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Exam 3: Court Procedures

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Question 1

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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

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The sufficiency of the service of proces...

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Question 2

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

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B) False

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Question 3

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Fact Pattern 3-B2 (Questions B18-B20 apply) Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract.The case proceeds to trial,after which the court renders a verdict.The case is appealed to an appellate court. -Refer to Fact Pattern 3-B2.After a final determination in the case of Martin v.Nichelle,any judgment will be satisfied

A court of appeals does not hear any evidence.

Fact Pattern 3-B1 (Questions B5-B7 apply) Destiny and Enzo engage in a business transaction for the creation and baking of a cake and other pastries and desserts for Destiny's wedding dinner and reception.When a dispute arises,Destiny initiates a lawsuit against Enzo by filing a complaint. -Refer to Fact Pattern 3-B1.If Enzo files a motion to dismiss,and the court grants it,

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

Discovery is the process of obtaining information from an opposing party before trial.

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

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

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

An expert witness is a person who is directly involved in the events concerning a lawsuit.

Only a defendant can file a motion to dismiss.

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

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

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

At the beginning of a trial,only the defendant's attorney makes an opening statement.

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

Hearsay evidence is what someone heard someone else say.

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

In most states,if neither party requests a jury,the court presumes the parties waive this right.