4/25/2021 BLAWChap3 Flashcards | Quizlet

BLAWChap3
Terms in this set (18)

The litigation process False

has three phases: filing,
answering, and
appealing

Before a lawsuit begins, True

the court must have
proof that the
defendant was notified
of the
lawsuit.

A counterclaim is raised False

by a plaintiff against a
defendant's answer

The use of additional True

evidence distinguishes
the motion for summary
judgment from the
motion for judgment on
the pleadings.

Discovery is the process True

of obtaining information
from an opposing party
before trial.

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Interrogatories are False

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

In most states, if neither True

party requests a jury, the
court presumes the
parties waive this
right.

Hearsay evidence is True

what someone heard
someone else say.

A judge instructs a jury True

in the law that applies in
a case.

A court of appeals does True

not hear any evidence.

It is guaranteed that any False

judgment will be
enforceable.

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Gilbert wants to initiate d. a statement alleging the facts showing the court
a suit against has jurisdiction
Healthways Insurance
Company by filing a
complaint. The
complaint should
include
a. an explanation of the
proof to be offered at
trial.
b. a statement refuting
any defense that the
defendant might assert.
c. a motion for judgment
on the pleadings.
d. a statement alleging
the facts showing the
court has jurisdiction.

Neville files a suit d. Olina will have a default judgment entered

against Olina. If Olina against her
fails to respond,
a. Neville must appeal
the case to a different
court.
b. Olina's failure to
respond will be
considered to be a
denial.
c. Neville will not be
awarded the remedy
sought.
d. Olina will have a
default judgment
entered against her
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To prepare for a trial b. a deposition.

between SmartPhones,
Inc., and TechApps
Company, TechApps'
attorney places
SmartPhones' chief
executive officer (CEO)
under oath. A court
official makes a record
of the attorney's
questions and the CEO's
answers. This
is
a. a cross-examination.
b. a deposition.
c. voir dire.
d. an interrogatory.

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During the trial phase of d. the selection of jurors.

Sof' Drink Soda
Corporation's suit
against TimeOut
Convenience Stores,
Inc., their attorneys
engage in voir dire. This
is
a. an assessment of the
arguments on the issues.
b. the determination of
the issues to be argued.
c. the testimony by a
party to the lawsuit or
by any witness,
recorded by an
authorized court
official.
d. the selection of
jurors.

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