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1. Which of the underlying motions, if any, is made at trial and, if.pdf

1. Where might you find inspiration to research a problem, or where might you find research problems to explore? In essence, where do research problems come from? Solution Research problems come from various personal and professonal experinces. This is generally related to the areas we are interested in. We come across many problems in our day to day situation. Sometimes we want to do a deep analysis and study of some problems to answer them. This is how research problems are formed..

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1. Which of the underlying motions, if any, is made at trial and, if successful, basically "takes
the case away from the jury" and results in the judge deciding the case? (Points : 1) The
motion to dismiss
The motion for a new trial
The motion for summary judgment
The motion for a directed verdict
None of the aboveQuestion 2.2. Identify which resources are available during the discovery
phase of the lawsuit. (Points : 1) Depositions
Interrogatories
Requests for Documents
All of the aboveQuestion 3.3. Which one of the underlying pleadings states the plaintiff's
claim in separate numbered paragraphs? (Points : 1) The answer
The complaint
The reply
A demurrer
None of the aboveQuestion 4.4. Plaintiff sues Defendant for breach of contract. In her
answer, the Defendant claims, among other things, that she should not be liable as she only
entered into the contract because the Plaintiff defrauded her. This assertion is called an
affirmative defense. (Points : 1) True
FalseQuestion 5.5. Interrogatories are a form of discovery requiring a party (either the
Plaintiff or Defendant) to file written answers - under penalty of perjury - to questions submitted
to him. (Points : 1) True
FalseQuestion 6.6. The losing party usually can appeal a trial court's decision to grant a
motion for a directed verdict. (Points : 1) True
FalseQuestion 7.7. Plaintiff and Defendant were classmates who sat next to each other.
Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad
breath" and that the condition polluted the classroom environment making it difficult to
concentrate and learn. Has the plaintiff stated a valid cause of action? (Points : 1) Yes
NoQuestion 8.8. The very first pleading that is filed in a lawsuit is filed by the: (Points : 1)
Plaintiff or her lawyer
Defendant or her lawyer
Judge or her clerk
None of the aboveQuestion 9.9. A proper definition of proof by a preponderance of the
evidence is: (Points : 1) A. The Plaintiff must convince the fact finder that the existence of
each factual element is more probable than its nonexistence
B. The Plaintiff must convince the fact finder that the existence of each factual element is
beyond a moral certainty
C. The Defendant must convince the fact finder that the existence of each factual element is
beyond a moral certainty
D. A and B
E. None of the aboveQuestion 10.10. Appellate courts generally determine two things: If the
trial judge correctly applied the law and if the jury was correct in believing the witnesses who
testified. (Points : 1) True
FalseQuestion 11.11. In any lawsuit a factual dispute will: (Points : 1) Always exist
Never exist
Sometimes exist
None of the aboveQuestion 12.12. In a civil lawsuit, a Plaintiff normally must prove each
element of her case: (Points : 1) By clear and convincing evidence
By a preponderance of the evidence
Beyond a reasonable doubt
By a practical tendencyQuestion 13.13. A motion for a new trial: (Points : 1) Occurs
after an unfavorable judgment or jury verdict
Is made by the party against whom the judgment or verdict was handed down
Will result in a new trial if the moving party prevails
All of the aboveQuestion 14.14. State appellate courts review the trial court record to
determine whether the jury or judge (if the trial was a court trial) correctly decided the facts.
(Points : 1) True
FalseQuestion 15.15. Which of the following comes last in the course of a civil lawsuit?
(Points : 1) The trial
The discovery
The verdict
The appealQuestion 16.16. One of the primary purposes of the pretrial conference - in a
civil case - is: (Points : 1) A. For the judge to get the parties to stipulate to certain issues to
simplify the trial
B. For the judge to get attorneys to encourage their clients to settle the case
C. For the judge to get the defendant to plead guilty to the crime
D. Both A and B
E. None of the aboveQuestion 17.17. The actual trial: (Points : 1) May occur before a
judge without a jury
May occur before a jury with a judge presiding
May not necessarily result in a verdict being rendered
All of the aboveQuestion 18.18. Depositions are: (Points : 1) Signed and sworn
statements regarding matters of fact
Documentary evidence introduced at trial
A form of discovery involving oral testimony and statements
Written statements made during arbitrationQuestion 19.19. Which of the following comes
earliest in the course of a civil trial? (Points : 1) The motion for summary judgment
The motion for judgment notwithstanding the verdict
The motion for a directed verdict
The motion for a new trialQuestion 20.20. One difference between arbitration and
mediation is that the arbitrator's decision can be binding on the parties and the mediator's
cannot. (Points : 1) True
False1. Which of the underlying motions, if any, is made at trial and, if successful,
basically "takes the case away from the jury" and results in the judge deciding the case?
(Points : 1) The motion to dismiss
The motion for a new trial
The motion for summary judgment
The motion for a directed verdict
None of the aboveQuestion 2.2. Identify which resources are available during the
discovery phase of the lawsuit. (Points : 1) Depositions
Interrogatories
Requests for Documents
All of the aboveQuestion 3.3. Which one of the underlying pleadings states the plaintiff's
claim in separate numbered paragraphs? (Points : 1) The answer
The complaint
The reply
A demurrer
None of the aboveQuestion 4.4. Plaintiff sues Defendant for breach of contract. In her
answer, the Defendant claims, among other things, that she should not be liable as she only
entered into the contract because the Plaintiff defrauded her. This assertion is called an
affirmative defense. (Points : 1) True
FalseQuestion 5.5. Interrogatories are a form of discovery requiring a party (either the
Plaintiff or Defendant) to file written answers - under penalty of perjury - to questions
submitted to him. (Points : 1) True
FalseQuestion 6.6. The losing party usually can appeal a trial court's decision to grant a
motion for a directed verdict. (Points : 1) True
FalseQuestion 7.7. Plaintiff and Defendant were classmates who sat next to each other.
Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad
breath" and that the condition polluted the classroom environment making it difficult to
concentrate and learn. Has the plaintiff stated a valid cause of action? (Points : 1) Yes
NoQuestion 8.8. The very first pleading that is filed in a lawsuit is filed by the: (Points : 1)
Plaintiff or her lawyer
Defendant or her lawyer
Judge or her clerk
None of the aboveQuestion 9.9. A proper definition of proof by a preponderance of the
evidence is: (Points : 1) A. The Plaintiff must convince the fact finder that the existence of
each factual element is more probable than its nonexistence
B. The Plaintiff must convince the fact finder that the existence of each factual element is
beyond a moral certainty
C. The Defendant must convince the fact finder that the existence of each factual element
is beyond a moral certainty
D. A and B
E. None of the aboveQuestion 10.10. Appellate courts generally determine two things: If
the trial judge correctly applied the law and if the jury was correct in believing the witnesses
who testified. (Points : 1) True
FalseQuestion 11.11. In any lawsuit a factual dispute will: (Points : 1) Always exist
Never exist
Sometimes exist
None of the aboveQuestion 12.12. In a civil lawsuit, a Plaintiff normally must prove each
element of her case: (Points : 1) By clear and convincing evidence
By a preponderance of the evidence
Beyond a reasonable doubt
By a practical tendencyQuestion 13.13. A motion for a new trial: (Points : 1) Occurs
after an unfavorable judgment or jury verdict
Is made by the party against whom the judgment or verdict was handed down
Will result in a new trial if the moving party prevails
All of the aboveQuestion 14.14. State appellate courts review the trial court record to
determine whether the jury or judge (if the trial was a court trial) correctly decided the facts.
(Points : 1) True
FalseQuestion 15.15. Which of the following comes last in the course of a civil lawsuit?
(Points : 1) The trial
The discovery
The verdict
The appealQuestion 16.16. One of the primary purposes of the pretrial conference - in a
civil case - is: (Points : 1) A. For the judge to get the parties to stipulate to certain issues to
simplify the trial
B. For the judge to get attorneys to encourage their clients to settle the case
C. For the judge to get the defendant to plead guilty to the crime
D. Both A and B
E. None of the aboveQuestion 17.17. The actual trial: (Points : 1) May occur before a
judge without a jury
May occur before a jury with a judge presiding
May not necessarily result in a verdict being rendered
All of the aboveQuestion 18.18. Depositions are: (Points : 1) Signed and sworn
statements regarding matters of fact
Documentary evidence introduced at trial
A form of discovery involving oral testimony and statements
Written statements made during arbitrationQuestion 19.19. Which of the following comes
earliest in the course of a civil trial? (Points : 1) The motion for summary judgment
The motion for judgment notwithstanding the verdict
The motion for a directed verdict
The motion for a new trialQuestion 20.20. One difference between arbitration and
mediation is that the arbitrator's decision can be binding on the parties and the mediator's
cannot. (Points : 1) True
False
Solution
1 d. The motion for a directed verdict.
=====================================================================
==============Question 2 Identify which resources are available during the discovery phase
of the lawsuit. (Points : 1)
A: All of the above
=====================================================================
==============
The complaint
=====================================================================
==============
True
=====================================================================
=============
True
=====================================================================
==============
True
=====================================================================
=============
Question 7 Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a
lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the
condition polluted the classroom environment making it difficult to concentrate and learn.
Plaintiff's cause of action is a valid one and will withstand a demurrer. (Points : 1)
A: False
=====================================================================
=
Plaintiff or her lawyer
-----------------=============================
.9 A proper definition of proof by a preponderance of the evidence is: (Points : 1)
A: The plaintiff must convince the fact finder that the existence of each factual element is more
probable than its nonexistence
=====================================================================
============
=Question 3.3. Which one of the underlying pleadings states the plaintiff's claim in separate
numbered paragraphs?

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1. Which of the underlying motions, if any, is made at trial and, if.pdf

  • 1. 1. Which of the underlying motions, if any, is made at trial and, if successful, basically "takes the case away from the jury" and results in the judge deciding the case? (Points : 1) The motion to dismiss The motion for a new trial The motion for summary judgment The motion for a directed verdict None of the aboveQuestion 2.2. Identify which resources are available during the discovery phase of the lawsuit. (Points : 1) Depositions Interrogatories Requests for Documents All of the aboveQuestion 3.3. Which one of the underlying pleadings states the plaintiff's claim in separate numbered paragraphs? (Points : 1) The answer The complaint The reply A demurrer None of the aboveQuestion 4.4. Plaintiff sues Defendant for breach of contract. In her answer, the Defendant claims, among other things, that she should not be liable as she only entered into the contract because the Plaintiff defrauded her. This assertion is called an affirmative defense. (Points : 1) True FalseQuestion 5.5. Interrogatories are a form of discovery requiring a party (either the Plaintiff or Defendant) to file written answers - under penalty of perjury - to questions submitted to him. (Points : 1) True FalseQuestion 6.6. The losing party usually can appeal a trial court's decision to grant a motion for a directed verdict. (Points : 1) True FalseQuestion 7.7. Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Has the plaintiff stated a valid cause of action? (Points : 1) Yes NoQuestion 8.8. The very first pleading that is filed in a lawsuit is filed by the: (Points : 1) Plaintiff or her lawyer Defendant or her lawyer Judge or her clerk None of the aboveQuestion 9.9. A proper definition of proof by a preponderance of the evidence is: (Points : 1) A. The Plaintiff must convince the fact finder that the existence of each factual element is more probable than its nonexistence
  • 2. B. The Plaintiff must convince the fact finder that the existence of each factual element is beyond a moral certainty C. The Defendant must convince the fact finder that the existence of each factual element is beyond a moral certainty D. A and B E. None of the aboveQuestion 10.10. Appellate courts generally determine two things: If the trial judge correctly applied the law and if the jury was correct in believing the witnesses who testified. (Points : 1) True FalseQuestion 11.11. In any lawsuit a factual dispute will: (Points : 1) Always exist Never exist Sometimes exist None of the aboveQuestion 12.12. In a civil lawsuit, a Plaintiff normally must prove each element of her case: (Points : 1) By clear and convincing evidence By a preponderance of the evidence Beyond a reasonable doubt By a practical tendencyQuestion 13.13. A motion for a new trial: (Points : 1) Occurs after an unfavorable judgment or jury verdict Is made by the party against whom the judgment or verdict was handed down Will result in a new trial if the moving party prevails All of the aboveQuestion 14.14. State appellate courts review the trial court record to determine whether the jury or judge (if the trial was a court trial) correctly decided the facts. (Points : 1) True FalseQuestion 15.15. Which of the following comes last in the course of a civil lawsuit? (Points : 1) The trial The discovery The verdict The appealQuestion 16.16. One of the primary purposes of the pretrial conference - in a civil case - is: (Points : 1) A. For the judge to get the parties to stipulate to certain issues to simplify the trial B. For the judge to get attorneys to encourage their clients to settle the case C. For the judge to get the defendant to plead guilty to the crime D. Both A and B E. None of the aboveQuestion 17.17. The actual trial: (Points : 1) May occur before a judge without a jury May occur before a jury with a judge presiding May not necessarily result in a verdict being rendered
  • 3. All of the aboveQuestion 18.18. Depositions are: (Points : 1) Signed and sworn statements regarding matters of fact Documentary evidence introduced at trial A form of discovery involving oral testimony and statements Written statements made during arbitrationQuestion 19.19. Which of the following comes earliest in the course of a civil trial? (Points : 1) The motion for summary judgment The motion for judgment notwithstanding the verdict The motion for a directed verdict The motion for a new trialQuestion 20.20. One difference between arbitration and mediation is that the arbitrator's decision can be binding on the parties and the mediator's cannot. (Points : 1) True False1. Which of the underlying motions, if any, is made at trial and, if successful, basically "takes the case away from the jury" and results in the judge deciding the case? (Points : 1) The motion to dismiss The motion for a new trial The motion for summary judgment The motion for a directed verdict None of the aboveQuestion 2.2. Identify which resources are available during the discovery phase of the lawsuit. (Points : 1) Depositions Interrogatories Requests for Documents All of the aboveQuestion 3.3. Which one of the underlying pleadings states the plaintiff's claim in separate numbered paragraphs? (Points : 1) The answer The complaint The reply A demurrer None of the aboveQuestion 4.4. Plaintiff sues Defendant for breach of contract. In her answer, the Defendant claims, among other things, that she should not be liable as she only entered into the contract because the Plaintiff defrauded her. This assertion is called an affirmative defense. (Points : 1) True FalseQuestion 5.5. Interrogatories are a form of discovery requiring a party (either the Plaintiff or Defendant) to file written answers - under penalty of perjury - to questions submitted to him. (Points : 1) True FalseQuestion 6.6. The losing party usually can appeal a trial court's decision to grant a motion for a directed verdict. (Points : 1) True FalseQuestion 7.7. Plaintiff and Defendant were classmates who sat next to each other.
  • 4. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Has the plaintiff stated a valid cause of action? (Points : 1) Yes NoQuestion 8.8. The very first pleading that is filed in a lawsuit is filed by the: (Points : 1) Plaintiff or her lawyer Defendant or her lawyer Judge or her clerk None of the aboveQuestion 9.9. A proper definition of proof by a preponderance of the evidence is: (Points : 1) A. The Plaintiff must convince the fact finder that the existence of each factual element is more probable than its nonexistence B. The Plaintiff must convince the fact finder that the existence of each factual element is beyond a moral certainty C. The Defendant must convince the fact finder that the existence of each factual element is beyond a moral certainty D. A and B E. None of the aboveQuestion 10.10. Appellate courts generally determine two things: If the trial judge correctly applied the law and if the jury was correct in believing the witnesses who testified. (Points : 1) True FalseQuestion 11.11. In any lawsuit a factual dispute will: (Points : 1) Always exist Never exist Sometimes exist None of the aboveQuestion 12.12. In a civil lawsuit, a Plaintiff normally must prove each element of her case: (Points : 1) By clear and convincing evidence By a preponderance of the evidence Beyond a reasonable doubt By a practical tendencyQuestion 13.13. A motion for a new trial: (Points : 1) Occurs after an unfavorable judgment or jury verdict Is made by the party against whom the judgment or verdict was handed down Will result in a new trial if the moving party prevails All of the aboveQuestion 14.14. State appellate courts review the trial court record to determine whether the jury or judge (if the trial was a court trial) correctly decided the facts. (Points : 1) True FalseQuestion 15.15. Which of the following comes last in the course of a civil lawsuit? (Points : 1) The trial The discovery The verdict
  • 5. The appealQuestion 16.16. One of the primary purposes of the pretrial conference - in a civil case - is: (Points : 1) A. For the judge to get the parties to stipulate to certain issues to simplify the trial B. For the judge to get attorneys to encourage their clients to settle the case C. For the judge to get the defendant to plead guilty to the crime D. Both A and B E. None of the aboveQuestion 17.17. The actual trial: (Points : 1) May occur before a judge without a jury May occur before a jury with a judge presiding May not necessarily result in a verdict being rendered All of the aboveQuestion 18.18. Depositions are: (Points : 1) Signed and sworn statements regarding matters of fact Documentary evidence introduced at trial A form of discovery involving oral testimony and statements Written statements made during arbitrationQuestion 19.19. Which of the following comes earliest in the course of a civil trial? (Points : 1) The motion for summary judgment The motion for judgment notwithstanding the verdict The motion for a directed verdict The motion for a new trialQuestion 20.20. One difference between arbitration and mediation is that the arbitrator's decision can be binding on the parties and the mediator's cannot. (Points : 1) True False Solution 1 d. The motion for a directed verdict. ===================================================================== ==============Question 2 Identify which resources are available during the discovery phase of the lawsuit. (Points : 1) A: All of the above ===================================================================== ============== The complaint =====================================================================
  • 6. ============== True ===================================================================== ============= True ===================================================================== ============== True ===================================================================== ============= Question 7 Plaintiff and Defendant were classmates who sat next to each other. Plaintiff filed a lawsuit against Defendant alleging that Defendant had "offensive and bad breath" and that the condition polluted the classroom environment making it difficult to concentrate and learn. Plaintiff's cause of action is a valid one and will withstand a demurrer. (Points : 1) A: False ===================================================================== = Plaintiff or her lawyer -----------------============================= .9 A proper definition of proof by a preponderance of the evidence is: (Points : 1) A: The plaintiff must convince the fact finder that the existence of each factual element is more probable than its nonexistence ===================================================================== ============ =Question 3.3. Which one of the underlying pleadings states the plaintiff's claim in separate numbered paragraphs?