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LEB 320F Unit 2 Quiz Trials, Source of Law, and Alternative – Questions and Answers
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LEB 320F Unit 2 Quiz Trials, Source of Law, and Alternative – Questions and Answers
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LEB 320F Unit 2 Quiz: Trials, Source of Law, and Alternative – Questions and AnswersIf a defendant fails to respond to a complaint within a certain amount of time (generally 20 days), a default judgment can be granted against the defendant and the plaintiff wins
by default - Answer -true. If the defendant does not reply in a timely matter, the plaintiff automatically wins by means of a default judgment against the defendant.
If a plaintiff presents enough evidence to create a "genuine issue of material fact" following discovery, a judge should not grant summary judgment against that party - Answer -true. Summary judgment can only be granted against a plaintiff when the defendant successfully shows that there is no genuine issue of material fact, that is, that
there is no dispute regarding evidence that may allow for the possibility of the plaintiff to win the suit on that particular claim
The adversarial judicial system tends to put more cost in the private sector while the inquisitorial system tends to put more cost in the public sector - Answer -true. Because the adversarial system requires that the lawyers do the majority of the investigation and research, it tends to cost more for the private sector. The inquisitorial system requires much more out of the judges and, therefore, costs more for the public sector
An attorney generally cannot ever ask leading questions of a witness - Answer -false. Although an attorney is not allowed to lead the witness during direct examination, an attorney is allowed to lead the witness if it is an adverse witness
It is generally easier for a plaintiff to win on summary judgment than a defendant. - Answer -false. A defendant moving for summary judgment only needs to prove that there is no genuine issue of material fact while a plaintiff must produce evidence strong enough to prove all elements of the claim, the defendant failed to present evidence that creates any doubt about any elements of the claim, and the defendant has failed to present evidence sufficient to create a genuine issue regarding an affirmative defense.
Precedent set by other states (such as Oklahoma) is mandatory authority which a Texas state court must follow. - Answer -false. A court does not have to follow the precedent from a higher court if the higher court is not directly above it. This means that Texas courts do not have to follow Oklahoma precedent, even if it is the Supreme Court
of Oklahoma. A judge who fails to follow precedent set by a higher court will lose his or her position. - Answer -false. There is no direct punishment for failing to follow precedent set by a higher court. It is, though, likely that the judge's opinion will be reversed.
AJ buys a car from Aaron. The car AJ buys breaks down the first day, so AJ sues Aaron. Because of the car breaking down, AJ has failed to make payments on the car. In most states, Aaron's suit against AJ must be brought as a compulsory counterclaim, or else it he will lose the ability to pursue the claim - Answer -true. Because Aaron's claim against AJ arises out of the same set of circumstances, it is a compulsory counterclaim. Compulsory counterclaims which are not brought in an answer are generally waived.
All judges in a panel for a circuit court must agree on the outcome of the case and the reasoning used to justify the outcome - Answer -false. If a judge does not agree with the
majority of the case, he can write a concurrence if he disagrees with the reasoning and agrees with the outcome, or a dissent if he disagrees with the outcome.
The rules of evidence apply even if there is no jury. - Answer -true. The rules of evidence apply whether the judge or the jury is the fact finder in a given case.
A court will generally consider the textual context of a statute when attempting to determine the meaning of an ambiguous statute, prior to taking into account the circumstantial context of the passing of the statute. - Answer -true. Courts often consider the textual context of a statute when trying to interpret the meaning of the statute prior to considering the circumstantial context of when the statute was passed
One of the disadvantages of arbitration is that it is not legally binding - Answer -false. Under the Federal Arbitration Act, all written commercial arbitration agreements and arbitrator awards are legally enforceable if the underlying business transaction affected interstate commerce. Even in instances where the underlying business transactions do not affect interstate commerce, state arbitration statutes in every state usually make the arbitration agreement and award enforceable
A party may file for a motion for judgment notwithstanding the verdict (also known as a J.N.O.V.) only prior to filing an answer. - Answer -false. A J.N.O.V. or JMOL (judgment as a matter of law) may only be filed following a jury verdict. A motion to dismiss is filed prior to filing an answer.
Mediation is required before parties go to trial in all jurisdictions - Answer -false. Some jurisdictions have court-annexed mediation and require mediation prior to trial, but many
do not.
All claims a defendant has against a plaintiff must be raised as a counterclaim in the answer. - Answer -false. Only compulsory counterclaims, that is, counterclaims that arise out of the same set of circumstances that led to the plaintiff's claim, must be raised
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