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Exam 3: Court Procedures

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Question 21

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In most states, if neither party requests a jury, the court presumes the parties waive this right.

A) True
B) False

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Question 22

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Any written material, including information stored electronically, can be the object of a discovery request.

A) True
B) False

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Question 23

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Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

A judge instructs a jury in the law that applies in a case.

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 noti?fied 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 expert witness is a person who is directly involved in the events concerning a lawsuit.

Fact Pattern 3-B1 (Questions B5-B7 apply) Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. -Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, and the court grants it,

Neville files a suit against Olina. If Olina fails to respond,

Fact Pattern 3-B1 (Questions B5-B7 apply) Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. -Refer to Fact Pattern 3-B1. If Enzo files a motion to dismiss, he is asserting that

Interrogatories are written questions for which written answers are prepared by a judge.

A counterclaim is raised by a plaintiff against a defendant's answer.

Discovery is the process of obtaining information from an opposing party before trial.

In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury re?turns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo?tion for

In Research & Development Company's suit against Structural Engineers, Inc., Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that

Fact Pattern 3-B2 (Questions B18-B20 apply) Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. -Refer to Fact Pattern 3-B2. After the state's highest court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if

During the trial phase of Sof' Drink Soda Corporation's suit against TimeOut Convenience Stores, Inc., their attorneys engage in voir dire. This is

Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain

Only a defendant can file a motion to dismiss.

Tech Performance, Inc., completes programming and other tech services for Uno IT Products Corporation. When Uno's computer system crashes, it loses $500,000 worth of business and pays $100,000 to have the system reprogrammed. Uno IT announces to the media that the crash was due to Tech Performance's incompetence and files a complaint in a federal court against the firm. What are Tech Performance's options in response?