Question 1

Fact Pattern 3-B2
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.
-A default judgment is entered against a party who fails to respond to the allegations in a complaint.

Accepted Answer

A default judgment is entered when a defendant fails to respond or appear in court for a lawsuit, resulting in the plaintiff being granted the relief they requested in their complaint.

Question 2

Fact Pattern 3-B2
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.
-Hearsay evidence is a statement made by someone who was not under oath at the time.

Accepted Answer

This fact pattern does not relate to the definition of hearsay evidence, but the statement provided about hearsay evidence (a statement made by someone who was not under oath at the time) is accurate.

Question 3

Fact Pattern 3-B2
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.
-Either party can appeal a judge's ruling on any pretrial motion.

Accepted Answer

Either party can appeal a judge's ruling on any pretrial motion.

Question 4

Fact Pattern 3-B2
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.
-Only a defendant may file a motion for summary judgment.

Accepted Answer

Both a plaintiff and a defendant may file a motion for summary judgment.

Question 5

Fact Pattern 3-B2
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.
-Voir dire is a process for presenting evidence in a case.

Accepted Answer

Voir dire is not a process for presenting evidence in a case, it is a process for selecting a jury.

Question 6

Fact Pattern 3-B2
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.
-A case is remanded when it is sent back for further proceedings to the court that originally heard the case.

Accepted Answer

Remanding a case means sending it back to the original court for further proceedings, so the statement is true.

Question 7

Fact Pattern 3-B2
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.
-Service of process is the process of obtaining information from an opposing party before trial.

Accepted Answer

Service of process is actually the legal procedure of delivering a summons, complaint or other legal documents to the defendant in a lawsuit, which informs them of the pending legal action against them and enables them to respond. It is not related to obtaining information before trial.

Question 8

Fact Pattern 3-B2
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.
-An answer can admit to the allegations made in a complaint.

Accepted Answer

An answer can admit to the allegations made in a complaint.

Question 9

Fact Pattern 3-B2
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.
-In most appealed cases,a trial court's decision is affirmed.

Accepted Answer

In most appealed cases, the decision of the trial court is affirmed by the appellate court.

Question 10

Fact Pattern 3-B2
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.
-An appellate court can reverse the decision of a trial court that erred.

Accepted Answer

Appellate courts have the power to reverse the decision of a trial court if it is found to be in error.

Question 11

Fact Pattern 3-B2
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.
-A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Accepted Answer

A motion for a directed verdict is indeed known as a motion for judgment as a matter of law.

Question 12

Fact Pattern 3-B2
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.
-A motion for summary judgment may be made before,during,or after a trial.

Accepted Answer

The answer of Fact Pattern 3-B2
Kelly files a suit against...

Question 13

Fact Pattern 3-B2
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.
-There is one set of procedural rules for federal courts and various sets for state courts.

Accepted Answer

This statement is true. The Federal Rules of Civil Procedure govern the procedures for civil cases in federal courts, while each state has its own set of rules for its courts.

Question 14

Fact Pattern 3-B2
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.
-At every stage of a trial,either party can file a motion to dismiss the case.

Accepted Answer

At every stage of a trial, either party can file a motion to dismiss the case.

Question 15

Fact Pattern 3-B2
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.
-After a defendant finishes introducing his or her evidence,the plaintiff can present a rebuttal.

Accepted Answer

This is true. After the defendant presents their evidence, the plaintiff has the opportunity to present a rebuttal to refute the defendant's evidence.

Question 16

Fact Pattern 3-B2
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.
-A trial commences with the plaintiff's attorney's direct examination of the first witness.

Accepted Answer

The answer of Fact Pattern 3-B2
Kelly files a suit against...

Question 17

Fact Pattern 3-B2
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.
-A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the other side.

Accepted Answer

A motion for a new trial can be granted if there were errors during the trial process that affected the verdict, but it is not necessary for the judge to feel that a judgment for the other side should be granted.

Question 18

Fact Pattern 3-B2
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.
-A summary judgment is granted only if there is no genuine question of law.

Accepted Answer

A summary judgment is granted only if there is no genuine question of material fact, not law.

Question 19

Fact Pattern 3-B2
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.
-If a discovery request involves confidential business information,the scope of the request can be limited.

Accepted Answer

The scope of a discovery request can be limited if it involves confidential business information in order to protect the trade secrets of a business. This can be done through a protective order issued by the court.

Question 20

Fact Pattern 3-B2
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.
-Every judgment is enforceable.

Accepted Answer

Some judgments may not be enforceable due to various reasons such as lack of jurisdiction, procedural errors or violation of fundamental rights.

Quiz 3: B: Court Procedures

Fact Pattern 3-B2 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. -A default judgment is entered against a party who fails to respond to the allegations in a complaint.

Fact Pattern 3-B2 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. -Hearsay evidence is a statement made by someone who was not under oath at the time.

Fact Pattern 3-B2 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. -Either party can appeal a judge's ruling on any pretrial motion.

Fact Pattern 3-B2 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. -Only a defendant may file a motion for summary judgment.

Fact Pattern 3-B2 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. -Voir dire is a process for presenting evidence in a case.

Fact Pattern 3-B2 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. -A case is remanded when it is sent back for further proceedings to the court that originally heard the case.

Fact Pattern 3-B2 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. -Service of process is the process of obtaining information from an opposing party before trial.

Fact Pattern 3-B2 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. -An answer can admit to the allegations made in a complaint.

Fact Pattern 3-B2 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. -In most appealed cases,a trial court's decision is affirmed.

Fact Pattern 3-B2 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. -An appellate court can reverse the decision of a trial court that erred.

Fact Pattern 3-B2 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. -A motion for a directed verdict is also known as a motion for judgment as a matter of law.

Fact Pattern 3-B2 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. -A motion for summary judgment may be made before,during,or after a trial.

Fact Pattern 3-B2 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. -There is one set of procedural rules for federal courts and various sets for state courts.

Fact Pattern 3-B2 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. -At every stage of a trial,either party can file a motion to dismiss the case.

Fact Pattern 3-B2 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. -After a defendant finishes introducing his or her evidence,the plaintiff can present a rebuttal.

Fact Pattern 3-B2 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. -A trial commences with the plaintiff's attorney's direct examination of the first witness.

Fact Pattern 3-B2 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. -A summary judgment is granted only if there is no genuine question of law.

Fact Pattern 3-B2 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. -If a discovery request involves confidential business information,the scope of the request can be limited.

Fact Pattern 3-B2 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. -Every judgment is enforceable.