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InstructionsThis 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 pointsAt a civil trial, the plaintiff has been largely unsuccessful in proving medical malpracticeagainst 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 theAnswer 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 pointsIf a Witness testifies without having been sworn, the testimony should be excluded on the ground ofAnswer Selected Answer:competency.Correct Answer:
competency.Question 3 3 out of 3 pointsWhich of the following is not a pleading?Answer Selected Answer:the depositionCorrect Answer:the depositionQuestion 4 3 out of 3 pointsIf 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 motionCorrect Answer:Appeal the trial court’s granting of the defendant’s motionQuestion 5 3 out of 3 pointsHow 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 booksCorrect Answer:Call C as a witness and subpoena the booksQuestion 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 Coloradocourt 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 jurisdictionCorrect Answer:Make a motion to dismiss for lack of personal jurisdictionQuestion 7 3 out of 3 pointsIn 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