Chapter 5 Quiz

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Question #1

The use of additional evidence distinguishes the motion for summary judgment from the motion for judgment on the pleadings.

A TRUE

B FALSE

Question #2

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

A FALSE

B TRUE

Question #3

It is guaranteed that any judgment will be enforceable.

A FALSE

B TRUE

Question #4

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

A TRUE

B FALSE

Question #5

Hearsay evidence is what someone heard someone else say.

A TRUE

B FALSE

Question #6

Either party may appeal a jury’s verdict but only the defendant may appeal a judge’s ruling.

A FALSE

B TRUE

Question #7

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit.

A FALSE

B TRUE

Question #8

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

A TRUE

B FALSE

Question #9

A reviewing court may reverse a trial court’s judgment only in a case in which the plaintiff lost.

A FALSE

B TRUE

Question #10

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

A FALSE

B TRUE

Question #11

A court of appeals does not hear any evidence.

A TRUE

B FALSE

Question #12

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

A TRUE

B FALSE

Question #13

To prepare for a trial between SmartPhones, Inc., and TechApps Company, TechApps’ attorney places SmartPhones’ chief executive officer (CEO) under oath. A court official makes a record of the attorney’s questions and the CEO’s answers. This is

A voir dire.

B a cross-examination.

C an interrogatory.

D a deposition.

Question #14

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

A information that is relevant to the case.

B private information about Sunrich’s operations.

C public information about energy generation.

D irrelevant data that can be eliminated from consideration.

Question #15

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

A Olina’s failure to respond will be considered to be a denial.

B Olina will have a default judgment entered against her.

C Neville will not be awarded the remedy sought.

D Neville must appeal the case to a different court.

Question #16

Lyn files a suit against Karl. Karl denies Lyn’s charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl’s claim is

A motion to dismiss.

B motion for judgment on the pleadings.

C counterclaim.

D motion for summary judgment.

Question #17

Jenna files a civil suit against Keshia. To succeed, Jenna must prove her case

A beyond a reasonable doubt.

B to the extent promised in her attorney’s opening statement.

C by indisputable proof.

D by a preponderance of the evidence.

Question #18

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

A all of the choices.

B tends to disprove a fact in question.

C tends to prove a fact in question.

D establishes the degree of probability of a fact or action.

Question #19

In Precise Paving Company’s suit against Ride, Park n’ Go, Inc., the jury returns a verdict in Precise Paving’s favor. The company will most likely ask the court to

A enter a judgment n.o.v.

B enter a judgment on the pleadings.

C order a new trial.

D enter a judgment in accordance with the verdict.

Question #20

In Hazel’s suit against Ingrid, the court issues a judgment in Ingrid’s favor. If the case is appealed to an appropriate court of appeals, 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.

Question #21

In Fuel Injection Products & Service Corporation’s suit against Gears & Cylinders, Inc., the jury returns 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 motion for

A judgment n.o.v.

B a judgment on the pleadings.

C a judgment in accordance with the verdict.

D a new trial.

Question #22

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

A judgment n.o.v.

B a new trial.

C a judgment in accordance with the verdict.

D a judgment on the pleadings.

Question #23

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

A a motion for judgment on the pleadings.

B a statement refuting any defense that the defendant might assert.

C an explanation of the proof to be offered at trial.

D a statement alleging the facts showing the court has jurisdiction.

Question #24

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

A the writ of certiorari.

B the answer.

C the summons.

D the complaint.

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