Instructions This quiz consist of 10 multiple choice questions and covers the

Instructions this quiz consist of 10 multiple choice

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Instructions This quiz consist of 10 multiple choice questions and covers the material  in Chapter 5. Be sure you are in Chapter 5 when you take the quiz. Question 1 0 out of 3 points At a civil trial, the plaintiff has been largely unsuccessful in proving medical malpractice against the defendant doctor. In the rebuttal stage of the trial, the plaintiff produces a surprise witness, who was previously unavailable and who testifies dramatically that the doctor was in fact negligent. Unfortunately for the plaintiff, the judge correctly rules that the witness’s testimony is inadmissible and instructs the jury to disregard it. Notwithstanding the judge’s admonition, the jury finds in favor of the plaintiff, on the basis of no evidence that was legally admitted into the record. The trial judge should grant a JNOV for the Answer Selected Answer: defendant and grant the defendant’s motion for a new trial. Correct Answer: defendant and grant the plaintiff’s motion for a new trial. Question 2 3 out of 3 points If a Witness testifies without having been sworn, the testimony should be excluded on the ground of Answer Selected Answer: competency. Correct Answer:
competency. Question 3 3 out of 3 points Which of the following is not a pleading? Answer Selected Answer: the deposition Correct Answer: the deposition Question 4 3 out of 3 points If the court grants the defendant client’s appropriate motion, what can the plaintiff’s attorney do next? Answer Selected Answer: Appeal the trial court’s granting of the defendant’s motion Correct Answer: Appeal the trial court’s granting of the defendant’s motion Question 5 3 out of 3 points How could A’s attorney get the conversation between B and C, as well as the account books, into evidence? Answer Selected Answer: Call C as a witness and subpoena the books Correct Answer: Call C as a witness and subpoena the books Question 6 3 out of 3 points
Sludge Inc., a Wisconsin corporation, has a website in Wisconsin on which it advertises its wares. This website is accessible in every state in the nation. A Colorado company believes that Sludge has infringed on its trademark, which is protected under federal law, and sues Sludge in Colorado. Sludge wishes to challenge the jurisdiction of the Colorado court because the company alleges that it has insufficient contacts with Colorado. What should Sludge do? Answer Selected Answer: Make a motion to dismiss for lack of personal jurisdiction Correct Answer: Make a motion to dismiss for lack of personal jurisdiction Question 7 3 out of 3 points In order to induce A to become manager of his store, B offered A 2 percent of the net profits of the store. A later sued B because he thought B was cheating him. At trial, A’s attorney called B’s secretary D as a witness. D began to tell how B’s accountant, C, had told her that she was getting a bonus from B for altering the account books to prevent A from getting his share. Midway through the statement, B’s attorney objected. What rule

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