978-1418051914 Chapter 2 Solution Manual

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Legal Procedures: Journey of a Case through the Courts ■13

I. Answers to End-of-Chapter Questions

❊Review Questions

1. How is a lawsuit begun?

Depending on the law of the state where the case is pursued, a lawsuit is commenced either

2. What is jurisdiction?

3. What is contained in a complaint?

A complaint consists of three parts:

•A statement showing the jurisdiction of the court.

4. What is a counterclaim?

5. What happens if the defendant does not respond to the complaint?

Failure to respond to a complaint or file an answer in a timely manner will result in a default

6. What is the name given to the procedure for examination of prospective jurors?

7. What does the judge do when charging a jury?

8. What is a motion? Name two types of motions that might be made during a trial.

A motion is a request to a judge for relief that is made while a lawsuit is ongoing. For example,

motions may consist of a request for an extension of time, a request to clarify the allegations in

9. What is an appellate court?

10. Name two differences between a trial and an appellate court hearing.

❊Discussion Questions

1. What role do the pleadings play in a lawsuit?

The complaint, the answer, and the reply are known as pleadings. The pleadings help to frame

2. What role does discovery play in a lawsuit?

The law facilitates each side’s ability to obtain evidence and information available to the other. This

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Discovery may take one or more of several forms, such as (1) written or oral questions (in-

terrogatories and depositions, respectively) posed by one party to the other party or to a wit-

A plaintiff or defendant who proceeds to trial without undertaking discovery forfeits a

3. Why, in the case of a hung jury, can the case be retried?

A hung jury occurs when the jury cannot reach a unanimous decision or if fewer than the nec-

In the absence of a unanimous or majority decision, no final determination as to the de-

4. Why do most states require that the jury be unanimous for a verdict?

Concerning criminal cases, the U.S. Constitution states that a defendant is innocent until

proven guilty. The legal system in our country is concerned, among other things, with pro-

5. Why do different courts have different types of jurisdiction?

Allocating jurisdiction among a variety of courts fulfills two objectives. It is a means to ensure

cases will be apportioned among the various courts in some reasonably efficient way. It also

❊Application Questions

1. Assume that you live in California and are on vacation, traveling by car from California

to Texas. You are injured in a motel room when the bed on which you are sleeping

collapses, causing you to fall to the floor. You suffer substantial back and leg injuries,

requiring many medical treatments and causing you to miss work for 15 weeks. Your

medical bills total $16,000 and your lost wages total $9,000. You intend to sue the

owner of the Texas motel.

A. Can you bring your case in federal court? Why or why not?

To sue in a federal court, one of two bases for federal jurisdiction must be present: The

In this case no federal statute is involved. The parties have diversity of citizenship

(plaintiff and defendant are from different states). The total amount of the loss identified

B. Can you commence the case in California? What additional information might you need to

answer this question?

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2. If you were the defendant in the following cases, would you opt for a jury trial or a

bench trial? Why?

A. A 12-year-old guest at a hotel broke her spine and became a quadriplegic as a result of a dive

she took into a hotel pool. The plaintiff claims the hotel was at fault for not maintaining the

water in the pool at required levels.

B. A guest at a hotel was injured when an in-room heater exploded. To prove that the hotel was

negligent in its maintenance of the device, the plaintiff will present as expert witnesses an en-

gineer and a mechanic who specialize in heating systems. Both will testify concerning the mech-

anisms that operate the heater and the circumstances surrounding the malfunction at the time

plaintiff was injured.

You would elect a nonjury trial because the jury is likely to be sympathetic to the injuries

suffered by the plaintiff in this example. The expert witnesses might also add to the cred-

C. Matt, a state senator, is charged with bribery. He is accused of accepting money from several

bars and restaurants in exchange for his promise to vote for a bill that would reduce the drink-

ing age from 21 to 18.

State senators are elected officials who serve the public. A jury, whose tax money con-

3. What information would you try to obtain through discovery in the following cases?

What methods of discovery would you use to obtain that information?

A. A child was riding on the Ferris wheel at an amusement park. Something malfunctioned and

the seat in which the child was riding dropped 60 feet to the ground with the child in it. The

fall seriously injured the child. Assume you are the child’s parent.

Through discovery the parents should seek the following: inspection of the Ferris wheel

B. Inez is a guest at a hotel. She returns to the hotel after an evening out. While she is walking

to her hotel room she trips in the lobby. She claims to have suffered two broken ribs, a painful

injury to her back, and a broken ankle. She further claims the hotel is at fault and sues for

$1,000,000. Assume you are the vice president of the hotel and are responsible for overseeing

legal cases.

The following discovery should be sought: a deposition of Inez to determine where she

was before the accident, whether she had been drinking alcoholic beverages, who else

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