In: Finance
Business class
3. Interrogatories, Depositions, Requests for Production of Documents are all forms of:
a. discovery;
b. pleadings;
c. alternative dispute resolution(ADR);
d. jury instructions.
4. A party asks the court to make a ruling by making a ______________.
a. motion;
b. subpoena;
c. petition;
d. summons.
5. The testimony of a witness or party is taken during this proceeding:
a. hearing;
b. investiture;
c. interrogatory;
d. deposition.
6. When Plaintiff’s attorney proves that his/her client is entitled to recovery if no defense is offered, the attorney has established what?
a. a prima facie case.
b. a default;
c. grounds for appeal;
d. conditional liability.
7. The jury’s decision, announced in court after deliberation, is known as the:
a. judgment;
b. verdict;
c. sentence;
d. jury’s decision.
8. When the victim of a defamatory statement is a public figure:
a. the elements of the tort of defamation are exactly the same;
b. the public figure has no right to sue for defamation;
c. the public figure can only sue business or political enemies or defamation;
d. the public figure is also required to prove actual malice; that is, the Defendant made the defamatory statement knowing the statement was false.
As per rules I am answering the first 4 subparts of the question
3: a Discovery
The methods mentioned are forms of discovery. They are used to get information from parties. Other options are invalid since they do not use the methods for any purpose.
4: a Motion
A motion for summary judgement is a request to the court to make a ruling based on available evidence. A subpoena is a court-ordered command which requires you to do something. A petition is an application to the court to grant relief or favours. Summons is an order to appear before a court of law.
5: d. deposition
A deposition is the out-of-court testimony of a witness. It is used to gather information. The other options do not take testimony as part of the process.
6: Prima facie case
This implies that the fact has been established unless disproved or rebutted. Default is a judgement based on failure to take action by a party. Grounds for appeal refers to reasons for appealing against a judgement. Conditional liability is a liability subject to certain conditions.