1. To initiate a lawsuit, Allen files a complaint against Beth, who responds with an answer. Taken together, the complaint and answer are?
a. depositions and interrogatories.
d. the pleadings.
2. Bruce wants to initiate a suit against Computer Data Corporation by filing a complaint. The complaint should include all of the following EXCEPT?
a. a motion for judgment on the pleadings.
b. a statement alleging facts necessary for the court to exercise jurisdiction.
c. a statement alleging facts necessary to show Bruce is entitled to relief.
d. a statement of the remedy Bruce is seeking.
3. Kyle files a suit against Lora. The document that informs Lora that she is required to respond is
b. the complaint.
c. the service of process.
4. Adam files a suit against Beta Products, Inc. Beta responds that even if Adam’s statement of the facts is true, according to the law Beta 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.
Fact Pattern 3-1 (Questions 5–7 apply)
Mack and Nancy engage in a business transaction from which a dispute arises. Mack initiates a lawsuit against Nancy by filing a complaint.
5. Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, she is asserting that
a. Mack did not state a claim for which relief can be granted.
b. Mack’s statement of the facts is not true.
c. Mack’s statement of the law is not true.
d. Nancy suffered greater harm than Mack.
6. Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court denies it
a. Mack will be given more time to file an amended complaint.
b. Mack will have a judgment entered in his favor.
c. Nancy will be given more time to file another response.
d. Nancy will have a judgment entered in her favor.
7. Refer to Fact Pattern 3-1. If Nancy files a motion to dismiss, and the court grants it
a. Mack will be given more time to file an amended complaint.
b. Mack will have a judgment entered in his favor.
c. Nancy will be given more time to file another response.
d. Nancy will have a judgment entered in her favor.
8. High Quality Products, Inc., files a suit against International Software Corporation. Jay is a witness for High Quality. Kim is a witness for International Software. High Quality may direct interrogatories to
a. International Software only.
c. International Software or Kim only.
d. International Software, Kim, or Jay.
9. Pete files a suit against Quality Goods Corporation over a contract. Before the trial begins, Pete can obtain from Quality
a. access to related documents in Quality’s possession.
b. accurate information about Quality’s trade secrets.
c. an admission of the truth of matters unrelated to the contract.
d. all of the above.
10. Alpha, Inc., files a suit against Beta Company and seeks, as part of discovery, certain electronic documents in Beta’s possession. A legitimate reason for this request is that the documents contain
a. data that is otherwise private.
b. data that is publicly available.
c. proof that the defendant needs to defend against the suit.
d. proof that the plaintiff needs to establish his or her case.
11. In Market Company’s suit against National Credit Corporation, Market wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that
a. establishes the degree of probability of a fact or action.
b. tends to disprove a fact in question.
c. tends to prove a fact in question.
d. all of the above.
12. Irma files a civil suit against Jim. To succeed, Irma must prove her case
a. beyond a reasonable doubt.
b. by a preponderance of the evidence.
c. by indisputable proof.
d. within an iota of the truth.
13. In Federated Corporation’s suit against Great Stores, Inc., the jury returns a verdict in Federated’s favor. Great Stores files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
14. In Gamma Corporation’s suit against Omega, Inc., the jury renders a verdict against Gamma. Gamma files a motion stating that even if the evidence is viewed in the light most favorable to Omega, a reasonable jury should not have found in its favor. This is a motion for
a. a directed verdict.
d. none of the above.
15. In Digital, Inc.’s suit against Eagle Company, the jury returns a verdict in Digital’s favor. Digital files a motion asking the judge to issue a judgment in its favor. This is a motion for
a. a judgment in accordance with the verdict.
b. a judgment on the pleadings.
16. Eve files, and wins, a suit against Floyd and seeks, as part of the award, the cost to provide copies of documents in hyperlinked CD format. Under the decision of the court in Case 3.3, Phansalkar v. Andersen, Weinroth & Co., this request is most likely to be considered
a. under any circumstances.
b. under no circumstances.
c. when the CD is produced in addition to required paper copies.
d. when the CD is produced instead of required paper copies.
17. In Greg’s suit against Holly, Greg seeks to recover the cost to provide copies of documents in hyperlinked CD format. According to the court in Case 3.3, Phansalkar v. Andersen, Weinroth & Co., this cost could be awarded if
a. all of the parties used the electronic copies.
b. Greg advanced the expense, hoping to recover it later.
c. Holly consented to the expense in advance.
d. the court encouraged the submission of electronic copies.
Fact Pattern 3-3 (Questions 18–20 apply)
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.
18. Refer to Fact Pattern 3-3. After its review of Kelly v. Lewis, any appellate court can
a. affirm, reverse, or remand all or part of the lower court’s decision.
b. only affirm or reverse all or part of the lower court’s decision.
c. only remand all or part of the lower court’s decision.
d. only reverse or remand all or part of the lower court’s decision.
19. Refer to Fact Pattern 3-3. After the state’s highest court’s review of Kelly v. Lewis, a party can appeal the decision to the United States Supreme Court if
a. a federal question is involved.
b. a question of state law remains unresolved.
c. the party is unsatisfied with the result.
d. the state trial and appellate court rulings are different.
20. Refer to Fact Pattern 3-3. Any judgment will be satisfied
a. if the losing party pays the judgment, or his or her property is sold and the proceeds paid to the winner.
b. only if the court orders the sheriff to pay the winner.
c. only if the losing party pays the judgment in cash.
d. only if the losing party’s property is sold and the proceeds paid to the winner.