judgment entered in her favor.
B7. Refer to Fact Pattern 3-B1. If Pia files a motion to dismiss, and the court grants it
a. Orin will be given more time to file an amended complaint.
b. Orin will have a judgment entered in his favor.
c. Pia will be given more time to file another response.
d. Pia will have a judgment entered in her favor.
B8. Solar Power, Inc., files a suit against Thunder Bay Utility Company and seeks to
examine certain documents in Thunder’s possession. A legitimate reason for this
examination is that the documents contain
a. evidence about the case.
b. private information about Thunder’s operations.
c. public information about energy generation.
d. irrelevant data that can be eliminated from consideration.
B9. To prepare for a trial between Large Lots Development Corporation (LLDC) and
MiniMansion Construction Company (MMCC), MMCC’s attorney places LLDC’s
president under oath. A court reporter makes a record of the attorney’s questions
and the officer’s answers. This is
a. a cross-examination.
b. a deposition.
c. an imposition.
d. an interrogatory.
B10. During the trial phase of Fuel Corporation’s suit against Gas Stations, Inc., their
attorneys engage in voir dire. This is
a. the assessment of the arguments on the issues.
b. the determination of the issues to be argued.
c. the litigation of the issues and arguments.
d. the selection of jurors.
B11. In Market Company’s suit against National Credit Corporation, Market wants to
introduce evidence that it claims is relevant. Relevant evidence is evidence that
a. establishes the degree of probability of a fact or action.
b. tends to disprove a fact in question.
c. tends to prove a fact in question.
d. all of the choices.
B12. During a trial between Laramie and Mikayla over a sale of allegedly diseased
livestock, Mikayla’s attorney asks questions of the plaintiff’s witness Nilson. This is
a. a cross-examination.
b. a deposition.
c. a direct examination.
d. an interrogatory.
B13. Irma files a civil suit against Jim. To succeed, Irma must prove her case
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by indisputable proof.
d. within an iota of the truth.
B14. In Call-Me Cell Company’s suit against Rude Ringtones, Inc., the jury returns a verdict
in Call-Me’s favor. Call-Me will 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 on the pleadings.
d. order a new trial.
B15. In Brick ‘n Mortar Corporation’s suit against Online Mall, Inc. (OMI), the jury returns a
verdict in Brick ‘n Mortar’s favor. OMI files a motion asking the judge to set aside the
verdict and begin new proceedings. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
c. a new trial.
d. judgment n.o.v.
B16. In Troll Line Fishing Company’s suit against UniHarvest, Inc., the jury returns a verdict
in Troll Line’s favor. UniHarvest files a motion stating that even if the evidence is
viewed in the light most favorable to Troll Line, a reasonable jury should not have
found in its favor. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
c. a new trial.
d. judgment n.o.v.
B17. In Phil’s suit against Riley, the court issues a judgment in Riley’s favor. If the case is
appealed to an appropriate court of appeals, the appellate court will hear
a. all of the evidence.
b. most of the evidence.
c. none of the evidence.
d. select pieces of evidence.
Fact Pattern 3-B2 (Questions B18–B20 apply)
Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court
renders a verdict. The case is appealed to an appellate court.
B18. Refer to Fact Pattern 3-B2. After its review of Kelly v. Lewis, the appellate court can
a. affirm, reverse, or remand all or part of the lower court’s decision.
b. only affirm or reverse all or part of the lower court’s decision.
c. only remand all or part of the lower court’s decision.
d. only reverse or remand all or part of the lower court’s decision.
B19. Refer to Fact Pattern 3-B2. After a final determination in the case of Kelly v. Lewis, any
judgment will be satisfied
a. if the losing party pays the judgment, or his or her property is sold and the pro–
ceeds paid to the winner.
b. only if the court orders the sheriff to pay the winner.
c. only if the losing party pays the judgment in cash.
d. only if the losing party’s property is sold and the proceeds paid to the winner.
B20. Refer to Fact Pattern 3-B2. After the state’s highest court’s review of Kelly v. Lewis, a
party can appeal the decision to the United States Supreme Court if
a. a federal question is involved.
b. a question of state law remains unresolved.
c. the party is unsatisfied with the result.
d. the state trial and appellate court rulings are different.
ESSAY QUESTIONS
B1. Dian is injured in an accident while driving an off-road vehicle made by Eagle
Recreation, Inc., an out-of-state corporation. Dian files a suit against Eagle, 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 “Fred, President,
Eagle Recreation, Inc.” The receipt is returned with the signature of “Glenda” whom a
U.S. Postal employee later testifies usually receives mail on the company’s behalf.
Eagle does not respond to the suit. In a default judgment, Dian is awarded damages of
$500,000. Later, Fred 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?
B2. Best Engineering, Inc., performs computer programming services for Complex
Products Corporation (CPC). When CPC’s computer system crashes, it loses $250,000
worth of business and pays $50,000 to have the system reprogrammed. CPC
announces to the media that the crash was due to Best’s incompetence and files a
complaint in a federal court against the firm. In response, what are Best’s options?