The examination of one's own witness is called direct examination.
a. true
b. false
Answer: a. true
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Roscoe is building a new home. After hours, he invites his friend Jacob to see the home which is in a state of partial construction. While visiting, a roof tile falls from the roof and injures Jacob. Jacob sues the roofing contractor, RoofCo, alleging negligence under a theory of res ipsa loquitur. RoofCo employees were the only ones on the roof earlier that day. In his suit, Roscoe:
a. Will likely not prevail on a theory of res ipsa loquitur because roof tiles regularly fall off roofs without anyone being negligent. b. Will likely not prevail on a theory of res ipsa loquitur because Jacob should have anticipated a roof tile would fall on him. c. Will likely not prevail on the theory of res ipsa loquitur because there is no evidence RoofCo was in exclusive control of the roof. d. Will likely prevail on the theory of res ipsa loquitur because all elements of res ipsa loquitur appear to have been met.
Under a special rule of evidence known as the parol evidence rule, oral evidence of any talks or negotiations between parties prior to the written contract being made would not be admissible in court to alter, vary, or contradict the terms of a written agreement, if the content of those oral discussions is not in the written contract.
a. true b. false
Secondary sources include
A. cases B. treatises, law review articles, and legal periodicals C. legal dictionaries, legal thesaurium, continuing education publications, and restatements D. b and c E. a, b, and c
Serious privacy issues have been raised by the use of electronic dockets and filing. These issues probably would not include:
a. Minor children's names that have been included in the pleadings. b. Revealing the names of the parties seeking divorce. c. Publishing Social Security numbers. d. Redacting or sealing personal information.