Law: SB #3 Flashcards
Which of the following are the most alike?
complaint and reply answer and reply answer and counterclaim
b
An answer responds to allegations and a counterclaim makes allegations; thus they are very different. A complaint makes allegations, but a reply responds to allegations; thus they are very different.
When does service of process occur?
when a plaintiff files his or her complaint with the court when a defendant delivers his or her answer to the court when a deputy sheriff hands a complaint and summons to a defendant
c
when a deputy sheriff hands a complaint and summons to a defendant
Which of the following is most likely to produce more specific, useful information?
interrogatories deposition
b
deposition
An attorney plans to give an impassioned argument to the jury for the purpose of persuading them to be in favor of her client. When would this be most appropriately done?
in a closing argument in an opening statement
a
In theory, a legal argument must be based on facts, and there are no such facts until the jury has heard the evidence. Thus, an argument is at the end of a trial and not at the beginning. An opening statement is intended, at least in theory, to orient a jury, but not persuade it.
Andy has recently had a hernia operation and cannot sit upright for long periods of time. He will most likely be removed from the panel of prospective jurors by the use of what kind of challenge?
a peremptory challenge a challenge for cause
b
If Andy is physically not able to perform the duties of a juror, there is a good cause to remove him from the panel of prospective jurors. Andy would probably be removed from the panel before the proceedings came to the point of peremptory challenges.
This question focuses on the opinion in Randolph v. Commodore Cruise Lines in the text. In that case, summary judgment in favor of the cruise line was reversed and the case was returned to the trial court for further proceedings (a trial). Which of the following is correct?
At trial, if the jury concludes that Ms. Randolph did not receive a ticket, she will win if the cruise line was negligent. At trial, if the jury concludes that Ms. Randolph received a ticket, she will win if the cruise line was negligent. At trial, it is likely that Ms. Randolph lost because her case was bad enough that the trial court judge tried to dismiss it summarily. At trial, it is likely that Ms. Randolph will win because her case was strong enough that the appellate court reversed the decision of the trial court judge.
a
At trial, if the jury concludes that Ms. Randolph did not receive a ticket, she will win if the cruise line was negligent.
When the jury foreman writes down the decision of the jury on a piece of paper (which will be thereafter handed to the clerk of the court), what is the decision on the piece of paper called?
the judgment the verdict
b
The decision of the jury is called a verdict. If the judge finds that the verdict is within the boundaries of the law and therefore acceptable, he will approve it and enter a final judgment based on the verdict.
In which of the following is the questioner allowed to use leading questions?
direct examination cross examination
b
A questioner is allowed to ask leading questions in the process of cross examination but normally not in the process of direct examination.)
In the Jed Doe and Milly Roe case, illustrated in the text, the jury granted Milly $500 for her personal injuries. Jed moved for entry of a judgment n.o.v. The judge did not grant this motion. Which of the following is correct?
The judge was correct in not granting the motion. The judge was not correct in refusing to grant the motion.
a
A judge may grant a motion n.o.v. (notwithstanding the verdict) only if there was no reasonable basis for the decision of the jury verdict. Milly’s evidence was not very believable, but there was some evidence in her favor and the jury was entitled to believe it. Therefore, the judge could not substitute his judgment for that of the jury
It is alleged in a case that Manny negligently failed to yield the right of way as he drove a car into an intersection, with the result that Hillary, a pedestrian, was injured. Citing the statement of an eyewitness that he did, in fact, yield the right of way, Manny moves for an order of summary judgment. Hillary, however, resists the motion. She asserts that the witness did not have a good view of the intersection. Which of the following is correct?
The motion will probably not be granted (not dismissing Hillary’s complaint.) The motion will probably be granted (dismissing Hillary’s complaint.)
a
The facts in the case are disputed and consequently, there is no factual basis for an order of summary judgment. Essential facts remain in dispute and must be resolved by a judge or jury.
