LEB 320F Unit 2 Quiz Trials, Source of Law, Exam Questions and Answers
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Course
LEB 320F
Institution
LEB 320F
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 ...
LEB 320F Unit 2 Quiz Trials, Source of
Law, 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.
, 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 in
the answer. Furthermore, not all jurisdictions make any counterclaims compulsory. Non-
compulsory counterclaims, also known as permissive counterclaims, may be brought as
separate suits.
Which of the following is not a popular method of ADR?
a. arbitration
b. negotiated settlement
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