Apply Brief Hypotheticals 3 PDF

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Lily has suffered severe injuries from a car accident. She would like to sue for compensation, but does not have enough funds on hand to retain an attorney on her own. What is the best type of fee arrangement for Lily? a. Contingency fee

b. Hourly fee

c. Administrative fee

d. Fixed fee

Hide Feedback Correct Solution Correct Response a

Vinny decides to sue Allison. To begin the suit, Vinny must file a complaint. Vinny's attorney argues in the complaint that the Connecticut Superior Court is the most appropriate court in which the case should be heard. Vinny's attorney is asserting: a. a motion for judgment n.o.v.

b. a statement indicating the key evidence behind the suit.

c. a motion for summary judgment.

d. a statement of the basis for the court’s jurisdiction.

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Correct Response d

Juan files a lawsuit against Liliana. Liliana responds to the complaint by filing an answer. After the pleadings are closed, Juan can file: a. a motion for judgment n.o.v.

b. a counterclaim.

c. a motion for judgment on the pleadings.

d. an affirmative defense.

Hide Feedback Correct Solution Correct Response c

In preparation for a trial between George and the ABC Corporation, ABC's attorney places George under oath and asks George questions that are recorded by a court reporter. This is known as: a. an interrogatory.

b. request for admissions.

c. voir dire.

d. a deposition.

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Correct Solution Correct Response d

Motor Sports, Inc., sues A-Z Speed. Motor Sports alleges that A-Z breached (failed to perform) a contract that required A-Z to sell ten Jet Skis to Motor Sports. Under the rules governing discovery, Motor Sports is most likely entitled to obtain: a. permission for Motor Sports’ president to personally inspect the contents of all of A-Z’s paper records and computer files.

b. physical examinations of key employees of A-Z.

c. access to the contents of A-Z’s top executives’ safe-deposit boxes.

d. documents in A-Z’s possession relating to the contract.

Hide Feedback Correct Solution Correct Response d

Karl sells Jason his house. After moving in, Jason learns that Karl failed to disclose serious defects in the house. Jason sues Karl. After the pretrial procedures are completed, the case enters the trial phase. The attorneys begin the process of voir dire. During voir dire: a. jurors are picked from a jury pool.

b. the attorneys view and discuss pretrial documents obtained during discovery.

c. the bailiff organizes the courtroom so that the trial can proceed in a proper fashion.

d. the attorneys determine the appropriate number of jurors.

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Stewart, a construction worker, fell from a beam and suffered serious injuries. He sued his employer, Sunrise Construction, for damages. In most jurisdictions, a court will first impose lighter sanctions but eventually will dismiss a case if a party shows blatant disregard for court orders. Over six years of pretrial motions, Stewart was repeatedly asked to provide the names of expert witnesses he intended to call for his case. Sunrise filed motions three times asking the court to compel Stewart to answer the questions. The trial court entered three orders to compel Stewart to answer and four orders allowing him extra time to answer. Stewart did not respond. Sunrise filed a motion to dismiss because of Stewart's failure to comply with the orders. What would the court most likely do? a. Refuse to dismiss the case because Stewart’s injuries were severe, which means he must be given the chance to litigate.

b. Dismiss the case because of Stewart’s refusal to provide information to Sunrise.

c. Refuse to dismiss the case because Sunrise had no right to Stewart’s medical records.

d. Dismiss the case even though Stewart had a good reason not to provide Sunrise with the information.

Hide Feedback Correct Solution Correct Response b

A Florida law provides that any person who “knowingly serves” a person “habitually addicted” to alcohol may be liable for an injury caused by the intoxication of that person. Hoag was driving while intoxicated when his car struck Sabo’s car. Sabo suffered injuries as a result. Before the accident, Hoag had consumed several drinks at Peoples Restaurant. Sabo sued Peoples Restaurant, alleging that the restaurant violated the statute. Peoples filed a motion for summary judgment, asking the court to grant a judgment in its favor without a trial because it had no knowledge of Hoag’s drinking habits. The court most likely: a. granted the motion for summary judgment because there were no questions of fact about Hoag’s drinking habits.

b. denied the motion for summary judgment unless Peoples produced evidence of Hoag’s drinking habits.

c. granted the motion for summary judgment unless Sabo produced evidence of Hoag’s drinking habits.

d. denied the motion for summary judgment because there were questions of fact about the restaurant’s knowledge of Hoag’s drinking habits that had to be determined by a trial.

Hide Feedback Correct Solution Correct Response d

Mason brought a civil rights action against his employer, the New York Department of Mental Hygiene, after it failed to promote him. His complaint stated that the department had discriminated against him by denying him "the authority, salary, and privileges commensurate with this position." The department filed a motion to dismiss for failure to state a claim for which relief could be granted. The court probably: a. dismissed the case because the complaint did not state a claim.

b. refused to dismiss the case because Mason had standing to sue.

c. dismissed the case because it lacked venue.

d. refused to dismiss the case because the complaint did state a claim.

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Dominic sues Gemalt, Inc. for negligence. At trial, Dominic testifies that he heard Francis, a manager at Gemalt, say that he thought Gemalt was acting carelessly. Dominic's testimony about Francis will most likely be: a. admitted as evidence because it is the testimony of the plaintiff.

b. not admitted as evidence because it is not relevant to the issues.

c. not admitted as evidence because it is hearsay.

d. admitted as evidence because the jury is able to evaluate all evidence witnesses wish to present.

Hide Feedback Correct Solution Correct Response c

Anna sues Whitney. While presenting her case, Anna’s attorney calls Whitney’s doctor to the witness stand. The questioning of this witness at this point in the trial is known as:

a. direct examination.

b. a request for admissions.

c. interrogation.

d. cross-examination.

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A trial between Shane and Verna results in a jury verdict in Shane's favor. After the jury renders its verdict, Verna's attorney can file a motion: a. for a new trial.

b. for a judgment on the pleading.

c. for summary judgment.

d. to dismiss the case.

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A judgment is entered against Michael in Anderson's case against him. Michael appeals to an intermediate appellate court, which agrees to review the case. On appeal, most appellate courts: a. remand the case for new trial.

b. modify trial court findings of fact.

c. reverse the trial court decision.

d. affirm trial court findings of fact.

Hide Feedback Correct Solution Correct Response d

While hospitalized at the Washoe Medical Center, Swisher fell out of bed and died. Her family sued Washoe. Judges are required to remain impartial and to provide a courtroom that promotes order and decorum. During voir dire at the trial, when the plaintiff’s attorney arrived late after a break, the trial judge led the prospective jurors in a standing ovation. The judge joked with one juror whom he had known in college and endorsed another juror’s business. The judge’s comments were made in the presence of the plaintiff and the defendant, their attorneys, and all prospective jurors. The jury found for Washoe. The plaintiff moved for a new trial, but the judge denied the motion. The plaintiff appealed, arguing that the tone set by the judge prejudiced the plaintiff’s right to a fair trial and violated Nevada’s Code of Judicial Conduct, which requires judicial neutrality. The appellate court most likely: a. held the Nevada judicial code unconstitutional.

b. held that the plaintiff’s attorney should have filed a motion for judgment on the pleadings.

c. held that the Nevada judicial code applied and ordered a new trial.

d. held that the Nevada judicial code did not apply and refused to order a new trial.

Hide Feedback Correct Solution Correct Response c

Maya prevails in her lawsuit against Anthony. Anthony can satisfy the judgment by: a. naming Maya as the beneficiary on a life insurance policy equal to the value of the judgment.

b. all of these choices are valid ways of satisfying the judgment.

c. cosigning a loan on behalf of Maya for at least the value of the judgment.

d. transferring property he owns directly to Maya or selling property he owns and using the proceeds to pay her.

Hide Feedback Correct Solution Correct Response d...