Chapter 5 Quiz

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Question #1

In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet’s response, the defendant in good faith can

A attempt to refute any asserted claim.

B give away as little information as possible.

C deluge the plaintiff with data.

D ask the court to impose sanctions.

Question #2

Barney files a suit against Courtney, who fails to respond. Consequently, Courtney

A will have a second opportunity to respond at a pretrial conference.

B is considered to have denied the plaintiff’s claim.

C is subject to a judgment of default.

D in effect refuted the suit, which will be dismissed.

Question #3

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 through a scintilla of evidence.

C by a preponderance of the evidence.

D to the extent promised in his attorney’s opening statement.

Question #4

Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

A an interrogatory.

B discovery.

C a deposition.

D evidence.

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 reversed and remanded the case.

D remanded the case.

Question #6

In a suit by Climate Action Now (CAN) against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest’s admission in response

A conclusively establishes the matter for trial.

B is irrelevant.

C completely absolves the defendant of the issue in question.

D is the basis for a default judgment in the plaintiff’s favor.

Question #7

Suite Properties files a suit in a state court against Tower Offices. At the conclusion of the plaintiff’s case, the defendant files a motion asking the judge to direct a verdict in its favor on the ground that the plaintiff presented no evidence to support its claim. This is a motion for

A a new trial.

B judgment n.o.v.

C a judgment in accordance with the verdict.

D a judgment as a matter of law.

Question #8

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 n.o.v.

B order a new trial.

C enter a judgment in accordance with the verdict.

D enter a judgment as a matter of law.

Question #9

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses’ sworn statements. Cruises should file

A a motion to dismiss.

B a motion for summary judgment.

C a counterclaim.

D a motion for judgment on the pleadings.

Question #10

Levon files a suit against Manufacturing Corporation. The defendant believes that even if the plaintiff’s statement of the facts is true, according to the law the defendant is not liable. Manufacturing Corporation should

A file a motion to dismiss.

B ask for a deposition.

C seek an admission of the truth of the matter relating to the trial.

D issue a summary judgment.

Question #11

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.

Question #12

Barge Company and Cove Harbor dispute the meaning of their contract. Unable to agree on settlement, the parties prepare for trial. To obtain information, they engage in discovery. This includes gaining access to each other’s witnesses and other types of evidence by

A voir dire and a writ of certiorari.

B improper requests and related tactics.

C subterfuge and similar methods.

D depositions and other devices.

Question #13

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff’s attorney places the defendant’s 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 a cross-examination.

B voir dire.

C hearsay.

D a deposition.

Question #14

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

A the solvency of the defendant is in question.

B the case can be disposed of without a trial.

C the plaintiff is legally entitled to a remedy.

D the defendant does not have a valid defense.

Question #15

Bess files a suit against Chet over the sale of Dairy Farm. During the trial, after the plaintiff’s attorney is finished questioning the first witness, the witness is subject to

A a closing statement.

B direct examination.

C cross-examination.

D a preponderance of the evidence.

Question #16

Electronic discovery can reveal significant facts that are not discoverable by other means.

A TRUE

B FALSE

Question #17

Sanctions for spoliation of e-evidence can include the entire cost for restorative recovery efforts.

A TRUE

B FALSE

Question #18

A default judgment is a judgment entered by a court in a case in which neither party prevails.

A FALSE

B TRUE

Question #19

A prevailing party has no right to appeal a trial court’s decision, even if, for example, the party receives a smaller monetary award than sought.

A TRUE

B FALSE

Question #20

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

A TRUE

B FALSE

Question #21

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm’s best interest.

A TRUE

B FALSE

Question #22

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

A FALSE

B TRUE

Question #23

Voir dire refers to the jury selection process.

A TRUE

B FALSE

Question #24

Jurors must decide a case based only on the information that they learn during the trial.

A FALSE

B TRUE

Question #25

Appellate courts have no discretionary power to reject an appeal—appellate courts must accept all appeals.

A FALSE

B TRUE

Question #26

Without a jury, there is no one to determine the truth of the facts alleged in a case.

A TRUE

B FALSE

Question #27

A party does not need to have legitimate grounds to appeal a trial court’s decision.

A FALSE

B TRUE

Question #28

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

A TRUE

B FALSE

Question #29

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

A TRUE

B FALSE

Question #30

A motion to dismiss asserts that a claim has no basis in law.

A FALSE

B TRUE

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