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In a suit by the National Forest Preservation Organization (NFPO) against Old Growth Logging,Inc. ,NFPO serves a written request for Old Growth to admit the truth of matters relating to the trial.Old Growth's admission in response is the equivalent of​


A) an admission in court.
B) a statement to the media.
C) information to which Old Growth has a right of privacy.
D) irrelevant evidence.

E) A) and D)
F) None of the above

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

A) True
B) False

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A person directly involved in the events concerning a lawsuit is known as an expert witness.

A) True
B) False

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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 answer.
B) the complaint.
C) the respondent.
D) the summons.

E) None of the above
F) A) and B)

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

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In response to the complaint,Tech Perfor...

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No party can appeal a judge's ruling on a pretrial motion.

A) True
B) False

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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 answer.
B) the complaint.
C) the writ of certiorari.
D) the summons.

E) A) and B)
F) A) and C)

Correct Answer

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Pad,Pod & Phone Accessories LLC (3PA) makes "PacBacs," a famous brand of cases for electronic devices.Without 3PA's consent,Offshoot Rip-Offs Inc.begins to use "pacbacs" as part of a domain name.3PA files a suit against ORO.Service of process for this suit must provide​


A) a medium for Offshoot to respond.
B) notice of the lawsuit.
C) instructions about the steps involved in this,or any,lawsuit.
D) a secure means to guaranty privacy between the litigants.

E) A) and B)
F) C) and D)

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

A) True
B) False

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Daniel files a suit against Ava,alleging that she failed to pay him for two months' labor at her Choice Cheese Factory.Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach.Ava's claim is a​


A) contra charge.
B) counterclaim.
C) counterpoint.
D) cross-complaint.

E) B) and C)
F) A) and D)

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Sara brings a lawsuit against Tucci over a sale of 1,500 acres of ranchland.During the trial,Tucci's attorney asks questions of the plaintiff's witness Ulysses.This is​


A) a cross-examination.
B) a direct examination.
C) voir dire.
D) hearsay.

E) All of the above
F) B) and D)

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Gabrielle files a suit against Hard 'n Fast Adhesives,Inc.Hard 'n Fast responds that even if Gabrielle's statement of the facts is true,according to the law Hard n' Fast is not liable.This is​


A) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

E) A) and D)
F) All of the above

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Dawn files a suit in a state court against Entrée Enterprises Inc. ,alleging the breach of an employment contract.After a final determination in the case of Dawn v.Entrée Enterprises Inc.in favor of Dawn,the judgment will be satisfied​


A) if Entrée pays the judgment.
B) if Dawn has sufficient assets to cover the amount of damages sought.
C) if Entrée proves that it is unable to pay the judgment.
D) all of the choices.

E) None of the above
F) All of the above

Correct Answer

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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?

Correct Answer

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The sufficiency of the service of proces...

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A court of appeals re-hears all of the evidence introduced at trial.

A) True
B) False

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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) a counterclaim.
B) a motion for judgment on the pleadings.
C) a motion for summary judgment.
D) a motion to dismiss.

E) B) and C)
F) A) and D)

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Dirt Machines Inc.files a suit in a state court against Earth Movers Inc. ,claiming that the defendant leased and failed to return a bulldozer.The case proceeds to trial,after which the court renders a verdict.If Earth Movers to,and files a brief with,a state appellate court,Dirt Machines'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.

E) B) and C)
F) B) and D)

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

A) True
B) False

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During the trial phase of Sof' Drink Corporation's suit against TimeOut Stores,Inc. ,their attorneys engage in voir dire.This is​


A) an assessment of the arguments on the issues.
B) the determination of the issues to be argued.
C) the testimony by a party to the lawsuit or by any witness,recorded by an authorized court official.
D) the selection of jurors.

E) B) and C)
F) A) and D)

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Voir dire refers to the seriousness of the controversy in a case.

A) True
B) False

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