Question 1

Torts
-Sara is suing Sally for a breach of contract. Each time Sara attempts to serve Sally the notice regarding the lawsuit, Sally finds a way to avoid service. What is the likely consequence of Sally's continued avoidance of service?

Accepted Answer

The likely consequence of Sally's continued avoidance of service is that the court will permit Sally to be served using an alternate service method. Alternative methods of service include service via mail, publication in a newspaper, or posting in the courthouse. Avoiding service will not stop the lawsuit from moving forward.

Question 2

Torts
-In a multi-claim or multi-party case, how can all of the claims or parties be brought together into a single lawsuit?

Accepted Answer

In a multi-claim or multi-party case, all claims or parties can be brought together into a single lawsuit by a joinder of claims, joinder of parties, counterclaim, or class action. The method used depends upon the specifics of the case involved. Bringing claims and parties together into one lawsuit is often optional and done for convenience. In certain cases, it is mandatory in order to arrive at a fair result.

Question 3

Torts
-During a manslaughter trial, Juror Jenny was very impressed with the defense attorney's case. She decided to call him and let him know that he did a great job. While she spoke to several employees of the defense attorney's law firm, she was never able to speak to the defense attorney. Juror Jenny then emailed him. The defendant was acquitted. The prosecutor later learned of Juror Jenny's contact with the defense attorney during the trial. What may be a consequence of Juror Jenny's actions?

Accepted Answer

A consequence of Juror Jenny's actions may be that the jury verdict may be set aside. A judge can make a "judgment notwithstanding the verdict" under limited circumstances, including in cases where there were irregularities during the trial. If a juror engages in misconduct, a judge may have the discretion to set aside the verdict or order a new trial.

Quiz 2: CLEP: Business Law

Torts -Sara is suing Sally for a breach of contract. Each time Sara attempts to serve Sally the notice regarding the lawsuit, Sally finds a way to avoid service. What is the likely consequence of Sally's continued avoidance of service?

Torts -In a multi-claim or multi-party case, how can all of the claims or parties be brought together into a single lawsuit?