Question 1

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?

Accepted Answer

The answer of Chase is injured in an accident while...

Question 2

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.

Accepted Answer

An answering brief is the correct response in appellate court proceedings. After one party files an appeal and submits their brief outlining their arguments, the opposing party is entitled to file an answering brief to respond to those arguments.

Question 3

In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. 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.

Accepted Answer

Appellate courts do not hear new evidence. They review the trial court's application of law to the facts already on record to determine if there were any legal errors that could have affected the outcome.

Question 4

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now 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 as a matter of law.
D)order a new trial.

Accepted Answer

After a jury returns a verdict in favor of the plaintiff, the typical next step is for the plaintiff to request the court to enter a judgment in accordance with the verdict. This formalizes the jury's decision into a court order.

Question 5

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle , the appellate court upholds the lower court's verdict. The appellate court has
A)affirmed the case.
B)reversed the case.
C)remanded the case.
D)reversed and remanded the case.

Accepted Answer

The appellate court upholding the lower court's verdict means it agrees with the decision of the lower court, which is referred to as affirming the case.

Question 6

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
A)a judgment in accordance with the verdict.
B)a judgment on the pleadings.
C)a new trial.
D)judgment n.o.v.

Accepted Answer

A motion for a new trial is filed by a party (in this case, the defendant) asking the judge to set aside the jury's verdict and start the trial anew, often due to issues like errors during the trial that could have affected the outcome.

Question 7

Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop , either 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.

Accepted Answer

The United States Supreme Court can review decisions from state courts if a federal question is involved, meaning the case must involve a matter of federal law or the U.S. Constitution.

Question 8

Tech Inc. completes programming and other services for Uno IT Products Corporation. When Uno IT's computer system crashes, the firm 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's incompetence and files a complaint in a federal court against the firm. What are Tech's options in response?

Accepted Answer

The answer of Tech Inc. completes programming and other services...

Question 9

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
A)a brief including the arguments of both parties.
B)a copy of the record on appeal.
C)an explanation for the verdict.
D)a statement of the grounds for reversal.

Accepted Answer

A copy of the record on appeal is necessary for the appellate court to review the proceedings of the trial court. This record includes all documents, evidence, and transcripts relevant to the case.

Question 10

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
A)beyond a reasonable doubt.
B)by a preponderance of the evidence.
C)through a scintilla of evidence.
D)to the extent promised in his attorney's opening statement.

Accepted Answer

In civil cases, the standard of proof is typically "by a preponderance of the evidence," meaning that it is more likely than not that the facts are as the plaintiff claims. This is a lower standard of proof than "beyond a reasonable doubt," which is used in criminal cases.

Question 11

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, 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 as a matter of law.
C)a new trial.
D)judgment n.o.v.

Accepted Answer

A motion for judgment n.o.v. (non obstante veredicto) is filed when the defendant believes that no reasonable jury could have reached the verdict based on the evidence presented.

Question 12

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
A)a formal refusal to abide by the verdict.
B)a notice of appeal.
C)a transcript of the trial and copies of the exhibits.
D)the judgment order from which the appeal is taken.

Accepted Answer

A notice of appeal is the document filed with the clerk of the trial court to initiate the appeal process. This notice informs the court and the opposing party that the decision of the trial court will be challenged in a higher court.

Quiz 5: Court Procedures

In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. The appellate court will hear

In Roadwork Company's suit against Street Fronts Inc., the jury returns a verdict in the plaintiff's favor. Roadwork will now most likely ask the court to

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

Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas Stop , either party can appeal the decision to the United States Supreme Court if

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

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, a reasonable jury should not have found in its favor. This is a motion for

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