Name    Clas    Dat  

: s: e:

Chapter 03: Court Procedures

True / False

1. There is one uniform set of rules of procedure for all courts.

  a. True
  b. Fals
e
ANSWER:  Fals
e

2. Procedural law is irrelevant with respect to a person’s ability to pursue a legal claim.
  a. True
  b. Fals
e
ANSWER:  Fals
e

3. Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit.
  a. True
  b. Fals
e
ANSWER:  True

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

  a. True
  b. Fals
e
ANSWER:  Fals
e

5. A default judgment is entered against a party only on proof that he or she was at fault in the matter at issue.
  a. True
  b. Fals
e
ANSWER:  Fals
e

6. Service of process is the process of obtaining information from an opposing party before trial.
  a. True
  b. Fals
e
ANSWER:  Fals
e

7. An answer can deny the allegations made in a complaint.

  a. True
  b. Fals
Copyright Cengage Learning. Powered by Cognero. Page 1
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

e
ANSWER:  True

8. Any relevant material, including information stored electronically, can be the object of a discovery request.
  a. True
  b. Fals
e
ANSWER:  True

9. In most states, if neither party requests a jury, the court presumes the parties waive this right.
  a. True
  b. Fals
e
ANSWER:  True

10. At the beginning of a trial, only the defendant’s attorney makes an opening statement.
  a. True
  b. Fals
e
ANSWER:  Fals
e

11. A person directly involved in the events concerning a lawsuit is known as an expert witness.
  a. True
  b. Fals
e
ANSWER:  Fals
e

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

  a. True
  b. Fals
e
ANSWER:  Fals
e

13. Interrogatories are written questions for which written answers are prepared by a judge.
  a. True
  b. Fals
e
ANSWER:  Fals
e

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

Copyright Cengage Learning. Powered by Cognero. Page 2

Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

  b. Fals
e
ANSWER:  True

15. The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for
judgment on the pleadings.
  a. True
  b. Fals
e
ANSWER:  True

16. Before a trial, the plaintiff can file a motion to dismiss.

  a. True
  b. Fals
e
ANSWER:  True

17. Only a defendant can file a motion to dismiss.

  a. True
  b. Fals
e
ANSWER:  Fals
e

18. A summary judgment is issued only if there is no genuine question of fact.

  a. True
  b. Fals
e
ANSWER:  True

19. A motion for summary judgment may be made before, during, or after a trial.
  a. True
  b. Fals
e
ANSWER:  Fals
e

20. Only a defendant may file a motion for summary judgment.

  a. True
  b. Fals
e
ANSWER:  Fals
e

21. If a discovery request involves confidential business information, the scope of the request can be limited.

Copyright Cengage Learning. Powered by Cognero. Page 3

Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

  a. True
  b. Fals
e
ANSWER:  True

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

  a. True
  b. Fals
e
ANSWER:  Fals
e

23. Hearsay evidence is testimony someone gives in court about a statement made by someone else who was not under
oath at the time.
  a. True
  b. Fals
e
ANSWER:  True

24. An appellate court can reverse the decision of a trial court that erred.
  a. True
  b. Fals
e
ANSWER:  True

25. A trial begins with the plaintiff’s attorney’s direct examination of the first witness.
  a. True
  b. Fals
e
ANSWER:  Fals
e

26. When a defendant finishes introducing evidence, the trial is concluded.

  a. True
  b. Fals
e
ANSWER:  Fals
e

27. A motion for a directed verdict is also known as a motion for judgment as a matter of law.
  a. True
  b. Fals
e
ANSWER:  True

Copyright Cengage Learning. Powered by Cognero. Page 4

Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

28. A motion for a new trial will be granted only if the trial judge feels that it is appropriate to grant a judgment for the
other side.
  a. True
  b. Fals
e
ANSWER:  Fals
e

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

  a. True
  b. Fals
e
ANSWER:  Fals
e

30. Either party may appeal a jury’s verdict but only the plaintiff may appeal a judge’s ruling.
  a. True
  b. Fals
e
ANSWER:  Fals
e

31. A case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the
appellate court.
  a. True
  b. Fals
e
ANSWER:  True

32. The expenses associated with an appeal can be considerable.

  a. True
  b. Fals
e
ANSWER:  True

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

  a. True
  b. Fals
e
ANSWER:  Fals
e

34. A reviewing court may reverse a trial court’s judgment only in a case in which the plaintiff lost.
  a. True
  b. Fals
e
Copyright Cengage Learning. Powered by Cognero. Page 5
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

ANSWER:  Fals
e

35. It is guaranteed that any judgment will be enforceable.

  a. True
  b. Fals
e
ANSWER:  Fals
e

Multiple Choice

36. Emily retains Michael, an attorney, on a contingency-fee basis to seek $1 million in damages in a personal-injury suit
against Prescription Pharmaceuticals Inc. Emily wins. She must pay
  a. court costs and other expenses, but not Michael’s fee.
  b. Michael’s fee, court costs, and other expenses.
  c. Michael’s fee only.
  d. neither Michael’s fee nor court costs and other
expenses.
ANSWER:  b

37. Isabel and Josh engage in a business transaction that leads to a dispute. Isabel initiates a lawsuit against Josh by filing
a complaint. The sheriff serves Josh with a summons. If Josh chooses to ignore it,
  a. Isabel must file an amended complaint.
  b. Isabel will have a judgment entered in her favor.
  c. Josh must be served with a second summons.
  d. Josh will have a judgment entered in his favor.
ANSWER:  b

38. 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.
ANSWER:  d

39. 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.
Copyright Cengage Learning. Powered by Cognero. Page 6
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

ANSWER:  b

40. Sweet Lemonade, Inc., disputes the use of “sweet-lemonade.com” as a domain name by Sweet Citrus Beverages, Ltd.,
and files a suit to resolve the dispute. Service of process must be by
  a. e-mail.
  b. personal delivery.
  c. regular mail.
  d. whatever means is reasonably calculated to do the job.
ANSWER:  d

41. 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.
ANSWER:  a

42. Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should
include
  a. an explanation of the proof to be offered at trial.
  b. a statement refuting any defense that the defendant might
assert.
  c. a motion for judgment on the pleadings.
  d. a statement alleging the facts showing the court has jurisdiction.
ANSWER:  d

43. 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.
ANSWER:  d

44. Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not
dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses’
sworn statements. This is a
  a. counterclaim.
  b. motion for judgment on the pleadings.
  c. motion for summary judgment.
  d. motion to dismiss.

Copyright Cengage Learning. Powered by Cognero. Page 7

Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

ANSWER:  c

45. 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.
ANSWER:  d

46. Pietro files a suit against Qiana. If Qiana fails to respond,

  a. Pietro will have a default judgment entered against
him.
  b. Qiana will be considered to be in denial.
  c. the suit will be dismissed.
  d. Qiana will have a default judgment entered against her.
ANSWER:  d

47. 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.
ANSWER:  a

48. Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by
filing a complaint. If Enzo files a motion to dismiss, he is asserting that
  a. Destiny did not state a claim for which relief can be
granted.
  b. Destiny’s statement of the facts is not true.
  c. Destiny’s statement of the law is not true.
  d. Enzo suffered greater harm than Destiny.
ANSWER:  a

49. Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The
complaint should include a statement alleging the facts establishing
  a. an explanation to refute any defense Open Pit might
assert.
  b. a motion for summary judgment.
  c. a motion to dismiss.
  d. Mountain’s basis for relief.

Copyright Cengage Learning. Powered by Cognero. Page 8

Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

ANSWER:  d

50. 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.
ANSWER:  b

51. Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be
  a. appealed to a higher court.
  b. dismissed or settled.
  c. resolved but only after a trial.
  d. remanded for further
proceedings.
ANSWER:  b

52. 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.
ANSWER:  a

53. To prepare for a trial between Fones, Inc., and G-Bytes Company, G-Bytes’s attorney places Fones’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. a deposition.
  c. voir dire.
  d. hearsay.
ANSWER:  b

54. 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.
ANSWER:  d
Copyright Cengage Learning. Powered by Cognero. Page 9
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

55. 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. 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 choices.
ANSWER:  d

56. Bibi brings a lawsuit against Cocteau over an allegedly defective shipment of machine parts. During the trial, Bibi’s
attorney asks questions of Bibi’s witness Drummond. This is
  a. a cross-examination.
  b. a direct examination.
  c. voir dire.
  d. hearsay.
ANSWER:  b

57. 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.
ANSWER:  a

58. Kent’s witness Lois is not an expert in the matter about which she is being questioned. Lois can
  a. testify about any of the facts in the case.
  b. testify only about what she personally
observed.
  c. offer her opinion about any of the evidence.
  d. offer her conclusion with regard to the case.
ANSWER:  b

59. Lacey files a civil suit against Mischa. To succeed, Lacey must prove her case
  a. beyond a reasonable doubt.
  b. by a preponderance of the evidence.
  c. through a scintilla of evidence.
  d. to the extent promised in her attorney’s opening
statement.
ANSWER:  b

60. 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 in accordance with the
Copyright Cengage Learning. Powered by Cognero. Page 10
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

verdict.
  b. enter a judgment n.o.v.
  c. enter a judgment as a matter of law.
  d. order a new trial.
ANSWER:  a

61. 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. a judgment in accordance with the verdict.
  b. a judgment on the pleadings.
  c. a new trial.
  d. judgment n.o.v.
ANSWER:  c

62. 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. a judgment in accordance with the verdict.
  b. a judgment as matter of law.
  c. a new trial.
  d. judgment n.o.v.
ANSWER:  d

63. Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey’s case, Hi-Rise files a
motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to
support his claim. This is a motion for
  a. a judgment in accordance with the verdict.
  b. a judgment as matter of law.
  c. a new trial.
  d. judgment n.o.v.
ANSWER:  b

64. Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny
leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial
court, within a prescribed period of time
  a. a formal refusal to abide by the verdict.
  b. a notice of appeal.
  c. a transcript of the trial and copies of the exhibits.
  d. the judgment order from which the appeal is
taken.
ANSWER:  b

65. 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
Copyright Cengage Learning. Powered by Cognero. Page 11
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

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.
ANSWER:  b

66. New Cuisine Café files a suit in a state court against Olive Oil Inc., alleging a breach of contract. The case proceeds to
trial, after which the court renders a verdict. If New Cuisine decides to appeal to a state appellate court, its attorney must
file, with the clerk of the appellate court, within a prescribed period of time
  a. a brief including the arguments of both
parties.
  b. a copy of the record on appeal.
  c. an explanation for the verdict.
  d. a statement of the grounds for reversal.
ANSWER:  b

67. 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.
ANSWER:  c

68. Bull files a suit against Clay in a state court over payment due on a short-term 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 Bull v. Clay,
the appellate court upholds the lower court’s verdict. The appellate court has
  a. affirmed the case.
  b. reversed the case.
  c. remanded the case.
  d. reversed and remanded the case.
ANSWER:  a

69. 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.
ANSWER:  a

70. Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the
Copyright Cengage Learning. Powered by Cognero. Page 12
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

suit and appeals. After the state’s highest court’s review of Faye v. Gas Station Stop, either 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.
ANSWER:  a

Essay

71. 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?
ANSWER The sufficiency of the service of process is at the center of this dispute. The
:   requirements for sufficient service of process are that a summons and a copy of the
complaint must be delivered to the proper party.
Here, the defendant was a corporation, and the service was addressed to the
corporation’s president. The documents were sent via first-class mail, return receipt
requested. Generally, service of process is proper if the documents are delivered to a
person authorized by a corporation to receive the service. The court should not grant
Drivers Edge and Elvin’s motion to set aside the judgment. Chase met the requirements
for serving an out-of-state corporation. Significantly, he addressed the service to Elvin,
not to the corporation. Francine was a Drivers Edge employee who regularly received
mail on her employer’s behalf. Francine’s notice of the action can thus be imputed to
Drivers Edge and Elvin.

72. 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?
ANSWER In response to the complaint, Tech Performance (the defendant) may file an answer in
:   which the firm admits the statements or allegations set out in Uno IT’s complaint or
denies them and sets out any defenses that Tech Performance may have. (If Tech
Performance admits to the allegations, a judgment will be entered in favor of Uno IT. If
Tech Performance denies the allegations, the matter will proceed.) In the answer, Tech
Performance may assert an affirmative defense—that is, admit the truth of the
complaint but raise new facts to show that the firm should not be held liable for the
damage sustained by Uno IT . (The sorts of facts these might be and the legal effect
they might have are details explained in later chapters in this text.) Tech Performance
could also deny Uno IT’s allegations and assert a counterclaim alleging that the crash
occurred as a result of something Uno IT did and that Uno IT owes Tech Performance
damages for the harm done to its reputation. Uno IT would have to submit an answer to
the counterclaim.
Copyright Cengage Learning. Powered by Cognero. Page 13
Name    Clas    Dat  
: s: e:

Chapter 03: Court Procedures

Instead of filing an answer, Tech Performance might file a motion to dismiss. This
motion might contend that Uno IT failed to state a claim for which relief can be granted
—in other words, even if the facts presented in the complaint are true, their legal
consequences are such that there is no reason to go ahead with the suit. Other grounds
for this motion include improper service of process and the court’s lack of jurisdiction
or venue. (If the motion is denied, Tech Performance will be given time to file an
answer. If the motion is granted, Uno IT will be given time to file an amended
complaint.)

Copyright Cengage Learning. Powered by Cognero. Page 14