Chapter 5

Court Procedures

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 Chapter Introduction

• American and English courts follow the adversarial system of

justice.
• Although parties are allowed to represent themselves in court, most
parties do not, because they lack the legal expertise and knowledge of
court procedures that lawyers possess.
• Typically, the parties hire attorneys to represent them.
• Each lawyer acts as his or her client’s advocate, and presents his or her client’s version of
the facts in such a way as to convince the judge (or the judge and jury, in a jury trial) that
this version is correct.

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 5-1 Procedural Rules

• The parties to a lawsuit must comply with the procedural rules of the court in
which the lawsuit is filed.
• Procedural rules:
• Provide a framework for every dispute and specify what must be done at each stage of
the litigation process
• Have a significant impact on a person’s ability to pursue a legal claim
• Are complex
• Vary from court to court
• Vary from state to state
• Federal Rules of Civil Procedure (FRCP) – The rules controlling
procedural matters in civil trials brought before the federal district courts.

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 5-1a Stages of Litigation

• Broadly speaking, the litigation process has three phases:

1. Pretrial
2. Trial
3. Posttrial
• Each phase involves specific procedures.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Exhibit 5-1 Stages in a Typical Lawsuit

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 5-1b Hire an Attorney (slide 1 of 2)

• The first step taken by almost anyone contemplating a lawsuit is

to seek the guidance of a licensed attorney.
• For her or his client, an attorney will:
• Provide advice as to what can be expected in a lawsuit
• State the probability of success at trial
• State the procedures that will be involved
• Discuss the advantages and disadvantages of filing in a particular court if more than
one court would have jurisdiction over the matter
• Indicate how long it will take to resolve the dispute through litigation in a particular
court
• Provide an estimate of the costs involved
• Give the total amount of legal fees owed
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 5-1b Hire an Attorney (slide 2 of 2)
Types of Attorneys’ Fees
• For a particular legal matter, an attorney may charge one or a combination of the following
three types of fees:
1. Fixed fees
2. Hourly fees
3. Contingency fees

Settlement Considerations
• The amount of resources an attorney will spend on a given case is affected by the time and
funds the client wishes to devote to the process.
• Due to the substantial costs that litigation entails, a client may decide to pursue a settlement of the
claim.
• Another important consideration in deciding whether to pursue litigation is the defendant’s
ability to pay the damages sought.
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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2 Pretrial Procedures

• The pretrial litigation process involves:

• The filing of the pleadings
• Pretrial motions
• The gathering of evidence (called discovery)
• Possibly other procedures
• Examples: A pretrial conference, jury selection

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 5-2a The Pleadings (slide 1 of 5)

• Pleadings – Formal statements made by the plaintiff and the

defendant in a lawsuit that detail the facts, allegations, and
defenses involved in the litigation.
• The complaint and answer are part of the pleadings.

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 5-2a The Pleadings (slide 2 of 5)

The Plaintiff’s Complaint

• Complaint – The pleading made by a plaintiff alleging
wrongdoing on the part of the defendant; the document that,
when filed with a court, initiates a lawsuit.
• The complaint contains statements or allegations concerning the
following:
1. Jurisdiction (facts showing that the particular court has subject-matter
and personal jurisdiction)
2. Legal theory (the facts establishing the plaintiff’s claim and basis for relief)
3. Remedy (the remedy, such as an amount of damages, that the plaintiff is
seeking)
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Exhibit 5-2 A Typical Complaint

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2a The Pleadings (slide 3 of 5)

• Before the lawsuit can begin, the plaintiff must deliver, or serve, a
copy of the complaint and a summons.
• Service of process – The delivery of the complaint and summons to a
defendant.
• Summons – A document informing a defendant that a legal action has
been commenced against him or her and that the defendant must appear
in court on a certain date to answer the plaintiff’s complaint.
• The document is delivered by a sheriff or any other person so authorized.
• The summons notifies the defendant that he or she must file an answer to the
complaint within a specified time period or suffer a default judgment against him or
her.
• Default judgment – A judgment entered by a court against a defendant who has failed to
appear in court to answer or defend against the plaintiff’s claim.
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 5-2a The Pleadings (slide 4 of 5)

• How service of process occurs depends on the rules of the court

or jurisdiction in which the lawsuit is brought.
• Under the FRCP, anyone who is at least eighteen years of age and is not
a party to the lawsuit can serve process in federal court cases.
• In state courts, the process server is often a county sheriff or an employee
of an independent company that provides process service in the local area.
• For corporate defendants, the summons and complaint may be served on
an officer or on a registered agent (representative) of the corporation.
• The FRCP and many states’ rules allow defendants to waive
formal service of process, provided that certain procedures are
followed.
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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2a The Pleadings (slide 5 of 5)

The Defendant’s Response

• Answer – Procedurally, a defendant’s response to the plaintiff’s
complaint.
• In an answer, the defendant either admits or denies each of the allegations
in the complaint and may also set forth defenses to those allegations.
• Any allegations that are not denied by the defendant will be deemed by the court to
have been admitted.
• A defendant can also raise an affirmative defense or file a counterclaim.
• Affirmative defense – A response to a plaintiff’s claim that does not deny the plaintiff’s
facts but attacks the plaintiff’s legal right to bring an action.
• Example: The running of the statute of limitations
• Counterclaim – A claim made by a defendant in a civil lawsuit that, in effect, sues the
plaintiff.
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 5-2b Dismissals and Judgments before Trial
(slide 1 of 3)

• Many procedural avenues for disposing of a case without a trial

involve one or the other party’s attempts to get the case
dismissed through the use of various motions.
• Motion – A procedural request or application presented by an attorney to
the court on behalf of a client.
• When a motion is filed with the court, the filing party must also
provide the opposing party with a notice of motion, which informs
the opposing party that the motion has been filed.
• Pretrial motion – A written or oral application to a court for a
ruling or order, made before trial.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Exhibit 5-3 Pretrial Motions
Motion to Dismiss A motion (normally filed by the defendant) that asks the
court to dismiss the case for a specified reason, such as
lack of personal jurisdiction or failure to state a claim
Motion to Strike A defendant’s motion asking the court to strike (delete or
remove) certain paragraphs from the complaint to better
clarify the issues in dispute
Motion to Make More Definite or Certain A motion by the defendant when the complaint is vague
that asks the court to compel the plaintiff to clarify the
cause of action
Motion for Judgment on the Pleadings A motion by either party asking the court to enter
judgment in his or her favor based on the pleadings
because there are no facts in dispute
Motion to Compel Discovery A motion asking the court to force the nonmoving party
to comply with a discovery request
Motion for Summary Judgment A motion asking the court to enter a judgment in his or
her favor without a trial
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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2b Dismissals and Judgments before Trial
(slide 2 of 3)

Motion to Dismiss
• Motion to dismiss – A pleading in which a defendant asserts that the plaintiff’s claim fails to
state a cause of action (that is, has no basis in law) or that there are other grounds on which
a suit should be dismissed.
• If the judge grants the motion to dismiss, the plaintiff generally is given time to file an amended
complaint.
• If the judge denies the motion, the suit will go forward, and the defendant must then file an answer.
• The court can also dismiss a case on its own motion.

Motion for Judgment on the Pleadings

• Motion for judgment on the pleadings – A motion by either party to a lawsuit at the close
of the pleadings requesting the court to decide the issue solely on the pleadings without
proceeding to trial.
• The motion will be granted only if no facts are in dispute.
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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2b Dismissals and Judgments before Trial
(slide 3 of 3)

Motion for Summary Judgment

• Motion for summary judgment – A motion requesting the court
to enter a judgment without proceeding to trial.
• The motion can be based on evidence outside the pleadings and will be
granted only if no facts are in dispute.
• The evidence may consist of affidavits or copies of documents, such as contracts,
e-mails, and letters obtained during discovery.
• Affidavit – A written voluntary statement of facts, confirmed by the oath or affirmation of
the party making it and made before a person having the authority to administer the oath
or affirmation.
• The evidence must be admissible—that is, evidence that the court would allow to be
presented during the trial.

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 5-2c Discovery (slide 1 of 6)
• Discovery – A phase in the litigation process during which the opposing parties may obtain
information from each other and from third parties prior to trial.
• Discovery prevents surprises at trial by giving both parties access to evidence that might
otherwise be hidden.
• This allows the litigants to learn as much as they can about what to expect at a trial before they
reach the courtroom.

Discovery Rules
• Generally, discovery is allowed regarding any matter that is relevant to the claim or defense
of any party.
• Only information that is relevant to the case at hand—or likely to lead to the discovery of
relevant information—is discoverable.
• If a discovery request involves privileged or confidential business information, a court can deny the
request and can limit the scope of discovery in a number of ways.
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 5-2c Discovery (slide 2 of 6)

Depositions
• Deposition – The testimony of a party to a lawsuit or of a witness taken
under oath before a trial.
• A deposition:
• Gives an attorney the opportunity to ask immediate follow-up questions and to evaluate
how witnesses will conduct themselves at trial
• Can be employed in court to impeach a party or a witness who changes his or her
testimony at a trial
• Impeach – To challenge the credibility of a person’s testimony or attempt to discredit a party or
witness.
• Can be used as testimony if the witness is not available at trial

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2c Discovery (slide 3 of 6)

Interrogatories
• Interrogatories – A series of written questions for which written answers are
prepared and then signed under oath by a party to a lawsuit, usually with the
assistance of the party’s attorney.
• There are many differences between interrogatories and written depositions.
• Interrogatories are directed to a party to the lawsuit (the plaintiff or the defendant), not to
a witness.
• Whereas depositions elicit candid answers not prepared in advance, interrogatories are
designed to obtain accurate information about specific topics.
• The scope of interrogatories is broader because parties are obligated to answer
questions.

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 5-2c Discovery (slide 4 of 6)
Requests for Admissions
• One party can serve the other party with a written request for an admission of the truth of
matters relating to the trial.
• Any fact admitted under such a request is conclusively established as true for the trial.

Requests for Documents, Objects, and Entry upon Land

• A party can gain access to documents and other items not in his or her possession in order
to inspect and examine them.
• A party can gain “entry upon land” to inspect the premises.

Requests for Examinations

• When the physical or mental condition of one party is in question, the opposing party can
ask the court to order a physical or mental examination by an independent examiner.
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 5-2c Discovery (slide 5 of 6)
Electronic Discovery
• The federal rules and most state rules (as well as court decisions) specifically allow
individuals to obtain discovery of electronic “data compilations.”
• E-evidence – A type of evidence that consists of computer-generated or electronically
recorded information, including:
• E-mail
• Voice mail
• Spreadsheets
• Word-processing documents
• Other data
• Metadata – Data that are automatically recorded by electronic devices on their hard drives
and that provide information about who created a file and when, and who accessed,
modified, or transmitted it.
• Metadata can be described as “data about data.”
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 5-2c Discovery (slide 6 of 6)
• Although traditional interrogatories and depositions are used to find out whether e-evidence
exists, a party usually must hire an expert to retrieve the evidence in its electronic format.
• Electronic discovery has significant advantages over paper discovery.
• Electronic versions of documents, e-mail, and text messages can provide useful—and often quite
damaging—information about how a particular matter progressed over several weeks or months.
• E-discovery can uncover the proverbial smoking gun that will win the lawsuit.
• Electronic discovery also has disadvantages.
• It is time consuming and expensive.
• It can be challenging to preserve e-evidence from a vast number of sources.
• Spoliation of evidence, in which a document or information that is required for discovery is
destroyed or altered significantly, may occur.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-2d Pretrial Conference

• After discovery has taken place and before the trial begins, the
attorneys may meet with the trial judge in a pretrial conference.
• The purpose of a pretrial conference is to explore the possibility of a
settlement without trial and, if this is not possible, to identify the matters in
dispute and to plan a course of the trial.
• In particular, the parties may attempt to establish ground rules to restrict the number
of expert witnesses or discuss the admissibility or costs of certain types of evidence.

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 5-2e The Right to a Jury Trial

• The Seventh Amendment to the U.S. Constitution guarantees the

right to a jury trial for cases at law in federal courts when the
amount of controversy exceeds $20.
• Most states have similar guarantees in their own constitutions.
• Many cases are tried without a jury.
• In most states and in federal courts, one of the parties must
request a jury, or the judge presumes the parties waive this right.
• If there is no jury, the judge determines the truth of the facts alleged in the
case.

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 5-2f Jury Selection

• Before a jury trial commences, a panel of jurors must be selected.

• Most civil trials are heard by six-person juries.
• Voir dire – A French phrase meaning, literally, “to see, to speak” that refers
to the jury-selection process.
• In voir dire, the attorneys question prospective jurors to determine whether they are
biased or have any connection with a party to the action or with a prospective witness.
• During voir dire, a party may challenge a certain number of prospective jurors
peremptorily—that is, ask that an individual not be sworn in as a juror without providing
any reason—or a party may challenge a prospective juror for cause—that is, provide a
reason why an individual should not be sworn in as a juror.
• If the judge grants the challenge, the individual is asked to step down.
• However, a prospective juror may not be excluded by the use of discriminatory
challenges, such as those based on racial criteria or gender.

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 5-3 The Trial

• Various rules and procedures govern the trial phase of the

litigation process, such as:
• What kind of evidence will or will not be admitted during the trial
• Specific procedures that the participants in the lawsuit must follow

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 5-3a Opening Statements

• Opening statement – A statement made to the jury at the

beginning of a trial by a party’s attorney, prior to the presentation
of evidence.
• The attorney briefly outlines the evidence that will be offered and the legal
theory that will be pursued.

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 5-3b Rules of Evidence
• Rules of evidence – Rules governing the admissibility of evidence in trial courts.
• There are a series of rules that the courts have created to ensure that any evidence
presented during a trial is fair and reliable.

Evidence Must Be Relevant to the Issues

• Relevant evidence – Evidence tending to make a fact at issue in the case more or less
probable than it would be without the evidence.
• Only relevant evidence is admissible in court.

Hearsay Evidence Is Not Admissible

• Hearsay – An oral or written statement made out of court that is later offered in court by a
witness (not the person who made the statement) to prove the truth of the matter asserted in
the statement.
• Hearsay is generally inadmissible as evidence.
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 5-3c Examination of Witnesses
and Potential Motions (slide 1 of 4)
• The presentation of the plaintiff’s case is as follows:
1. The plaintiff’s attorney begins the presentation of the plaintiff’s case by calling the first
witness for the plaintiff and examining, or questioning, the witness.
• Direct examination – The examination of a witness by the attorney who calls the witness to
the stand at trial to testify on behalf of the attorney’s client.
2. After the plaintiff’s attorney is finished, the witness is subjected to questioning by the
defendant’s attorney.
• Cross-examination – The questioning of an opposing witness during a trial.
3. The plaintiff’s attorney has another opportunity to question the witness in redirect
examination.
4. The defendant’s attorney may follow the redirect examination with a recross-
examination.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-3c Examination of Witnesses
and Potential Motions (slide 2 of 4)
Expert Witnesses
• As part of their cases, both the plaintiff and the defendant may present
testimony from one or more expert witnesses.
• An expert witness is a person who, by virtue of education, training, skill, or experience,
has scientific, technical, or other specialized knowledge in a particular area beyond that
of an average person.
• Expert witnesses include:
• Forensic scientists
• Physicians
• Psychologists
• Normally, witnesses can testify only about the facts of a case—that is, what
they personally observed; however, expert witnesses can offer their opinions
and conclusions about the evidence in that field.
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 5-3c Examination of Witnesses
and Potential Motions (slide 3 of 4)
Possible Motion and Judgment
• Motion for a judgment as a matter of law – In a federal court, a
party’s request that the judge enter a judgment in her or his favor
before the case is submitted to a jury because the other party has
not presented sufficient evidence to support the claim.
• The state courts refer to this request as a motion for a directed verdict.
• Motions for a judgment as a matter of law are seldom granted at this
stage of a trial.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-3c Examination of Witnesses
and Potential Motions (slide 4 of 4)
Defendant’s Evidence
• The presentation of the defendant’s case is as follows:
1. The defendant’s attorney presents the evidence and calls and examines witnesses for
the defendant’s case.
2. The plaintiff’s attorney has the right to cross-examine the witnesses, and there may be a
redirect examination and possibly a recross-examination.
3. After the defendant’s attorney has finished introducing evidence, the plaintiff’s attorney
can present a rebuttal.
• Rebuttal – The refutation of evidence introduced by an adverse party’s attorney.
4. The defendant’s attorney can, in turn, refute that evidence in a rejoinder.
• Rejoinder – The defendant’s answer to the plaintiff’s rebuttal.

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 5-3d Closing Arguments,
Jury Instructions, and Verdict (slide 1 of 2)
• Closing argument – An argument made at a trial after the plaintiff and defendant have
rested their cases.
• Closing arguments are made prior to the jury charges.
• In the closing argument, each attorney summarizes the facts and evidence presented during the
trial and indicates why the facts and evidence support his or her client’s claim.
• In addition to generally urging a verdict in favor of the client, the closing argument typically reveals
the shortcomings of the points made by the opposing party during the trial.

Jury Instructions
• After closing arguments are completed, the judge instructs the jury in the law that applies to
the case.
• These instructions are often called charges.
• The jury then retires to the jury room to deliberate a verdict.

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 5-3d Closing Arguments,
Jury Instructions, and Verdict (slide 2 of 2)
• Juries are instructed on the standard of proof they must apply to the case.
• In most civil cases, the standard of proof is a preponderance of the evidence—that is, the plaintiff
need only show that her or his factual claim is more likely to be true than the defendant’s.
• In a criminal trial, the prosecution has a higher standard of proof to meet—it must prove its case
beyond a reasonable doubt.

Verdict
• Once the jury has reached a decision, it issues a verdict in favor of one party.
• Verdict – A formal decision made by a jury.
• The verdict specifies the jury’s factual findings.
• In some cases, the jury also decides on the amount of the award (the compensation to be
paid to the prevailing party).
• The announcement of the verdict marks the end of the trial itself, and the jurors are
dismissed.
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 5-4 Posttrial Motions

• After the jury has rendered its verdict, either party may make a
posttrial motion.
• The prevailing party usually requests that the court enter a judgment in
accordance with the verdict.
• The nonprevailing party frequently files a motion for a new trial or a motion
for judgment N.O.V.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-4a Motion for a New Trial

• At the end of the trial, the losing party may make a motion to set
aside the adverse verdict and any judgment and to hold a new
trial.
• Motion for a new trial – A motion asserting that the trial was so
fundamentally flawed (because of error, newly discovered evidence,
prejudice, or other reason) that a new trial is necessary to prevent a
miscarriage of justice.

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Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-4b Motion for Judgment N.O.V.

• If the losing party’s attorney has previously moved for a judgment

as a matter of law, then the losing party’s attorney can make a
second motion for a judgment as a matter of law.
• Motion for judgment N.O.V. – A motion requesting the court to grant
judgment in favor of the party making the motion on the ground that the
jury verdict against him or her was unreasonable and erroneous.
• If the judge grants the motion, then the jury’s verdict will be set aside, and a
judgment will be entered in favor of the losing party.
• If the motion is denied, the losing party may then appeal the case.

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 5-5 The Appeal

• Either party may appeal not only the jury’s verdict but also the
judge’s ruling on any pretrial or posttrial motion.
• However, a party must have legitimate grounds to file an appeal (some
legal error).
• Few trial court decisions are reversed on appeal.

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 5-5a Filing the Appeal (slide 1 of 2)

• If the nonprevailing party decides to appeal the verdict, the

following steps occur:
1. The nonprevailing party’s attorney must file a notice of appeal with the
clerk of the trial court within a prescribed period of time.
• The nonprevailing party then becomes the appellant or petitioner.
2. The clerk of the trial court sends to the reviewing court (usually an
intermediate court of appeals) the record on appeal.
• The record contains all the pleadings, motions, and other documents filed with the
court and a complete written transcript of the proceedings, including testimony,
arguments, jury instructions, and judicial rulings.

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 5-5a Filing the Appeal (slide 2 of 2)

3. The appellant’s attorney will file an appellate brief with the reviewing
court.
• Brief – A formal legal document submitted to an appellate court when a case is
appealed.
• The appellate brief outlines:
• The facts and issues of the case
• The judge’s rulings or jury’s findings that should be reversed or modified
• The applicable law
• The arguments on the client’s behalf
4. The appellee usually files an answering brief.
5. The reviewing court then considers the case.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-5b Appellate Review

• A court of appeals reviews the record for errors of law.

• After reviewing a case, an appellate court issues a written opinion that either:
• Affirms the trial court’s decision
• Reverses the trial court’s judgment if it concludes that the trial court erred or that the
jury did not receive proper instructions
• Remands (sends back) the case to the trial court for further proceedings consistent
with its opinion on the matter
• Affirms or reverses a decision in part
• Example: The court might affirm the jury’s findings that the defendant was negligent but
remand the case for further proceedings on another issue.
• Modifies a lower court’s decision
• Example: The court may decide that the jury awarded an excessive amount in damages
and reduce the amount.
Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-5c Higher Appellate Courts

• If the reviewing court is an intermediate appellate court, the losing

party may decide to appeal the decision to the state’s highest
court, usually called its supreme court.
• However, state supreme courts generally deny most petitions for appeal.
• If the petition for review is granted, new briefs must be filed
before the state supreme court, and the attorneys may be
allowed or requested to present oral arguments.
• The state supreme court can reverse or affirm the lower appellate
court’s decision and remand the case.
• At this point, the case typically has reached its end.
Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-6 Enforcing the Judgment

• The uncertainties of the litigation process are compounded by the

lack of guarantees that any judgment will be enforceable.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-6a Requesting Court Assistance
in Collecting the Judgment
• If the losing party does not have the funds available to pay the
judgment, the prevailing party can go back to the court and
request that the court issue a writ of execution.
• Writ of execution – A court’s order, after a judgment has been entered
against the debtor, directing the sheriff to seize (levy) and sell any of the
debtor’s nonexempt real or personal property.
• The proceeds of the sale are used to pay off the judgment, accrued interest, and
costs of the sale.
• Any surplus is paid to the debtor.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 5-6b Availability of Assets

• Usually, one of the factors considered by the plaintiff and his or

her attorney before a lawsuit is initiated is whether the defendant
has sufficient assets to cover the amount of damages sought.
• During the discovery process, attorneys routinely seek
information about the location of the defendant’s assets that
might potentially be used to satisfy a judgment.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Appendix

Note to Instructor:
The following activities are also included at the end of each chapter.
We have provided them here to aid with in-class facilitation.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Practice and Review: Court Procedures
• Ronald Metzgar placed his fifteen-month-old son, Matthew, awake and healthy, in his
playpen.
• Ronald left the room for five minutes and on his return found Matthew lifeless.
• A toy block had lodged in the boy’s throat, causing him to choke to death.
• Ronald called 911, but efforts to revive Matthew were to no avail.
• There was no warning of a choking hazard on the box containing the block.
• Matthew’s parents hired an attorney and sued Playskool, Inc., the manufacturer of the block,
alleging that the manufacturer had been negligent in failing to warn of the block’s hazard.
• Playskool filed a motion for summary judgment, arguing that the danger of a young child’s
choking on a small block was obvious.

Using the information presented in the chapter, answer the following questions.

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Practice and Review: Questions (slide 1 of 4)

1. Suppose that the attorney the Metzgars hired agreed to

represent them on a contingency-fee basis. What does that
mean?

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Practice and Review: Questions (slide 2 of 4)

2. How would the Metzgars’ attorney likely have served process

(the summons and complaint) on Playskool, Inc.?

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Practice and Review: Questions (slide 3 of 4)

3. Should Playskool’s request for summary judgment be granted?

Why or why not?

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Practice and Review: Questions (slide 4 of 4)

4. Suppose that the judge denied Playskool’s motion and the case
proceeded to trial. After hearing all the evidence, the jury found
in favor of the defendant. What options do the plaintiffs have at
this point if they are not satisfied with the verdict?

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
 Debate This…

Some consumer advocates argue that attorneys’ high contingency

fees—sometimes reaching 40 percent—unfairly deprive winning
plaintiffs of too much of their awards. Should the government cap
contingency fees at, say, 20 percent of the award? Why or why not?

Cross/Miller, The Legal Environment of Business: Text and Cases, Eleventh Edition. © 2021 Cengage. All Rights
Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.