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Exam 5: Court Procedures

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Question 1

Multiple Choice

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Petro Ltd. files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

A) privileged or confidential material.
B) metadata.
C) information to which Petro would otherwise be denied access by the right to privacy.
D) hearsay.

E) All of the above
F) B) and C)

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Question 2

Multiple Choice

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Fitch files a suit in a state court against Gas Stop, claiming employment discrimination. Gas Stop loses the suit and appeals. After the state's highest court's review of Fitch v. Gas 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.

E) A) and D)
F) All of the above

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Question 3

Multiple Choice

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In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant's favor. The case is appealed. The appellate court will hear

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Bey files a suit against Cruises Inc. The defendant wants to respond that it appears from the pleadings the parties do not dispute the facts, that the only question is how the law applies to those facts, and that this response can be supported with witnesses' sworn statements. Cruises should file

Ihlan initiates a lawsuit against Juno, alleging that Juno has not paid her rent for six months and Ihlan wants her to vacate her apartment. The sheriff serves a summons. Juno does not respond. Ihlan

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Picking a jury is an important aspect of litigation strategy.

Sharp Machine Company files a suit against Tseng Parts Ltd., alleging a defective shipment of goods. During the trial, the plaintiff's attorney calls the first witness and asks questions. This questioning is called

Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

Tech Inc. completes programming and other services for Uno IT Products Corporation. When Uno IT's computer system crashes, the firm 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's incompetence and files a complaint in a federal court against the firm. What are Tech's options in response?

Without a jury, there is no one to determine the truth of the facts alleged in a case.

Pro se representation refers to the attorneys that parties hire to represent them in court.

In a suit by Climate Action Now (CAN) against DeForest Inc., CAN serves a written request for the defendant to admit the truth of matters relating to the trial. DeForest's admission in response

Ove files a suit against Po, claiming that the defendant failed to pay for goods shipped in response to an alleged e-mail order. Po denies the charge. If the e-mail order exists, it is

To prepare for a trial between Sky Quest Inc. and Telescope Company, the plaintiff's attorney places the defendant'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

Electronic discovery can reveal significant facts that are not discoverable by other means.

Dig LLC files a suit in a state court against Excavate Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. Excavate appeals to, and files a brief with, a state appellate court. Dig's attorney may file within a prescribed period of time