motion for judgment N.O.V
california court of appeals
motion for judgment on the pleadings
diversity of citizenship
US Court of Appeals
1. James is the mayor of Corona, California. The Los Angeles Times does a story on him,
and James thinks the story makes him look like a corrupt politician. If James sues the
Los Angeles Times for defamation, he will be required to show
________________________ in order to win his action.
2. Donald and Betty choose to have their legal dispute heard outside the court system and
ask a third party to listen to each of them and make a decision. The chosen process is
3. If Betty were a reporter writing about John, the state treasurer, for an article in the NY
Times, John would be considered a ___________________,
4. What is the term for a distinctive mark, motto, device, or emblem used by an airline as its
5. While in court, Bonnie, the prosecutor (district attorney), may refer to the defendant,
Kim, as a “criminal” and a “thief”. Bonnie will not be liable for any injury her statements
cause Kim, because her statements are covered by ______________.
6. What is the term for a distinctive mark, motto, device, or emblem that a
manufacturer/factory stamps, prints, or otherwise affixes to its products or goods?
7. If Shelly sues Ken and the jury awards damages to Shelly after trial in the federal court,
then Ken may file his appeal in _________________.
8. If Sandy lives in California, and she wants to sue Barbara, who lives in Oregon, for
$100,000, there is __________________________; and Sandy may file her lawsuit in the
9. Immediately after both plaintiff and defendant have filed their pleadings, which motion
would be filed by the defendant if there are no facts in dispute and the case may be
decided by the judge on an issue of law?
WORD BANK: (questions 10-16)
defense of others
defense of property
10. While Karla was present, Beth spoke and accused Jim of embezzling money from the
company, when in fact the bank has made a mistake in its calculations. What tort has
11. Generally, when a plaintiff sues a defendant for an unintentional tort (negligence), the
plaintiff will not be able to recover ________________ damages that are intended to
punish the defendant.
12. Alice parks her car and goes into a store. Upon Alice’s return, a tow truck has begun to
take her car away. Alice jumps into the car. Then, it is towed to the storage lot. There is
a fierce guard dog that patrols the lot. Alice must stay in the car. She cannot get out of
the car for over one hour. Alice sues the towing company. For what tort will she claim
13. Katie is walking on the street when a man wearing a mask pulls out a knife and demands
her purse and jewelry. Katie feels personally threatened by the knife and hostile man, so
she kicks him and runs. While Katie has committed a tort, what defense may protect her
14. Jenny is riding the bus. Her backpack is on the seat beside her. Kristie takes her
backpack and runs for the exit. Jenny manages to run after Kristie and give her a good
shove (push). Kristie falls down. If Jenny is sued for battery, what defense may she
raise to avoid liability?
15. If Glenn takes Harry’s cell phone as a practical joke and holds on to it, what tort has been
16. Joe is ready to throw a punch. He shakes his fist in front of Mel’s face and says he’s
going to hurt Mel. With what tort may Mel charge Joe?
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