Lawsuit: Which is usually the first form of discovery in a civil trial?

· The first document filed in a lawsuit is?

· What are the pleadings in an answer?

· A counter claim is used against a ___________ where a cross claim is used against a ______________.

· A default judgment is given to which party?

· Which is usually the first form of discovery in a civil trial?

· A motion for summary judgment is given when?

· Voire Dire is?

· Other than cost, a main benefit that Negotiation has over a Trial is:

· Facilitative mediators mainly try to:

· Arbitration is most likely to be used when:

· The goal of the Federal Arbitration Act is to ensure that:

· A complaint may be dismissed by a motion to dismiss when:

· The defendant’s response to a complaint is called a:

· In discovery, a request for access to medical records might be granted when:

· Bob testified that Mark told him that Jim confessed to the murder Joe. What would you do as an attorney representing the defendant?

· What is the proper trial chronology?

· The jury determines ___________ and the judge determines ______________?

· Which business forms attach the most personal liability to the owners?

· What is the easiest way to prove a partnership exists?

· Joint and several liability refers to:

· Which business entities no federal taxes:

· A _____________ requires at least one general partner while a _______________ requires at least two general partners.

· Corporate directors may be protected from liability by __________________ for bad decisions?

· An S-Corporation is:

· “Piercing the corporate veil” refers to:

· Limited Partners have limited liability for the debts of the partnership, except when:

· Death of an owner causes a ______________ to a partnership but a Corporation is a ______________ and will continue after the death of an owner.

· Double taxation is:

· Partnership agreements should address the following issues to avoid long term problems (3D’s):

· If your only business concerns were taxes and cost, then you would probably have what type of business?

· State law provides for entity formation and the office holder generally responsible for that process in each state is:

· Blue Sky Laws are:

· The two main federal securities laws are:

· Where is the definition of a security found?

· Which of the following is most likely a security?

· Rule 503 is:

· What is a a tombstone ad:

· Tippees are:

· Quarterly (10-Q) and annual filing statements (10-K) for publicly traded companies with the SEC must be signed by:

· The enabling statue for the Securities and Exchange Commission is:

· Which of the following may make a contract voidable by both parties to a contract?

· Contracts that are terminated as a matter of law or public policy are considered:

· Oral contracts are:

· To determine if a statement was an offer, the courts would use a _____________ standard:

· The offeror is:

· Which of the following is a defense to a contract:

· What is the essential difference between forming a contract under UCC or Common Law:

· What is a good under UCC:

· “I want to sell my car for $5,000” can most likely be described as:

·  An executed contract is one that is:

·  An executory contract requires:

· What can make a contract void?

· Accord and satisfaction occurs when there is?

· What type of contract damages places the injured party in the same position as they would have been in without the breach?

· Contract performance will be excused when – give example:

· What is employment-at-will?

· Principals   are liable for the acts of independent contractors if:

· An   agent is liable to third parties when?

· Apparent   authority will continue even after termination of the agency unless:

· Apparent   authority ends?

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