SMC Business Law Sec 1059 Week 1 Ch 2 Quiz (2015)

Week 1 Chp. 2 QuizGrading SummaryGrade Details – All QuestionsQuestion 1. Question : State appellate courts review the trial court record to determine whether the trier of fact correctly decided the facts. Student Answer: True False Instructor Explanation: The trier of fact (jury in a jury trial or judge in a court trial) decides the facts based on its perception of the credibility of witnesses who testify. It is not the function of the appellate court to review this aspect of a trial. Question 2. Question : Sometimes a jury will not follow the law and instead, will return a verdict based on bias, sympathy or its disapproval of the law that the court is instructing it to apply. This phenomenon is called “jury nullification.” Student Answer: True False Question 3. Question : A request, in writing, that a party admit or deny certain statements of supposed fact is yet another form of discovery. This form of discovery is called: Student Answer: Request for confessions Request for concessions Request for admissions Request for the truth None of the aboveQuestion 4. Question : Assume that A sued B for breach of contract. In her answer, B alleged that she was induced to enter into the contract by A’s fraudulent statements. By alleging fraud, B has: Student Answer: Raised an affirmative defense to the breach of contract lawsuit Made a counterclaim against A Denied that a contract was ever formed None of the aboveQuestion 5. Question : The very first pleading that is filed in a lawsuit is filed by the: Student Answer: Plaintiff or her lawyer Defendant or her lawyer Judge or her clerk None of the aboveQuestion 6. Question : Depositions are: Student Answer: Signed and sworn statements regarding matters of fact Documentary evidence introduced at trial A form of discovery involving oral testimony given by a witness who is placed under oath Written statements made during arbitrationQuestion 7. Question : One difference between arbitration and mediation is that the arbitrator’s decision can be binding on the parties whereas a mediation has no binding effect at all. Student Answer: True False Question 8. Question : A proper definition of proof by a preponderance of the evidence is: Student Answer: The plaintiff must convince the fact finder that the existence of each factual element is more probable than its nonexistence The plaintiff must convince the fact finder beyond a moral certainty of the existence of each factual element The defendant must convince the fact finder beyond a reasonable doubt of the existence of each factual element A and BQuestion 9. Question : Forum selection clauses, unless shown to be unreasonable in a given set of circumstances, are generally enforced by courts. These clauses dictate where a lawsuit must be litigated. Student Answer: True False Question 10. Question : The actual trial: Student Answer: May occur before a judge without a jury May occur before a jury with a judge presiding May not necessarily result in a verdict being rendered All of the aboveQuestion 11. Question : One of the primary purposes of the pretrial conference – in a civil case – is: Student Answer: For the judge to get the parties to sitpulate to certain issues to simplify the trial For the judge to get attorneys to encourage their clients to settle the case For the judge to get the defendant to plead guilty to the crime Both A and BQuestion 12. Question : Both the Complaint and Answer are filed with the court. These documents state the respective claims of the parties and are called: Student Answer: Interrogatories Admissions Pleadings Depositions None of the aboveQuestion 13. Question : In any lawsuit, a factual dispute between the litigants will: Student Answer: Always exist Never exist Sometimes exist None of the aboveQuestion 14. Question : A motion for a new trial: Student Answer: Occurs after an unfavorable judgment or jury verdict Is made by the party against whom the judgment or verdict was handed down Will result in a new trial if the moving party prevails All of the aboveQuestion 15. Question : Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had “offensive and bad breath” and that the condition polluted the classroom environment making it difficult to concentrate and learn. Plaintiff’s cause of action is a valid one and will withstand a demurrer. Student Answer: True False Question 16. Question : Which of the following comes earliest in the course of a civil lawsuit? Student Answer: The motion for summary judgment The motion for judgment notwithstanding the verdict The motion for a directed verdict The motion for a new trialQuestion 17. Question : Interrogatories are a form of discovery requiring a party (either the plaintiff or defendant) to file written answers – under penalty of perjury – to questions submitted to him. Student Answer: True False Question 18. Question : Which of the underlying motions, if any, is made at trial and if successful basically “takes the case away from the jury” and results in the judge deciding the case? Student Answer: A motion to dismiss A motion for a new trial A motion for summary judgment A motion for a directed verdict None of the aboveQuestion 19. Question : By filing a Demurrer with the court, the filing party is essentially contending that the plaintiff’s claim has no legal merit even if all of the allegations contained in the complaint are true. Student Answer: True False Question 20. Question : Appellate courts generally determine two things: If the trial judge correctly applied the law, and if the jury was correct in believing the witnesses who testified. Student Answer: True False