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Exam 3: The Court System

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Question 41

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Which of the following is contained in a complaint?

A) A statement of the remedy the plaintiff is seeking.
B) A list of the possible defenses that can be conveniently raised by the defendant.
C) A certification by the county magistrate that the case has merit.
D) A listing of the case or statutory authority upon the case is based.

E) C) and D)
F) B) and C)

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Question 42

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Discovery procedures are often used in civil actions.Identify and explain the purpose of discovery and explain one type of procedure and what can be accomplished by using it.

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Discovery - The process of gathering evi...

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Question 43

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A(n)is the expressed opinion of the jury.

The entire judicial process that is designed to resolve (i.e.decide or settle)legal controversies is called .

Most civil cases are conducted in courts which are open to public observation.

A defendant who is currently unable to pay her or his debts is often referred to as

The court system consists essentially of trial courts and appellate courts.Identify the most accurate statement.

Disputes between parties transacting business over the Internet are subject to special tests regarding the existence of jurisdiction.

A suit demanding money damages is a matter of equity.

Which of the following is an equitable remedy available in a civil proceeding?

In small-claims court,attorneys cannot represent other litigants but they can represent themselves or corporations if they are the sole shareholder.

Which of the following is a typical expense of civil litigation?

Most state court systems have only trial courts.Appeals from state courts go directly to the federal appellate courts.

"The power to speak the law" is a phrase used to describe the term .

Exclusive jurisdiction occurs when only one court system has the power to hear a case.

Sharon sues Brian to retrieve money she claims she is owed.To successfully pursue a legal action she would need

A civil jury is instructed,among other things,to decide the facts in a dispute.

The inherent ability of a jury in a criminal case to decide a case contrary to the law is called

Carlos carelessly ran a red light,and struck Cantwell,a pedestrian,all in full view of several bystanders.When Cantwell sued Carlos for damages,all the witnesses testified that Carlos did indeed run the light.Nevertheless,the jury found Carlos had met his duty of care and therefore was not liable for the injuries.The judge,however,responding to a motion from Cantwell's attorney, Found Carlos negligent and liable on the basis of the overwhelming evidence presented at trial.Which of the following statements best describes the judge's action?

Jong is seeking a de novo review.What is he asking for?