Delta Stores, Inc., files a suit in a state court against Eagle Computer Corporation, alleging that Eagle breached a contract to sell 500 notebook computers to Delta. During the course of the suit, Delta files a motion for judgment on the pleadings, Eagle files a motion for a directed verdict, and both parties file motions for summary judgment. When and for what purpose are each of these motions made?
What will be an ideal response?
After the pleadings have been filed, either party can file a motion for judgment on the pleadings. This motion may be used when no facts are disputed and, thus, only questions of law are at issue. The difference between this motion and a motion for summary judgment is that the party requesting the motion may support a motion for summary judgment with sworn statements and other materials; on a motion for a judgment on the pleadings, a court may consider only those facts pleaded. At the conclusion of the plaintiff's case, the defendant can file a motion for a directed verdict (federal courts use the term motion for a judgment as a matter of law), asking the court to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to justify the granting of the plaintiff's remedy. In considering the motion, the judge looks at the evidence in the light most favorable to the plaintiff and grants the motion only if there is insufficient evidence to raise an issue of fact. At the end of the defendant's case, either party can move for a directed verdict. If the only question is which laws apply to the facts in a case, either party can move for summary judgment before or during a trial. When a court considers a motion for summary judgment, it can take into account evidence outside the pleadings. The evidence may consist of sworn statements by parties or witnesses, as well as documents. A motion for summary judgment will be granted only when there are no genuine questions of fact, and the only question is a question of law.
You might also like to view...
Costs are transferred from the balance sheet to the income statement as cost of goods sold when ________.
A) finished goods are sold B) goods are transferred from the Work-in-Process Inventory account to the Finished Goods Inventory account C) direct materials, direct labor and manufacturing overhead are transferred to the beginning Work-in- Process Inventory account D) the total of Cost of Goods Manufactured is determined
______ is a type of organizational development intervention, which attempts to increase groups’ awareness or understanding of their behaviors in the workplace.
A. Intergroup development B. Sensitivity training C. Quality of worklife D. Process consultation
Art is interested in incorporating research-based recommendations on how to use monetary rewards effectively. Which of the following is an implementation guideline for the principle of “define and measure performance accurately”?
A. ensure pay levels vary significantly based on performance levels B. distribute reward points that can later be traded for cash, goods, or services C. only promise rewards that are available D. specify what employees are expected to do, as well as what they should refrain from doing
Answer the following statements true (T) or false (F)
The IASB operates within an organizational structure akin to the FASB.