MGMT 402 Exam 3 QUESTIONS WITH |\ |\ |\ |\ |\ |\
ANSWERS
14th Amendment - CORRECT ANSWERS ✔✔guarantees "equal
|\ |\ |\ |\ |\ |\ |\
protection of the laws" to all people, including business entities,
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
and applies to all federal, state, and local government actions
|\ |\ |\ |\ |\ |\ |\ |\ |\
5th and 14th Amendments provide that - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔"No person shall be...deprived of life, liberty, or property,
|\ |\ |\ |\ |\ |\ |\ |\ |\
without due process of law." |\ |\ |\ |\
Pretrial Litigation Process - CORRECT ANSWERS ✔✔1. pleadings
|\ |\ |\ |\ |\ |\ |\ |\
(complaint (service of process, default judgement) answer, |\ |\ |\ |\ |\ |\ |\
counterclaim)
2. discovery
|\
service of process - CORRECT ANSWERS ✔✔the delivery of a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
complaint to the defendant (has to be in person) |\ |\ |\ |\ |\ |\ |\ |\
default judgement - CORRECT ANSWERS ✔✔a judgement in favor
|\ |\ |\ |\ |\ |\ |\ |\
of the plaintiff entered by a court against a defendant who has
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
failed to respond to the plaintiffs complaint (usually granting the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
plaintiff everything it asked for in the complaint)
|\ |\ |\ |\ |\ |\ |\
answer and counterclaim - CORRECT ANSWERS ✔✔defendant
|\ |\ |\ |\ |\ |\ |\
files an answer responding to the plaintiff's allegations and may
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
also file a counterclaim if they think the plaintiff was at fault
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
,What are the pleadings? - CORRECT ANSWERS ✔✔The complaint,
|\ |\ |\ |\ |\ |\ |\ |\
answer, counterclaim, and other additional documents are
|\ |\ |\ |\ |\ |\ |\ |\
collectively known as the pleadings |\ |\ |\ |\
Types of discovery - CORRECT ANSWERS ✔✔- depositions
|\ |\ |\ |\ |\ |\ |\
- requests to produce
|\ |\ |\
- interrogatories
|\
- requests to admit
|\ |\ |\ |\
- mental or physical examinations
|\ |\ |\ |\
depositions - CORRECT ANSWERS ✔✔- almost the same thing as |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
a witness testifying during a trial
|\ |\ |\ |\ |\
- someone with information about the case (typically a witnesses)
|\ |\ |\ |\ |\ |\ |\ |\ |\
sits down with attorney's from both sides and a court reporter,
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
who types everything said during the meeting
|\ |\ |\ |\ |\ |\
- The deponent, the person who is having a deposition taken, is
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
placed under oath and the attorneys are free to ask questions
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
about the deponents role in the dispute (even questions they
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
wouldn't be allowed to ask during a trial)
|\ |\ |\ |\ |\ |\ |\
- A deposition is not evidence to be presented at a trial
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
requests to produce - CORRECT ANSWERS ✔✔a request from 1
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
party for the other party to turn over copies of relevant
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
documents in its possession |\ |\ |\
,Interrogatories - CORRECT ANSWERS ✔✔simply written questions |\ |\ |\ |\ |\ |\ |\
one side asks the other, almost always both prepared by the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
parties' lawyers in consultation with their clients
|\ |\ |\ |\ |\ |\
requests to admit - CORRECT ANSWERS ✔✔- nothing more than a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
series of factual statements and the receiving party must
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
respond to each statement and either admit or deny it
|\ |\ |\ |\ |\ |\ |\ |\ |\
- similar to interrogatories in that its just a written request that's
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
usually prepared by the attorney's in consultation with their
|\ |\ |\ |\ |\ |\ |\ |\ |\
clients
mental or physical examinations - CORRECT ANSWERS ✔✔When
|\ |\ |\ |\ |\ |\ |\ |\
the evidence that will be presented at the trial is a physical
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
object or a person, the other side has the right to have its own
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
experts examine the object or person
|\ |\ |\ |\ |\
witnesses can be impeached when? - CORRECT ANSWERS ✔✔If a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
deponent is called as a witness and their testimony does not
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
match what they said during the deposition
|\ |\ |\ |\ |\ |\
flow of a lawsuit through the courts - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔complaint --> service of process --> answer and/or |\ |\ |\ |\ |\ |\ |\ |\
counterclaim --> discovery --> trial --> appeal (if applicable) |\ |\ |\ |\ |\ |\ |\ |\
motion - CORRECT ANSWERS ✔✔- nothing more than 1 party
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
(and sometimes both parties) asking the court for something
|\ |\ |\ |\ |\ |\ |\ |\
- happen at every phase of a lawsuit
|\ |\ |\ |\ |\ |\ |\ |\
, - generally pertain to the procedural aspects of a lawsuit (what
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
happens when and how) and not substantive issues in the case
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
(such as how much damages 1 party should pay to another)
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
motion for summary judgement - CORRECT ANSWERS ✔✔a
|\ |\ |\ |\ |\ |\ |\ |\
motion stating that there is no dispute as to the relevant facts of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
the case and asking the court to award a judgement in favor of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
one party without the need for a trial
|\ |\ |\ |\ |\ |\ |\
motion for judgement on the pleadings - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔- admits that the parties might not agree on the facts, but
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
asserts that even if the other sides facts were all true, it would
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
still lose the case
|\ |\ |\
- If the judge agrees, then the motion can be granted, and one
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
party will win without needing to hold a trial
|\ |\ |\ |\ |\ |\ |\ |\
Trials - CORRECT ANSWERS ✔✔Pretrial hearing --> Jury selection
|\ |\ |\ |\ |\ |\ |\ |\
--> Opening statements --> Cases-in-chief --> Rebuttal -->
|\ |\ |\ |\ |\ |\ |\ |\ |\
Closing arguments --> Jury instructions and verdict --> Judgment
|\ |\ |\ |\ |\ |\ |\ |\
Bench Trial - CORRECT ANSWERS ✔✔the judge performs the role
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
that a jury would normally have: choosing which sides factual
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
allegations are more believable |\ |\ |\
Pretrial Hearing - CORRECT ANSWERS ✔✔- Shortly before the
|\ |\ |\ |\ |\ |\ |\ |\ |\
start of a trial, the court will hold one final pretrial hearing, often
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
called a settlement conference |\ |\ |\
ANSWERS
14th Amendment - CORRECT ANSWERS ✔✔guarantees "equal
|\ |\ |\ |\ |\ |\ |\
protection of the laws" to all people, including business entities,
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
and applies to all federal, state, and local government actions
|\ |\ |\ |\ |\ |\ |\ |\ |\
5th and 14th Amendments provide that - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔"No person shall be...deprived of life, liberty, or property,
|\ |\ |\ |\ |\ |\ |\ |\ |\
without due process of law." |\ |\ |\ |\
Pretrial Litigation Process - CORRECT ANSWERS ✔✔1. pleadings
|\ |\ |\ |\ |\ |\ |\ |\
(complaint (service of process, default judgement) answer, |\ |\ |\ |\ |\ |\ |\
counterclaim)
2. discovery
|\
service of process - CORRECT ANSWERS ✔✔the delivery of a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
complaint to the defendant (has to be in person) |\ |\ |\ |\ |\ |\ |\ |\
default judgement - CORRECT ANSWERS ✔✔a judgement in favor
|\ |\ |\ |\ |\ |\ |\ |\
of the plaintiff entered by a court against a defendant who has
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
failed to respond to the plaintiffs complaint (usually granting the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
plaintiff everything it asked for in the complaint)
|\ |\ |\ |\ |\ |\ |\
answer and counterclaim - CORRECT ANSWERS ✔✔defendant
|\ |\ |\ |\ |\ |\ |\
files an answer responding to the plaintiff's allegations and may
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
also file a counterclaim if they think the plaintiff was at fault
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
,What are the pleadings? - CORRECT ANSWERS ✔✔The complaint,
|\ |\ |\ |\ |\ |\ |\ |\
answer, counterclaim, and other additional documents are
|\ |\ |\ |\ |\ |\ |\ |\
collectively known as the pleadings |\ |\ |\ |\
Types of discovery - CORRECT ANSWERS ✔✔- depositions
|\ |\ |\ |\ |\ |\ |\
- requests to produce
|\ |\ |\
- interrogatories
|\
- requests to admit
|\ |\ |\ |\
- mental or physical examinations
|\ |\ |\ |\
depositions - CORRECT ANSWERS ✔✔- almost the same thing as |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
a witness testifying during a trial
|\ |\ |\ |\ |\
- someone with information about the case (typically a witnesses)
|\ |\ |\ |\ |\ |\ |\ |\ |\
sits down with attorney's from both sides and a court reporter,
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
who types everything said during the meeting
|\ |\ |\ |\ |\ |\
- The deponent, the person who is having a deposition taken, is
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
placed under oath and the attorneys are free to ask questions
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
about the deponents role in the dispute (even questions they
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
wouldn't be allowed to ask during a trial)
|\ |\ |\ |\ |\ |\ |\
- A deposition is not evidence to be presented at a trial
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
requests to produce - CORRECT ANSWERS ✔✔a request from 1
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
party for the other party to turn over copies of relevant
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
documents in its possession |\ |\ |\
,Interrogatories - CORRECT ANSWERS ✔✔simply written questions |\ |\ |\ |\ |\ |\ |\
one side asks the other, almost always both prepared by the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
parties' lawyers in consultation with their clients
|\ |\ |\ |\ |\ |\
requests to admit - CORRECT ANSWERS ✔✔- nothing more than a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
series of factual statements and the receiving party must
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
respond to each statement and either admit or deny it
|\ |\ |\ |\ |\ |\ |\ |\ |\
- similar to interrogatories in that its just a written request that's
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
usually prepared by the attorney's in consultation with their
|\ |\ |\ |\ |\ |\ |\ |\ |\
clients
mental or physical examinations - CORRECT ANSWERS ✔✔When
|\ |\ |\ |\ |\ |\ |\ |\
the evidence that will be presented at the trial is a physical
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
object or a person, the other side has the right to have its own
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
experts examine the object or person
|\ |\ |\ |\ |\
witnesses can be impeached when? - CORRECT ANSWERS ✔✔If a
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
deponent is called as a witness and their testimony does not
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
match what they said during the deposition
|\ |\ |\ |\ |\ |\
flow of a lawsuit through the courts - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔complaint --> service of process --> answer and/or |\ |\ |\ |\ |\ |\ |\ |\
counterclaim --> discovery --> trial --> appeal (if applicable) |\ |\ |\ |\ |\ |\ |\ |\
motion - CORRECT ANSWERS ✔✔- nothing more than 1 party
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
(and sometimes both parties) asking the court for something
|\ |\ |\ |\ |\ |\ |\ |\
- happen at every phase of a lawsuit
|\ |\ |\ |\ |\ |\ |\ |\
, - generally pertain to the procedural aspects of a lawsuit (what
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
happens when and how) and not substantive issues in the case
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
(such as how much damages 1 party should pay to another)
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
motion for summary judgement - CORRECT ANSWERS ✔✔a
|\ |\ |\ |\ |\ |\ |\ |\
motion stating that there is no dispute as to the relevant facts of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
the case and asking the court to award a judgement in favor of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
one party without the need for a trial
|\ |\ |\ |\ |\ |\ |\
motion for judgement on the pleadings - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\ |\ |\
✔✔- admits that the parties might not agree on the facts, but
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
asserts that even if the other sides facts were all true, it would
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
still lose the case
|\ |\ |\
- If the judge agrees, then the motion can be granted, and one
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
party will win without needing to hold a trial
|\ |\ |\ |\ |\ |\ |\ |\
Trials - CORRECT ANSWERS ✔✔Pretrial hearing --> Jury selection
|\ |\ |\ |\ |\ |\ |\ |\
--> Opening statements --> Cases-in-chief --> Rebuttal -->
|\ |\ |\ |\ |\ |\ |\ |\ |\
Closing arguments --> Jury instructions and verdict --> Judgment
|\ |\ |\ |\ |\ |\ |\ |\
Bench Trial - CORRECT ANSWERS ✔✔the judge performs the role
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
that a jury would normally have: choosing which sides factual
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
allegations are more believable |\ |\ |\
Pretrial Hearing - CORRECT ANSWERS ✔✔- Shortly before the
|\ |\ |\ |\ |\ |\ |\ |\ |\
start of a trial, the court will hold one final pretrial hearing, often
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
called a settlement conference |\ |\ |\
