In Beta Roasters suit against Coffee Stand, alleging trademark infringement, the court issues a judgment in the defendant$$s favor. The case is appealed. The appellate court will hear

all of the evidence presented at trial, including having witnesses testify in front of the appellate court.

none of the evidence presented at trial.

select pieces of evidence presented at trial, as determined by the appellate court after reviewing the trial transcript.

most of the evidence presented at trial, but the appellate court will not hear witnesses testify in person.

$5$ points

QUESTION $11$

A deposition can be used to impeach a party or witness who changes their testimony at trial.

True

False

$5$ points

QUESTION $12$

An appellate court can modify a trial court$$s decision, in whole or in part.

True

False

$5$ points

QUESTION $13$

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

True

False

$5$ points

QUESTION $14$

During the trial of a suit concerning the terms of a contract between Marvel and Nina, the plaintiff$$s attorney presents evidence from Ochre, who is not an expert in the field about which he is being questioned. Ochre can

offer his conclusion with regard to the case.

testify about any of the facts in the case.

testify only about what he personally observed.

offer his opinion about any of the evidence.

$5$ points

QUESTION $15$

A motion to dismiss asserts that a claim has no basis in law.

True

False

$5$ points

QUESTION $16$

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant$$s possession. A legitimate reason for this examination is that the documents contain

private information about the defendant$$s operations.

irrelevant data that can be eliminated from consideration.

information that is relevant to the case.

public information about the defendant$$s operations.

$5$ points

QUESTION $17$

During the trial of a suit concerning liability for an accident involving Cartage Ltd$.$ and Docking Inc., the plaintiff$$s attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma$$s field, she can

testify only about the facts.

prevent other witnesses from testifying.

offer her opinions and conclusions.

describe only what she personally observed.

$5$ points

QUESTION $18$

A prevailing party has no right to appeal a trial court$$s decision, even if$,$ for example, the party receives a smaller monetary award than sought.

True

False

$5$ points

QUESTION $19$

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

True

False

$5$ points

QUESTION $20$

Pro se representation refers to the attorneys that parties hire to represent them in court.

True

False

$5$ points