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LES 305 1 Exam With Complete Solutions
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LES 305 1 Exam With Complete Solutions...
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LES 305 1 Exam With Complete SolutionsWhen serving a defendant a complaint and summons, - Answer The court rules and
procedures determine how the complaint must be served
The burden of proof required in a civil trial is preponderance of the evidence which
means - Answer The jury determines is it more likely than not that the defendant is liable
A trial without a jury, where a judge is a trier of fact and law, is called - Answer A bench
trial
When a party to a lawsuit for breach of contract files pleadings, they must conform to
which set of rules? - Answer The Rules of Civil Procedure
In the "deflategate" case involving Tom Brady, National Football League Management
Council v. Brady, the court ruled that the union negotiated arbitration award - Answer
Was enforceable because the arbitration proceeding and award met the minimum legal
standards.
During a murder trial, it is discovered that the father of the defendant is funneling money
to several of the jurors. Upon discovery of this what motion should be filed? - Answer
Motion to dismiss for mistrial
Sherry, a professional photographer, sues Brett for breach of contract when he failed to
pay her for pictures that she took for him. In which type of court of law would she file the
cause of action for breach of contract? - Answer Civil
During the pleadings stage, a third party may be brought into the trial by a defendant by
filing - Answer a cross-claim.
, Freebird Tire Company sold millions of faulty tires to SUV owners. At high rates of speed,
the tread on the tires falls off and causes the SUV to rollover, resulting in several deaths
and injuries due to such accidents. Since there are many plaintiffs and only one
defendant, this type of lawsuit may be filed - Answer Class Action lawsuit
If a civil trial results in a hung jury - Answer the litigants must start the process over and
conduct a trial with a new jury.
A cross-claim brings into a lawsuit a(n) - Answer Indispensable party
Generally, once a complaint is served, - Answer The defendant must answer it within the
time proscribed by court rules
The last time an attorney addresses a jury is during the - Answer closing argument.
Which of the following is not required in order to show standing to assert a claim? -
Answer The party must be a citizen or taxpayer eligible to use the U.S. court system.
Voir dire - Answer is the process of choosing a jury.
Which document initiates a lawsuit? - Answer A complaint
In the civil system, the term litigation refers to - Answer both the pretrial and the trial.
Adam backs his car into Micah's car, causing substantial damage. Enraged, Micah jumps
out of his car and physically attacks him. Micah sues Adam for the damage he caused to
his car. Adam files an answer to Micah's complaint with a __________ in which Adam also
sues Micah for the damages he caused him that arose out of the same incident. - Answer
Counterclaim
A complaint will contain each of the following except - Answer a statement of the
evidence that the plaintiff will produce and a list of potential witnesses to be called.
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