IV.MULTIPLE CHOICE.THE FOLLOWING QUESTIONSDEAL WITH THE FOLLOWING HYPOTHETICAL CASE. (3 points each)

Miss Piggy and the Swedish Chef engage in a business transaction for a cake and other desserts for Miss Piggy's wedding dinner and reception. When a dispute arises, Miss Piggy initiates a lawsuit against the Swedish Chef by filing a complaint.

_______1. Miss Piggy's complaint should include

A.An explanation of the proof to be offered at trial

B.A Statement refuting a defense the Defendant might assert

C.A Motion for judgment on the pleadings

D.A statement alleging the facts showing the court has jurisdiction

______2If the Swedish Chef files a motion to dismiss, he is asserting that

A.Miss Piggy did not state a claim for which relief can be granted.

B.The Swedish Chef also suffered financial injury

C.Miss Piggy should first appeal the case to a higher court

_______3.If the Swedish Chef fails to file an Answer to Miss Piggy's lawsuit within the time allowed by law,

A.The court will not grant Miss Piggy any relief she requested

B.The court will treat the Swedish Chef's failure to respond as a denial.

C.The court will enter a default judgment against the Swedish Chef

_______4.To prepare for a trial, Miss Piggy's attorneyasks questions to the Swedish Chef who isunder oath. A court official makes a record of the attorney's questions and the Swedish Chef's answers. This is:

A.A cross-examination

B.A Deposition

C.Voir Dire

D.An Interrogatory

_______5.To prepare for a trial, Miss Piggy's attorney submits a series of written questions to the Swedish Chef's attorney for the Swedish Chef to return written answers under oath. This is:

A.A Deposition

B.VoirDire

C.Interrogatories

______6.The Swedish Chefdenies Miss Piggy's charges andsets forth his own claim that Miss Piggy breached their contract and owes the Swedish Chef money for the breach. The Swedish Chef's claim is:

A.Counterclaim or Counter-complaint

B.Motion for Default judgment

C.Motion to Dismiss

_______7.Before the trial, either of the parties can file a motion for summary judgment which

A. Is a Motion requesting the court to make a decision without proceeding to trial

B. Can be granted based on evidence outside the pleadings, such as depositions and affidavits

C.Will be granted only if no facts are in dispute

D.All of the above

_______8.During the trial, the attorneys engage invoir dire, which is

A.An assessment of the arguments on the issues

B.The determination of the issues to be argued

C.The testimony of the parties and witnesses

D.The selection of jurors

______9. During the trial, theDefendant Swedish Chef's attorney asks questions of the Plaintiff's witness Ernie. This is:

A.An interrogatory

B.Cross-examination

C.Direct examination

______10.After Miss Piggy has put on all of her proof and before case is submitted to the jury,the Swedish Chef's attorney moves the court for a directed verdict because

A.Miss Piggy has not presented sufficient evidence to support her claim

B.The summons was inaccurate

C.The Swedish Chef has a counterclaim

_______11. The Swedish Chef's attorney objects tothe admissibility ofthetestimony of the witness Scooterinto evidence at trial stating that Scooter's 1.

A.Scooter had no first hand knowledge of what he had testified to

B.Scooter had failed to undergovoir dire

C.The court had no jurisdiction to hear Scooter's testimony

_______12. The court's verdict was against the Swedish Chef.He can

A.Appeal to an intermediate court of appeals

B.Move the trial court for a new trial

C.Move the trial court for a judgment n.o.v. (notwithstanding the verdict)

D.Any or all of the above