LEB 320F Unit 2 Exam Questions and
Answers
If 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.
Answers
If 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.
