Chapter 3 Court Procedures. All Answers

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N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Ban... k. = A question included in the previous edition of the Test Bank. A1. There is one set of procedural rules for federal courts and various sets for state courts. T : 50 TYPE: N NAT: AACSB Analytic AICPA Legal A2. A default judgment is entered against a party who fails to respond to the allegations in a complaint. T : 52 TYPE: N NAT: AACSB Analytic AICPA Legal A3. Service of process is the process of obtaining information from an opposing party before trial. F : 52 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking A4. An answer can admit to the allegations made in a complaint. T : 56 TYPE: = NAT: AACSB Analytic AICPA Legal A5. At every stage of a trial, either party can file a motion to dismiss the case. T : 56 TYPE: N NAT: AACSB Analytic AICPA Legal A6. A summary judgment is granted only if there is no genuine question of law. F : 57 TYPE: N NAT: AACSB Analytic AICPA Legal A7. A motion for summary judgment may be made before, during, or after a trial. F : 57 TYPE: = NAT: AACSB Analytic AICPA Legal A8. Only a defendant may file a motion for summary judgment. F : 57 TYPE: = NAT: AACSB Analytic AICPA Critical Thinking A9. If a discovery request involves confidential business information, the scope of the request can be limited. T : 60 TYPE: N NAT: AACSB Analytic AICPA Legal A10. Voir dire is a process for presenting evidence in a case. F : 61 TYPE: = NAT: AACSB Analytic AICPA Legal A11. Hearsay evidence is a statement made by someone who was not under oath at the time. T : 63 TYPE: N NAT: AACSB Analytic AICPA Legal A12. A trial commences with the plaintiff’s attorney’s direct examination of the first witness. F : 65 TYPE: N NAT: AACSB Analytic AICPA Legal A13. After a defendant finishes introducing his or her evidence, the plaintiff can present a rebuttal. T : 66 TYPE: = NAT: AACSB Analytic AICPA Legal A14. A motion for a directed verdict is also known as a motion for judgment as a matter of law. T : 66 TYPE: N NAT: AACSB Analytic AICPA Legal A15. 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. F : 66 TYPE: = NAT: AACSB Analytic AICPA Legal A16. Either party can appeal a judge’s ruling on any pretrial motion. T : 67 TYPE: N NAT: AACSB Analytic AICPA Legal A17. In most appealed cases, a trial court’s decision is affirmed. T : 68 TYPE: = NAT: AACSB Reflective AICPA Legal A18. An appellate court can reverse the decision of a trial court that erred. T : 68 TYPE: + NAT: AACSB Reflective AICPA Critical Thinking A19. A case is remanded when it is sent back for further proceedings to the court that originally heard the case. T : 68 TYPE: = NAT: AACSB Analytic AICPA Legal A20. Every judgment is enforceable. F : 71 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking MULTIPLE CHOICE QUESTIONS A1. Glen re¬tains Holly, an attorney, on a contingent-fee basis to seek $100,000 in damages in a personal-injury suit against Interstate Shipping Corporation. Glen wins. He must pay a. court fees and other expenses, but not Holly’s fee. b. Holly’s fee, court fees, and other expenses. c. Holly’s fee only. d. neither Holly’s fee nor court fees and other expenses. B : 52 TYPE: = NAT: AACSB Reflective AICPA Risk Analysis A2. Ridgeline Trucking wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include a. an explanation to refute any defense the defendant might assert. b. a motion for summary judgment. c. a motion to dismiss. d. a statement alleging the facts establishing Ridgeline’s basis for relief. D : 52 TYPE: = NAT: AACSB Reflective AICPA Legal Fact Pattern 3-A1 (Questions A3–A4 apply) Mac and Nan engage in a business transaction from which a dispute arises. Mac initiates a lawsuit against Nan by filing a complaint. A3. Refer to Fact Pattern 3-A1. The sheriff serves Nan with a summons. If Nan chooses to ignore it a. Mac must file an amended complaint. b. Mac will have a judgment entered in his favor. c. Nan must be served with a second summons. d. Nan will have a judgment entered in her favor. B : 52 TYPE: = NAT: AACSB Reflective AICPA Critical Thinking A4. Refer to Fact Pattern 3-A1. If Nan responds to Mac’s complaint by filing a counterclaim, then a. Mac will also have to file a response. b. Mac will have a judgment entered in his favor. c. Nan will also have to file an amended answer. d. Nan will have a judgment entered in her favor. A : 52 TYPE: = NAT: AACSB Reflective AICPA Legal A5. All-USA Imports, Inc., disputes the use of “all-usa.com” as a domain name by All-USA Overseas Exports, 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. D : 53 TYPE: = NAT: AACSB Communication AICPA Leveraging Technology A6. Indelible Fabrics, Inc. (IFI), makes “Jean’s Denim,” a famous brand of clothing. Without IFI’s consent, Kopy Company (KC) begins to use “jeansdenim” as part of a domain name. IFI files a suit against KC and engages in service of process. Service of process must provide a. equality and fairness in adjudication. b. notice and an opportunity to respond. c. space to fill in important information and time in which to do it. d. privacy between the litigants and publicity in the judgment. B : 53 TYPE: = NAT: AACSB Communication AICPA Critical Thinking A7. Loren files a suit against Mabel, alleging a failure to pay for the harvest of Mabel’s orchards. Mabel denies Loren’s charge and claims that Loren breached their contract to harvest a certain number of acres and owes Mabel money for the breach. Mabel’s claim is a. a contrary charge. b. a counterclaim. c. a counterpoint. d. a cross complaint. B : 56 TYPE: + NAT: AACSB Reflective AICPA Legal A8. Opal files a complaint in a suit against Phil, and he files an answer. The case may now be a. dismissed only after a trial begins. b. dismissed or settled at this point. c. resolved only after a trial ends. d. settled only during a trial. B : 56 TYPE: = NAT: AACSB Reflective AICPA Legal A9. Quin files a suit against Regal Products, Inc. Regal responds that even if Quin’s statement of the facts is true, according to the law Regal 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. D : 56 TYPE: = NAT: AACSB Reflective AICPA Legal A10. Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses’ sworn statements. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss. C : 57 TYPE: = NAT: AACSB Reflective AICPA Legal A11. In Restful Motel’s suit against Sleepy Hotels, Inc., Restful serves a written request for Sleepy to admit the truth of matters relating to the trial. Sleepy’s admission in response is the equivalent of a. an admission in court. b. a statement to the media. c. information to which Sleepy has a right of privacy. d. irrelevant evidence. A : 60 TYPE: N NAT: AACSB Reflective AICPA Legal A12. Excel Products Company files a suit against Flying Distribution, Inc., over a contract. Before the trial, Excel can obtain from Flying a. all documents in Flying’s possession relating to the contract. b. any documents in Flying’s possession. c. no documents in Flying’s possession. d. only those documents that Flying agrees to release. A : 60 TYPE: = NAT: AACSB Reflective AICPA Legal A13. During a trial in Gene’s suit against Homer over the use of Gene’s lakeside cabin, Gene’s attorney asks questions of the plaintiff’s witness Illya. This is a. a cross-examination. b. a deposition. c. a direct examination. d. an interrogatory. C : 65 TYPE: N NAT: AACSB Reflective AICPA Legal Fact Pattern 3-A2 (Questions A14–A16 apply) Fine Dining Corporation files a suit against Eat-at-Joe’s, Inc. A14. Refer to Fact Pattern 3-A2. During the trial, Fine Dining’s attorney questions the plaintiff’s witness Floyd. Floyd, who is not an expert in the matter about which he is being asked, can a. testify about any of the facts in the case. b. testify about only what he personally observed. c. offer his opinion about any of the evidence. d. offer his conclusion with regard to the case. B : 65 TYPE: N NAT: AACSB Reflective AICPA Legal A15. Refer to Fact Pattern 3-A2. The attorney for Eat-at-Joe’s also questions Floyd. This is a. a cross-examination. b. a direct examination. c. an interrogatory. d. a request for admissions. A : 65 TYPE: = NAT: AACSB Reflective AICPA Legal A16. In Rendezvous Cafe’s suit against Sanitary Waste Services, Inc., the court issues a judgment in Rendezvous’s favor. The judgment can be appealed to an appropriate court of appeals by a. neither party. b. Rendezvous only. c. Rendezvous or Sanitary. d. Sanitary only. C : 67 TYPE: N NAT: AACSB Reflective AICPA Legal Fact Pattern 3-A3 (Questions A17–A20 apply) Liz files a suit against Moe in a state court. The case proceeds to trial, after which the court renders a verdict. A17. Refer to Fact Pattern 3-A3. If Moe decides to appeal to a state appellate court, Moe’s 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. B : 67 TYPE: = NAT: AACSB Reflective AICPA Legal A18. Refer to Fact Pattern 3-A3. If either party appeals, the clerk of the trial court will send to the clerk of the appellate court within a prescribed pe¬riod 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. B : 67 TYPE: = NAT: AACSB Reflective AICPA Legal A19. Refer to Fact Pattern 3-A3. If Liz decides to appeal to a state appellate court, Liz’s attorney must file, with the clerk of the appellate court within a pre-scribed period of time a. a demand to be heard. b. a motion for a judgment n.o.v. c. a notice of appeal. d. a request for affirmance, remand, or reversal. C : 67 TYPE: = NAT: AACSB Reflective AICPA Legal A20. Refer to Fact Pattern 3-A3. If Moe appeals to, and files a brief with, a state appellate court, Liz’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. B : 67 TYPE: = NAT: AACSB Reflective AICPA Legal ESSAY QUESTIONS A1. Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made? A2. National Trucking Corporation files a suit in a state court against Odell’s Service Company (OSC), and wins. OSC appeals the court’s decision, as-serting that the evidence presented at trial to support National’s claim was so scanty that no reasonable jury could have found for the plaintiff. There-fore, argues OSC, the appellate court should reverse the trial court’s de¬ci¬sion. Is the appellate court likely to reverse the trial court’s findings with re¬spect to the facts? If not, why not? What are an appellate court’s options after reviewing a case? [Show More]

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