Test12003 - Fall03T1 True/False Indicate whether the...

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Fall03T1 ID: A True/False Indicate whether the sentence or statement is true or false. ____ 1. Federal courts are superior to state courts. ____ 2. A motion for summary judgment may be made before or during a trial. ____ 3. A judge's view of the law is of little importance in a common law legal system. ____ 4. Damages is the normal remedy at law. ____ 5. A federal law that conflicts with the U.S. Constitution will be deemed unconstitutional. Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. ____ 6. In Ed's suit against First National Bank, the discovery phase would include all of the following except a. Ed's complaint. b. Ed's deposition. c. Ed's requests for First National's admissions. d. First National's replies to Ed's interrogatories. Fact Pattern 3-1 Donna is involved in an automobile accident with a driver for the Express Delivery Service (EDS). Donna initiates a lawsuit against EDS by filing a complaint. ____ 7. Refer to Fact Pattern 3-1. If EDS responds to Donna's complaint by filing a counterclaim a. EDS will be given time to file an amended answer. b. EDS will have a judgment entered in its favor. c. Donna will be awarded the damages sought in her complaint. d. Donna will be given time to file a response. ____ 8. Refer to Fact Pattern 3-1. If EDS files a motion to dismiss, it is asserting that a. Donna's statement of the facts is not true. b. Donna's statement of the law is not true. c. if Donna's statement of the facts is true, she did not suffer an injury that the law will compensate. d. if Donna's statement of the facts is true, only questions of law are at issue. ____ 9. Refer to Fact Pattern 3-1. The sheriff serves EDS with a summons. If EDS chooses to ignore the complaint a. EDS must be served with a second summons. b. EDS will have a judgment entered in its favor. c. Donna must file an amended complaint. d. Donna will be awarded the damages sought in her complaint. ____ 10. Refer to Fact Pattern 3-1. If the court denies EDS's motion to dismiss a. EDS will be given more time to file another response. b. EDS will have a judgment entered in its favor. c. Donna will be awarded the damages sought in her complaint.
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d. Donna will be given more time to file an amended complaint. ____ 11. Betty files a suit against Curt. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without the involvement of a third party. This is a. arbitration. b.
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This note was uploaded on 10/29/2008 for the course FIN 3055 taught by Professor Cgiles during the Fall '08 term at Virginia Tech.

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Test12003 - Fall03T1 True/False Indicate whether the...

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