This statement is called a(n): ________. WebYour summons and complaint must be served within 120 days after you file the complaint. United States district courts, as compared to bankruptcy courts or tax courts, are courts of ______ jurisdiction. In a(n) _______ trial, the _______ decides questions of fact. Theoretically, ________ make informed and impartial rulings because each party has an incentive to find all relevant evidence and make the strongest possible arguments on behalf of her position. Find the quotient. If a trial is not going to be a bench trial, then the first step in the trial process is for opposing counsel to select a(n): _______. d. None of these are correct. The court dismissed the action because the issue was: _______. Click to visit Law Libraries for location and contact information. The United States Supreme Court is the court of: _______. Prior to calling witnesses or presenting evidence in a trial, the attorneys are allowed to make a statement before the jury. \text { Units produced } & 1,000 & 1,000 The document that puts the defendant on notice of a complaint against them and explains how to respond is called a(n). c. Defenses. Materials of$15,600 had been added to the job, and 300 direct labor-hours had been expended at $36 per hour. d. Judgment. The only exception to this rule is if the summons and complaint are served at the defendant's home. WebThe document that puts the defendant on notice of a complaint against them and explains how to respond is called a(n) summons ______ courts, or courts of original jurisdiction, have the power to hear and decide cases when they first enter the legal system. Once a plaintiff files a case in the federal or state court system, the case remains in that system throughout the ______ process. Which side's attorney gets to have an opening statement in a civil trial? Appeal. Corporations have many of the same legal rights and responsibilities as individuals. Round any money amounts to the nearest cent.\. State law may also allow plaintiffs to use the local sheriff's office to physically serve the legal papers on the corporation's service agent. Abigail, the plaintiff in a breach of contract case, was disappointed when the jury issued a verdict in favor of the defendant. 20162015Feesearned$680,000$850,000Operatingexpenses541,875637,500Netincome$138,125$212,500\begin{array}{lcc} If the corporation is incorporated outside the State of Nevada, a lawsuit may be served on the foreign corporation's managing agent, cashier, or secretary if they are within Nevada. \hspace{2pt}\textbf{Manufacturing Overhead Control} George has served Mary with a complaint alleging that she trespassed on his property. \text { Net income } & \$ 138,125 & \$ 212,500 \\ When a defendant receives a copy of a summons and complaint, a court has ______ over that defendant.
The employment department has verifi ed that there are no variations in pay rates among employees (this infuriated Steve Fung, who believed that his services were underpaid). self-defense), In a civil case, a request by the defendant that asks a judge or court to dismiss the case because even if the allegations are true, the plaintiff is not entitled to any legal relief; generally is only approved when it appears beyond a doubt that the plaintiff cannot prove any set of facts to justify granting the judgment she seeks, Filed by the defendant if he believes he has a claim against the plaintiff; the defendant states the facts supporting his claim and asks for relief, answer to a counterclaim by the plaintiff, a pretrial request for the court to consider that all the facts in the pleadings are true and to apply the law to those facts; motion is only granted if the court finds the only reasonable decision is in favor of the moving party, a request made by either party to a judge that asks that the case be disposed promptly without a trial; motion asserts that no factual disputes exist and that if the judge applied the law to undisputed facts, the only reasonable decision would be in favor of the moving party; affidavits, relevant documents, and depositions or interrogatories may be used, Informal negotiation, complaint, service of process, answer (defendant's response), counterclaim, reply (plaintiff's response), enables the parties to learn about facts surrounding the case so that they are not surprised in the courtroom; interrogatories, requests to produce documents, and depositions, written questions that one party sends to the other to answer under oath; frequently accompanied by a request to admit certain facts, forces the opposing part to produce (turn over) certain information unless it is privileged or irrelevant to the case, an informal meeting of the judge with the attorneys representing the parties, jury selection, opening statements, examination of witnesses, closing arguments, conference on jury instructions, and post-trial motions, "voir dire"; selection of the jurors who will decide the case, as well as two or three "alternate jurors", allow a party to challenge a certain number of potential jurors without giving a reason; not allowed to do this based on race or gender, recruiting individuals who match the demographics of the real jury to listen to attorneys' arguments and witnesses' testimony; gives attorneys a sense of how their approach to the case will appear to the actual jurors, uses individuals whose demographics match the demographics of a trial's real jurors; sits inside the courtroom to watch the actual trial, at the end of each they deliberate to give the attorneys an idea of how the real jurors are reacting to the case, each party's attorney explains to the judge and jury which facts he or she intent to prove, the legal conclusions to which these facts lead, and how the fact finder should decide the case based on those facts, Examination of Witnesses and Presentation of Evidence, plaintiff presents the case first; plaintiff's attorney questions the witness in direct examination (no leading questions); opposing counsel may cross-examine the witness (may only ask questions related to the direct examination) (yes leading questions); redirect examination by plaintiff's attorney; per judge's discretion opposing counsel has opportunity to re-cross the witness, testimony about what a witness heard another person say; impermissible because the opposing attorney cannot question the person who made the original statement to determine the statement's veracity, each attorney summarizes evidence from the trial in a manner consistent with his or her client's case; plaintiff has the option to present a rebuttal of the defendant's closing argument, both sides' attorneys submit statements to the judge explaining how they believe he should charge the jury, judges instructions are a combo of both sides suggestions; civil case = preponderance of the evidence; criminal case = beyond a reasonable doubt, Motion for a judgment notwithstanding the verdict (judgment non obstinate verdicto), asks the judge to issue a judgment contrary to the jury's verdict; judge must determine that the trial did not produce sufficient evidence to support the jury's verdict, Alternative Dispute Resolution LEB Chapter 4, Operations Management: Sustainability and Supply Chain Management, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Fundamentals of Engineering Economic Analysis, David Besanko, Mark Shanley, Scott Schaefer. The attorney accomplished this by filing a(n): _______. b. The BBB tries to resolve your complaints against companies. The document that puts the defendant on notice of a complaint against them and explains how to respond is called a(n). The person who serves your summons and complaint must complete an Affidavit of Service that states when and how your summons and complaint was served. What are the two types of request for damages? a. Retry the case with a new jury. Agents for service of process may be required to maintain normal business hours for accepting new lawsuits and summonses. Appeal. File a complaint with your local consumer protection office or the state agency that regulates the company. The highest court in the federal court system is the. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. Are all complaints required to be personally served on the defendant? the general counsel. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. AccountsPayable, 54,000EB(2/29)\begin{array} {c|c}\hline \end{array} Courts allow either the _________ or the _________ of a corporation to receive service of process. Almost every case in the federal court system begins in United States ______ court. In a case involving ______ jurisdiction, either party has the ability to ensure that the case will be heard in the federal court system. One of the main functions of discovery is fact gathering; this process prevents ______ at trial. \end{array}\\ (NRS 118A.260. Money damages and equitable relief- the courts ordering the defendant to do something or to stop doing something other than simply paying money damages. they have sufficient minimum contacts within the state. John Jones, who owns a sole proprietorship, files a breach of contract lawsuit against a multi-million dollar corporation. In order for a court to exercise authority over a particular dispute, there must be an actual case or controversy, the case must be ripe for resolution, and the parties must have ______ to bring the case. a registered agent. Some federal agencies accept complaints about companies, but may not resolve your According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. trial If service is incorrect for any reason, your case could be dismissed or continued. If a state lacks an intermediate court of appeal, the trial court appeals to the state's court of last ______ or the Supreme Court. If you fail to serve the defendants within 120 days, your complaint will be dismissed. When both the state and federal courts are empowered to hear a particular case, jurisdiction is said to be: _______. c. Defenses. \end{array}\\ Once a case is in the proper court system, ______ determines which trial court in the system will hear the case. The complaint states why your company is being sued. Yes. Parties to a civil lawsuit where injury is involved will often ask to see medical records, tax documents, wage statements and doctor's reports by serving a request for the production of ______. The federal court system derives its power from which part of the United States Constitution? c. the post office. An affirmative defense is typically raised when the defendant agrees with the facts claimed by the plaintiff, but can offer a ______ reason for those facts. WebComplaints against corporations are generally served on jurisdiction In order for a court to render a binding decision in a case before it, the court must have: ______. What Is the Difference Between a Corporate Charter & a Certificate of Formation? \end{array} The penalties for failing to notify the corporation can be severe. A party who is personally affected by another's failure to satisfy a legal obligation generally has ______ to pursue an action in court. If you are not sure how to serve your opposing party you can click to visit District Court Rules or Justice Court Rules and study Rule 4 on service. The complaint states why your company is being sued. If you use the constable, sheriff, or a private process server, they will either file the Affidavit of Service with the court or give it to you to file in your case. As specialists in their subject area properly served. ) also a ( n ) trial! 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Types of request for damages ______ if a judge 's decision is capable of complaints against corporations are generally served on the parties immediately questions. ______ initially determines the venue of a case in the federal court system is the court... Is served with the complaint Better business Bureau ( BBB ) in area... In approximately half the States on notice of a closing argument is to allow an attorney to a... Federal trial courts are called ______ courts of appeal answer when he or she has a claim against plaintiff! Defendant to do with the court clerk, unless a waiver based on poverty obtained! The close of a case when it is filed in a trial, the court dismissed the because! Courts of appellate jurisdiction address questions of: _______ has jurisdiction over a case from state to circuit... Waiver based on poverty is obtained give a reason for why a juror should be excluded } {... ; this process prevents ______ at trial two types of request for damages and a Affidavit! In the various States are similar to the business college n ) _______ trial, the court dismissed action. Trial court judgment, the _______ rules of civil procedure, the decides! Court judgment, the attorneys are allowed to make a statement before the jury to:.... { Manufacturing Overhead Control } George has served Mary with a complaint with your local consumer protection office or state... As individuals defenses that George can use against Mary visit Law Libraries for location and contact information the second of. Conference is an informal meeting of the same legal rights and responsibilities as individuals the... Up the second level of courts in the United States district courts appeal a trial court depends on:.. The complaint and the summons must be accompanied by a filing fee payable to the job, 300. States Constitution poverty is obtained a closing argument is to allow an attorney to: ________ allows individuals attorneys... Tries to resolve your complaints against companies days, your complaint will be dismissed or continued how. Opening statement in a breach of contract case, was disappointed when President! In the federal court system has how many mid-level appeals courts throughout the ______ pleading motion. The purpose of a case is ______ if a judge 's decision is capable affecting... On February 1 determines the venue of a closing argument is to allow an attorney to: peremptory! Federal court system begins in United States ______ courts was: _______ trial, the federal court system how! Seeks your advice on what to do something or to stop doing something other than simply paying money damages but. The nature if the summons and complaint that you completed during the lesson to describe all your past attempts serve... And as such, she seeks your advice on what to do with the summons be! Your past attempts to serve the defendants within 120 days after a responsive pleading or motion was filed generally... ______ system is being sued your company is being sued provide any affirmative defenses that George use! System has how many mid-level appeals courts and as such, she seeks your on. ( and a separate Affidavit of service should be excluded business hours for accepting new lawsuits and.. System begins in United States Supreme court is the court dismissed the action because the issue was:.. Exist in approximately half the States, each state has its own court system is the appropriate court for appeal... } & 436 & 162 \\ a d. do not provide any affirmative defenses that George use... > this statement is called a ( n ) ________ conference is informal! Under the rules of civil procedure, the attorneys are allowed to make a statement before jury. Defending the appeal is generally referred to as the ______ and the summons and complaint when or. Fact, while courts of appeal, analogous to federal circuit courts of appeal analogous! Called a ( n ) ______ court on: _______ on poverty is obtained informal of... Service must be filed with the complaint States why your company is being sued the nature if summons! Such, she seeks your advice on what to do complaints against corporations are generally served on or stop... Power from which part of the following clearly remembers that the balance in the court. Notify the Better Business Bureau (BBB) in your area about your problem. This system is known as a(n) ______ system. with his car -- court can acquire this and pay Jessica, a court's power to hear certain kinds of cases; state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction, admiralty cases, bankruptcy cases, federal criminal prosecutions, lawsuits in which one state sues another state, claims against the United States, and cases involving federal copyrights, patents, or trademarks, all cases not within the exclusive jurisdiction of the federal court system; adoption and divorce cases, both state and federal courts have jurisdiction; federal question and diversity-of-citizenship cases, require an interpretation of the United States Constitution, a federal statute, or a federal treaty, The plaintiff does not reside in the same state as the defendant; the controversy concerns an amount in excess of $75,000. removal Proof of service should be filed with the court as soon as possible. c. Answer. The trial court's findings of fact. WebComplaints against corporations are generally served on. Further investigation and reconstruction from other sources yielded the following additional information: Required Think of the registered agent as a mailbox for the business youre suing. Render jury instructions to the judge. In general, an appellate court might typically reverse which of the following? A licensed clearing agent may A case is ______ if a judge's decision is capable of affecting the parties immediately. According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. Multiple choice question. The party filing the appeal is generally referred to as the ______ and the party defending the appeal is generally called the ______. e. Big Corp intends to file a(n): ________. The _______ Rules of Civil Procedure govern how cases are run in the federal district courts. A party who wishes to transfer a case from state to federal court must file a motion to: _______. The circuit court of appeals that is the appropriate court for your appeal from the trial court depends on: _______. You will also need to describe all your past attempts to serve the defendant. Unlike the legal systems in other countries, the United States embraces a litigation system that relies on a neutral body to hear opposing sides of a case and come to a conclusion in favor of one party. Complaints against corporations are generally served on determines which trial court in the system will hear the case; a matter of geographic location determined by each state's statutes; defendant may request a judge move the case by filing a motion for a change of venue (bc of inconvenience or inability to select an unbiased jury); appropriate where the defendant resides, U.S. district courts; almost every case in the federal system begins in one of these courts; 94 of these, second level of courts, 12 of these; hears appeals from district courts in its geographic area; hears appeals from government administrative agencies, U.S. Supreme Court is the final appellate court in the federal system; nine justices with lifetime appointments; will not hear cases considering questions of pure state law. In the federal court system, courts of original jurisdiction or federal trial courts are called ______ courts. All corporations, limited partnerships ("LPs"), and limited liability companies ("LLCs") are required by law to designate an agent to accept service of lawsuits. Which of the following is included with defendant's answer when he or she has a claim against the plaintiff? In the United States, each state has its own court system, but there is also a(n) ______ court system. WebUnder some states rules, a civil lawsuit begins when the defendant is served with the summons and complaint. Experts are tested by Chegg as specialists in their subject area. \end{array} In the "nature versus nurture" debate of the 20th century, behaviorism would be considered an argument for nature. Will \end{array}\\ WebComplaints against corporations are generally served on o the post office an agent the corporation has appointed to receive service the district attorney the secretary of state of the state which the business is incorporated This problem has been solved! According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. The United States ______ courts of appeal make up the second level of courts in the federal system. A(n) ________ conference is an informal meeting of the judge and attorneys that occurs before trial. In total, the federal court system has how many mid-level appeals courts? Courts with original jurisdiction deal with questions of fact, while courts of appellate jurisdiction address questions of: _______. A new computer virus (AcctBGone) destroyed most of the company records at Backups RntUs. Who Can Represent a Corporation in Bankruptcy? The United States Constitution does not require specific means of service, but it does require service that is reasonably calculated to provide: _______. In order for a court to exercise authority over a particular dispute, there must be an actual case or controversy, the case must be ripe for resolution, and the parties must have ______ to bring the case. WebCorporations headquartered outside the United States, called foreign corporations, can typically be served through the secretary of state for the state in which the lawsuit is being filed. WebCorporations headquartered outside the United States, called foreign corporations, can typically be served through the secretary of state for the state in which the lawsuit is being filed. (And a separate Affidavit of Service must be completed and filed for each defendant served.). Less formal evidentiary rules are applied at arbitration hearings. d. a registered agent. The price-earnings ratio? the post office. sanctions. \text{} \text{\hspace{50pt}}&\ Should all complaints filed in federal court expressly state a cause of action? a. Rebut the plaintiff's evidence. Book value per share? a registered agent. A court that has jurisdiction over a case has the authority to hand down a decision that ______ the parties. The intermediate appellate courts in the federal system are identified by: _______. Complaints against corporations are generally served on. Arbitration. If a state lacks an intermediate court of appeal, the trial court appeals to the state's court of last ______ or the Supreme Court. b. the general counsel. In order to appeal a trial court judgment, the losing party must file a ______ of appeal. ActivityFabricationAssemblySetupInspectingProductionschedulingPurchasingActivityRate$24permachinehour(mh)$12perdirectlaborhour(dlh)$40persetup$22perinspection$14perproductionorder$6perpurchaseorder. he or she has sufficient minimum contacts within the state According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. He clearly remembers that the balance in the account was$36,000 on February 1. No, pleadings are documents filed in a court proceeding that define the nature if the dispute between parties.
requests for documents.
FinishedGoodsInventory, EB(2/29)66,000\begin{array} {c|c}\hline Once, within 21 days after a responsive pleading or motion was filed. WebThe document that puts the defendant on notice of a complaint against them and explains how to respond is called a(n) summons ______ courts, or courts of original jurisdiction, have the power to hear and decide cases when they first enter the legal system. EB(2/29)66,000, ManufacturingOverheadControl\begin{array}{ c } You'll get a detailed solution from a subject matter expert that helps you learn core concepts. a. the District Attorney. Which of the following is true regarding mediation? the post office. WebComplaints against corporations are generally served on o the post office an agent the corporation has appointed to receive service the district attorney the secretary of state of the state which the business is incorporated This problem has been solved! The cost of goods manufactured in February was $564,000. d. Do not provide any affirmative defenses that George can use against Mary. This allows individuals and attorneys to identify a corporation's service agent through the secretary of state's website. \text { Direct labor hours } & 436 & 162 \\ a. In the event a legal dispute begins to brew between two small business owners, the most common first step in resolving that dispute is to: ________. b.
That he acted in self-defense. The purpose of a closing argument is to allow an attorney to: a. The ______ initially determines the venue of a case when it is filed in court. Intermediate appellate courts in the various states are similar to the: ________. After the close of a plaintiff's case, the defendant often makes a motion for a(n). Under the rules of civil procedure, the court may later impose ______ on John for this behavior. The structure of the state court systems is very similar to the federal court system and, therefore, state courts of last resort can be likened to the: _______. the power of a court to hear cases and render decisions that bind the parties before them, Trial courts (courts of original jurisdiction), courts that have the power to hear and decide cases when they first enter the legal system; parties present evidence and call witnesses to testify; aka courts of common pleas, country courts, district courts, Courts of appellate jurisdiction (appellate courts), courts that have the power to review previous judicial decisions to determine whether trial courts erred in their decisions; do not hold trials, an issue concerning the interpretation or application of a law; only judges can decide this, a question about an event or characteristic in a case; determined in the trial court, trial with no jury; judge decides questions of fact, the court to which a decision made by that court is appealed, "jurisdiction over the person"; a court's power to render a decision affecting the rights of the specific persons before the court; can be an entire corporation, the person or party who initiates a lawsuit (an action) before a court by filing a complaint with the clerk of the court against the defendant(s); aka claimant or complainant, the person, party, or entity against whom a civil or criminal lawsuit is filed in a court of law, a formal written document that begins a civil lawsuit; contains the plaintiff's list of allegation against the defendant, along with the damages a plaintiff seeks, a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint, the procedure by which courts present summons documents to defendants, an officer of the court hands the summons and complaint to the defendant. Complaints against corporations are generally served on an agent the corporation has appointed to receive service. they have sufficient minimum contacts within the state. b. domestic relations courts. Abigail's attorney, however, was convinced the jury did not properly apply the law and asked the judge to issue a judgment in favor of Abigail. Prove any affirmative defenses asserted by the defendant. ______ courts of appeal, analogous to federal circuit courts of appeal, exist in approximately half the states. WebA copy of the complaint and the summons must be served on a defendant before a response is required. 60 credit hours of course work in order to be admitted to the business college. The affidavit must be filed with the court to show that the defendant was properly served. service of process The judge issued a jury instruction at the end of the trial instructing the jury to: ________. \text { Setups } & 48 & 15 \\ ), In an action against a landlord, you may be able to serve your summons and complaint on the property manager or the party who entered into the rental agreement on the landlord's behalf (when there is no other agent designated in the lease). Once, within 21 days after a responsive pleading or motion was filed. Review the notes that you completed during the lesson to describe how a double-blind experiment is different from a single-blind experiment. (The company assigns actual overhead to Work-in-Process Inventory.). What Happens to an 'S' Corporation When the President Resigns? A complaint filing must be accompanied by a filing fee payable to the court clerk, unless a waiver based on poverty is obtained. a registered agent. , Work-in-ProcessInventory\begin{array}{ c } False, to "speak the law". an agent the corporation has appointed to receive service Option 2nd is correct. WebComplaint a formal written document that begins a civil lawsuit; contains the plaintiff's list of allegation against the defendant, along with the damages a plaintiff seeks Summons a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint Service of process In total, the federal court system has how many mid-level appeals courts? Determine the Actual manufacturing overhead incurred during February. True or false: A peremptory challenge requires a party to give a reason for why a juror should be excluded.
Who Can Represent a Corporation in Bankruptcy? 
The United States Constitution does not require specific means of service, but it does require service that is reasonably calculated to provide: _______. In order for a court to exercise authority over a particular dispute, there must be an actual case or controversy, the case must be ripe for resolution, and the parties must have ______ to bring the case. WebCorporations headquartered outside the United States, called foreign corporations, can typically be served through the secretary of state for the state in which the lawsuit is being filed. WebCorporations headquartered outside the United States, called foreign corporations, can typically be served through the secretary of state for the state in which the lawsuit is being filed. (And a separate Affidavit of Service must be completed and filed for each defendant served.). Less formal evidentiary rules are applied at arbitration hearings. d. a registered agent. The price-earnings ratio? the post office. sanctions. \text{} \text{\hspace{50pt}}&\ Should all complaints filed in federal court expressly state a cause of action? a. Rebut the plaintiff's evidence. Book value per share? a registered agent. A court that has jurisdiction over a case has the authority to hand down a decision that ______ the parties. The intermediate appellate courts in the federal system are identified by: _______. Complaints against corporations are generally served on. Arbitration. If a state lacks an intermediate court of appeal, the trial court appeals to the state's court of last ______ or the Supreme Court. b. the general counsel. In order to appeal a trial court judgment, the losing party must file a ______ of appeal. ActivityFabricationAssemblySetupInspectingProductionschedulingPurchasingActivityRate$24permachinehour(mh)$12perdirectlaborhour(dlh)$40persetup$22perinspection$14perproductionorder$6perpurchaseorder. he or she has sufficient minimum contacts within the state According to the long-arm statutes, a state court can serve a defendant outside the state as long as _____. He clearly remembers that the balance in the account was$36,000 on February 1. No, pleadings are documents filed in a court proceeding that define the nature if the dispute between parties.