Ch. 3 example #57762

Procedural law does not have a significant impact on a person's ability to pursue a legal claim.

The litigation process has three phases: filing, answering, and appealing

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

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

Only a defendant can file a motion to dismiss.

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

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

Interrogatories are written questions for which written answers are prepared by a judge.

Any written material, including information stored electronically, can be the object of a discovery request.

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

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

Hearsay evidence is what someone heard someone else say

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

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

After both sides have rested their cases, only the plaintiff's attorney makes a closing argument.

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

The expenses associated with an appeal can be considerable.

A court of appeals does not hear any evidence.

A reviewing court may reverse a trial court's judgement only in a case in which the plaintiff lost.

It is guaranteed that any judgment will be enforceable.

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

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

Neville files a suit against Olina. If Olina fails to respond,

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

If Enzo files a motion to dismiss, he is asserting that

If Enzo files a motion to dismiss, and the court denies it,

If Enzo files a motion to dismiss, and the court grants it,

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

To prepare for a trial between SmartPhones, Inc, and TechApps Company, TechApps' attorney places SmartPhones' chief executive officer under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

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

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

Posy brings a lawsuit against Quisa over a sale of 350 acres of farmland. During the trial, Quisa's attorney asks questions of the plaintiff's witness Raina. This is

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

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

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

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 judgement in Ingrid's favor. If the case of appealed to an appropriate court of appeals, the appellate court will hear

After its review of Maritn v. Nichelle, the appellate court upholds the lower court's verdict. The appellate court has

After a final determination in the case of Martin v. Nichelle, any judgment will be satisfied

After the state's highest court's review of Martin v. Nichelle, a party can appeal the decision to the United States Supreme Court if