LES 305 1 Exam | Questions And Answers Latest {2024- 2025} A+ Graded | 100% Verified
When serving a defendant a complaint and summons, - 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 - 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 - A bench trial
When a party to a lawsuit for breach of contract files pleadings, they must conform to which set of
rules? - 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 - 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? - 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? - Civil
During the pleadings stage, a third party may be brought into the trial by a defendant by filing - 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 -
Class Action lawsuit
, If a civil trial results in a hung jury - the litigants must start the process over and conduct a trial with a
new jury.
A cross-claim brings into a lawsuit a(n) - Indispensable party
Generally, once a complaint is served, - The defendant must answer it within the time proscribed by
court rules
The last time an attorney addresses a jury is during the - closing argument.
Which of the following is not required in order to show standing to assert a claim? - The party must be a
citizen or taxpayer eligible to use the U.S. court system.
Voir dire - is the process of choosing a jury.
Which document initiates a lawsuit? - A complaint
In the civil system, the term litigation refers to - 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. - Counterclaim
A complaint will contain each of the following except - a statement of the evidence that the plaintiff will
produce and a list of potential witnesses to be called.
Which of the following is categorized as informal ADR? - negotiation
Statutory law is - Created by the legislative branch and approved by the executive branch.
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