LEG 110 QUIZ 3
LEG 110 Quiz 3
This quiz consist of 10 multiple choice questions and covers the material
in Chapter 5.
1.
Cody brought
suit for injuries sustained in an automobile collision between her car and the
defendant Adkins pickup truck. The jury found that considering the hazardous
weather conditions at the time of the accident, the defendant was not at fault
or negligent in the operation of his vehicle and that the injuries that
plaintiff sustained were the result of an unavoidable accident. The jury
returned a verdict in favor of the defendant Adkins. The plaintiff moved for a
judgment notwithstanding the verdict. The judge should grant that motion if
2.
Bob went
off-roading one day in his 350 Ford diesel pickup truck with his loaded shotgun
resting on the gun rack in his back window. Suddenly, he hit a bump and the gun
discharged, blowing a hole right through the pickup. Bob now suffers with a
constant ringing in his ears as a result of the gun firing. Bob decided to sue
the manufacturer of the gun for alleged personal injury. What document should
Bob file with the court in order to initiate the proceeding and to set forth
his cause of action and the grounds for the jurisdiction of the court?
3. A contingency contract
4.
At the trial,
Bob calls his witnesses, offers evidence, and otherwise presents his side of
the case. Plaintiff then rests his case. The gun manufacturer could immediately
begin its case or make a motion
5.
Nurse Ratchet is
called for jury duty and is on a panel of prospective jurors in a medical
malpractice case involving an alleged failure to diagnose in a timely manner
and properly treat breast cancer. All of the following reasons would be either
a valid challenge for cause or peremptory challenge except:
6.
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 of evidence supports the
objection?
7.
Scott entered
into a contract with Nadine to landscape her yard. When Scott completed the
job, Nadine refused to pay, claiming the work was not done properly because the
wrong plants were used and the job was not finished on time. Scott brought suit
against Nadine to collect the amount due. If Nadine wished to raise the defense
that the work was performed improperly, in what legal document will she state
her defense?
8.
How could A’s
attorney get the conversation between B and C, as well as the account books, into
evidence?
9.
If the court
grants the defendant client’s appropriate motion, what can the plaintiff’s
attorney do next?
10.
Suppose instead
that the attorney in Fracasse vs. Brent sued for the
reasonable value of the services he had rendered up until the time of
discharge. In response to this complaint, the client alleged in a court
document that the attorney’s services were worthless because he missed an
important filing date and thereby compromised the validity of the client’s
claim. The client further alleged that the attorney’s conduct constituted legal
malpractice and sued him in tort for the defendant attorney’s negligence. What
is the court document that contains such counterclaims by the defendant client
properly called?
No comments:
Post a Comment