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Question 1
Bill and John have been involved in a motor vehicle collision that only involved two motor vehicles. Bill sues John in state court for negligence, where both admit that a blue car hit Bill's sedan and that John was driving the blue car that hit Bill's sedan. The case is tried before a judge, that is, there is no jury, and the judge rules that an unidentified maroon minivan hit Bill's sedan and, therefore, John is not liable. Bill appeals to the appellate court. How is the appellate court likely to rule?
Correct
Incorrect!
Correct
Incorrect!
Correct The trial court is the forum in which facts are determined. Where, as here, it is a bench trial and the judge is the trier of fact, the judge will decide any disputes of material fact. Because Bill and John do not disagree that John's sedan hit Bill's motor vehicle and that only two vehicles were involved in the collision, the trial court abused its discretion by ruling that an unidentified motorist was involved in the collision.
Incorrect! The trial court is the forum in which facts are determined. Where, as here, it is a bench trial and the judge is the trier of fact, the judge will decide any disputes of material fact. Because Bill and John do not disagree that John's sedan hit Bill's motor vehicle and that only two vehicles were involved in the collision, the trial court abused its discretion by ruling that an unidentified motorist was involved in the collision.
Question 2
Mary, who lives in California, has received a decision by the United States District Court for Iowa and does not agree. In most cases, where may Mary appeal the decision?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Decisions from the United States District Court for Iowa are appealed to the United States Court of Appeals for the Eighth Circuit. See 28 U.S.C. ' 41.
Incorrect! Decisions from the United States District Court for Iowa are appealed to the United States Court of Appeals for the Eighth Circuit. See 28 U.S.C. ' 41.