solution

/in /by

Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review ofBullv. Clay, the appellate court upholds the lower court’s verdict. The appellate court has?

a.

?affirmed the case.

b.

?reversed the case.

c.

?remanded the case.

d.

?reversed and remanded the case.

15. Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing?

a.

?an explanation to refute any defense Open Pit might assert.

b.

?a motion for summary judgment.

c.

?a motion to dismiss.

d.

?Mountain’s basis for relief.

16. Pad, Pod & Phone Accessories LLC (3PA) makes “PacBacs,” a famous brand of cases for electronic devices. Without 3PA’s consent, Offshoot Rip-Offs Inc. (ORO) begins to use “pacbacs” as part of a domain name. 3PA files a suit against ORO. Service of process for this suit must provide

a.

a medium for Offshoot to respond.

b.

notice of the lawsuit.

c.

instructions about the steps involved in this, or any, lawsuit.

d.

a secure means to guaranty privacy between the litigants.

17. Lyn files a suit against Karl. Karl denies Lyn’s charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl’s claim is?

a.

?a counterclaim.

b.

?a motion for judgment on the pleadings.

c.

?a motion for summary judgment.

d.

?a motion to dismiss.
 
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