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BYU ACC 241 Cummings Exam 1|106 Questions with Verified Answers,100% CORRECT
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BYU ACC 241 Cummings Exam 1|106 Questions with Verified Answers
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BYU ACC 241 Cummings Exam 1|106 Questions withVerified Answers
1. A court has jurisdiction over - CORRECT ANSWER Always for residents or local
property, corporations where their nerve centers are,
2. long arm jurisdiction - CORRECT ANSWER can reach in (the more systematic
and continuous, the more likely personal jurisdiction if over land then in district of
geographical dispute.)
2. The State Court Systems two pairs and the highest - CORRECT ANSWER (a.
limited jurisdiction decides specific cases b general jurisdiction decides anything,
C original/trial courts Appellate courts for errors of law d state supreme court)
3. Negotiation, Mediation Arbitration - CORRECT ANSWER 43, informal working it
out, mediation iswith a third party and work it out, arbitration is with third party
deciding. (can hurt relationship)
6. Appellate court of general jurisdiction, limited courts small claims courts know
order - CORRECT ANSWER
If appellate court makes decision it is binding in courts below and persuasive
horizontally - CORRECT ANSWER
7. writi of certiori - CORRECT ANSWER is the supreme court 4 justices bring it to
supreme
7.. Stages of Litigation - CORRECT ANSWER three stages pretrial p63, trial,
posttrial learn
Components of pleadings (4 types 4 components a fact and 2 defenitions) -
CORRECT ANSWER The Pleadings (complaint, answer, counterclaim, reply)
jurisdiction, facts, causes of action and remedy- in claim and counterclaim
, (equitable remedy isn't always money (injunctions (stop something) recisions
(end contract) performance) Legal remedy is for money) (pg 63)
9. Dismissals and Judgments - CORRECT ANSWER Before Trial. motion for
judgement on the pleadings. No evidence only admissions and denials. If both line
up judgement granted. Summary judgement all evidence looked at- no issue of
material fact one of the parties entitled to judgement as a matter of law.
Judgement on the pleadings - CORRECT ANSWER no dispute of fact or pleading no
evidence looked at
Summary judgement - CORRECT ANSWER all evidence looked at, no issue of fact
10. Discovery - CORRECT ANSWER prevent surprise, narrow issues for trial,
(depositions are sworn live testimony, interrogatories are written questions under
oath, requests for admissions requests for documents or objects and request for
examinations.
Interrogatories - CORRECT ANSWER written questions under oath
Depositions - CORRECT ANSWER sworn live testimony
Request for admissions - CORRECT ANSWER request for documents or objects and
request for examinations
11. Motion for Judgment N.O.V. Motion for judgement NOV - CORRECT ANSWER
no other fact finder with the same evidence could have found the way the jury
did)
12. Transferred intent - CORRECT ANSWER trying to hurt one but hurt another still
liable
14. Assault in IT - CORRECT ANSWER Intentional and unexcused threat of
offensive or harmful contact (reasonable apprehension of imminent harm)
15. Battery in IT - CORRECT ANSWER Unexcused harmful or offensive contact
intentionally performed
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