Stephen MarloManagement 3540Chapter 3 Lab Questions3.1a) Spencer has filed the lawsuit against Tracy b) He must state something that Tracy has done that makes Tracy the cause of the accident or played a part against Spencer during the accident. Her lawyer should file a counterclaim against Spencer.3.2The defendant is asking the court to dismiss the complaints against them, which would end the lawsuit. Reasons for a motion to dismiss are lack of personal jurisdiction, which means that the trial is not taking place where the defendant is form or practices business. The venue may not be suitable for the trial, failure to properly state a claim, or if the court lacks proper jurisdiction or is not authorized tohear the case, such as if the amount of money is not high enough.3.3)a) He is required to file an answer or responsive motion with the courtb) A default judgment will be entered claiming Bruce guilty to all points on the petitionc) The lawsuit will not continue, there must be a deputy sheriff or a private process server able to find him to serve him the summons.3.4a) Interrogatoriesb) Depositionc) Requests for admissiond) Requests for production3.5Phase one of a lawsuit is the initial pleading, here a complaint is filed and a summons is served to the defendant who then must response with an answer such as a counterclaim. Phase two is the Discovery, which is when information is gatheredprior to the case. Phase three is pretrial motions which are requests filed with the court before the trial in order to clarify issues in the case. Phase four is the trial where the parties present their case and argue it before a judge or jury who will decide the case. Phase five is Post-Trial Motions, which ask the court for a reversal oralteration of the verdict by requesting a new trial (motion for new trial). Phase six is The Appeal, which is the response from the defendant asking an appellate court to reverse or amend the judgment.3.6a) He should file a motion to dismiss stating that during the deposition, no one who was called on to be questioned had a medical degree therefore their statements are not valid and should not be considered in determining the verdict.b) The lawyer should present a motion for directed verdict because the evidence presented was not valid to support the cause of action because none of the witnesses were certified doctors.c) The lawyer should motion for judgment n.o.v. because the jury’s decision lacked evidentiary support, none of the witnesses were certified doctors.3.7a) The opening statement happens at the beginning of the trial. This is the statementsummarizing the evidence to be used the plaintiff goes on to tell the jury the evidence that supports her position in the case, the closing argument happens at the end of the trial after the rebuttal. This is when the parties summarize their cases for the jury stating why each party should win the case.3.8a) The standard of “preponderance of the evidence” in a civil trial make it harder to prove a case then a criminal case because the strength and validity of the evidence presented relies on the opinion of the judge or jury hearing the case. This is a subjective standard so it may be harder to prove ones case because sufficient evidence is necessary.b) This difference exists because opinions become involved in civil cases because it is not necessarily the law so sufficient evidence must be presented. In a criminal case, the verdict is relatively easier to make because as long as one piece of evidence about the defendant is proven, then he will lose the case and go to jail.c) Yes I agree with the difference because in a civil case there must be a lot of evidence in supporting their claim where as in a criminal case one piece of evidence or one witness statement can decide the verdict.1) 12) 13) 14) 25) 46)