Business Law Test 1 Ch. 4

A building contractor is sued by homeowners alleging that their homes were poorly constructed resulting in several defects. contractor adds to the lawsuit a building supplier that it claims provided faulty support beams. How can the contractor add the bui

it is appropriate for the contractor, the original defendent to bring the supplier into the lawsuit as a third-party defendant. This process of impleading an additional party allows for an efficient determination of rights and duties among all affected pa

Environmentalists filed a lawsuit challenging commercial fishing in Glacier bay National park and sued the secretary of the interior and the National Park service in order to prevent more commercial fishing. What must the environmentalist show in order to

the environmentalists must be able to demonstrate how their personal interests are adversely impacted by the actions of the interior secretary and national park service.
must.
in order to sue there has to be controversy and personal stake in the case.

At what point should the issue of standing be decided by the court during the course of litigation?

the issue of a plaintiffs standing should be raised by the defendant and addressed by the judge at the outset of the litigation process.

A resident of michigan, was in florida for a business meeting where he was served with a divorce petition filed by his wife, who had moved to florida recently. Husband objected florid as court excercise of personal jurisdiction. What is the basis of smith

attending a business meeting may not be sufficient contact to create personal jurisdiction for a lawsuit of this nature in Florida. When faced with the issue of whether it has jurisdiction under its long-arm statute, a court must ask whether the defendant

What are class-action suits andHow have the federal courts discouraged class action suits?

class action suits are when a plaintiff files claim for them and anyone else who may have been hurt or involved ex: symptoms from a drug.
federal cases require that members of the class be given notice of the lawsuit. plaintiffs bringing the class-action

what are key requirements for federal courts to permit class-action suits?

the court looks for similarity of claims, complexity of the case, and efficiency of litigation in evaluating whether to permit the class action lawsuit.

Describe purpose of a complaint and an answer in civil litigation. What is the function of the pleading stage in a lawsuit?

the complaint is the plaintiff's statement of claims, the answer is the defendants response. through analysis of the the complaint and answer, the issues between the parties are clarified

What is discovery?

the period of litigation when evidence from both parties is brought forth and it is the stage where most cases are won and lost

Why do surprises rarely occur at trial? What are some key devices a litigant can use in discovery?

surprises rarely occur becasue of thorough discovery.
key devices include: interrogatories, requests for production, depositions and requests for admission

How do abusive discovery practices raise the cost of litigation?

it is key for both sides to be cooperative because abusive discovery practices increase costs and delay resolution of the case

Under what circumstances may a court grant a motion for summary judgement?

a trial judge legally grants a motion for summary judgement when there are no unresolved factual issues and it is clear that the moving party is entitled to judgement. it allows judge to decide based on complaint and answer rather than trial

Federal rule 11 sanctions are available against both lawyers and their clients to curb frivolous litigation. Under what circumstances may sanctions be imposed?

rule 11 sanctions may be imposed when either a party or a lawyer have filed documents intending to harass another or to cause unnecessary delays in the litigation process or to increase costs of litigation

In the light of recent court decisions restricitng the use of peremptory challenges, should they be eliminated from litigation altogether? Would the elimination of peremptory challenges improve efficiency of trial process?

peremptory challenges means no cause or reason needs to be given to excuse a juror from selection, and elimination of peremptory challenges would make the jury selection process much simpler and more efficient. there would be very little need for extensiv

What is the purpose of jury instructions?

jury instructions help clarify the issues for the jury to resolve by bringing the facts and the law together in an orderly manner that will result in a decision.

There are three distinct levels of proof required by law depending upon the kind of case involved. describe them and when they are used

beyond reasonable doubt"-burden that the government must satisfy in criminal cases
"preponderance of the evidence"- is applicable in most civil cases. to carry this burden, the plaintiff must prove the case with evidence that is balanced (however slighty

Under what circumstances should a judge enter a judgement notwithstanding the verdict?

a motion for a judgement notwithstanding the verdict is granted only when the trial judge concludes that the jury acted unreasonably in reaching its verdict. because judges hesitate to rule that jury acted unreasonably, these motions are seldom granted.

What normally is contained in an appellate brief? an oral argument?

an apellate brief is a written statement supporting a legal position. oral argument before and apellate court provides the opportunity for further explanation of the partys position. Questions from judges are typical during the oral argument to clarify ke

How does the court enforce judgments?

with the courts assistance, a judgment may be enforced through process of execution (seizure of debtors property), attachment or garnishment

Why is notion of res judicata critical in civil litigation?

it means (the thing has been decided). the doctrine prevents the same civil cases from being retried thereby avoiding needless duplication of judicial resources.