Legal Procedures and Terminology Quiz
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Questions and Answers

According to the court's ruling in Oliver v. Swiss Club Tell, what was the basis for reversing the grant of summary judgment for the Swiss Club Tell?

  • The court determined that the Swiss Club Tell was not an unincorporated association
  • The court concluded that the Swiss Club Tell's answer admitted the allegation of being an unincorporated association
  • The court found there was a triable issue of fact as to the Swiss Club Tell's existence (correct)
  • The court relied on public records to establish the Swiss Club Tell's existence

    • What was the argument made by the Swiss Club Tell regarding the denial in their answer?

  • The denial in the answer was not based on information and belief
  • The denial in the answer amounted to an admission of being an unincorporated association (correct)
  • The denial in the answer was based on public records
  • The denial in the answer was irrelevant to the case

    • Why did the court reject the Olivers' attempt to establish the Swiss Club Tell's existence based on the presumptive knowledge any answering defendant would have had from public records?

  • The court believed that public records were not relevant to the case
  • The court concluded that the Swiss Club Tell's existence was not a matter of public record
  • The court found that public records did not affirmatively show the existence of the unincorporated association (correct)
  • The court determined that the Olivers did not have access to public records

    • What was the court's reasoning for rejecting the argument that the existence or nonexistence of the Swiss Club Tell as an unincorporated association is a matter of public record?

    <p>The court believed that the existence or nonexistence of the Swiss Club Tell as an unincorporated association is deniable upon information and belief</p> Signup and view all the answers

    What was the court's response to the assertion that the records showing the existence of a corporation known as the Swiss Club Tell, Inc. would establish the existence or nonexistence of The Swiss Club Tell, an unincorporated association?

    <p>The court failed to see how a perusal of the records would establish the existence or nonexistence of the unincorporated association</p> Signup and view all the answers

    What was the basis for the court's decision to reverse the grant of summary judgment for the Swiss Club Tell?

    <p>There was a triable issue of fact as to the Swiss Club Tell's existence</p> Signup and view all the answers

    What was the court's ruling regarding the denial in the Swiss Club Tell's answer?

    <p>The denial in the answer, upon information and belief, amounted to an admission of being an unincorporated association</p> Signup and view all the answers

    Why did the court reject the Olivers' attempt to establish the Swiss Club Tell's existence by admission in the answer?

    <p>The court found that the Swiss Club Tell's answer did not admit to its existence</p> Signup and view all the answers

    What was the court's response to the argument that the denial in the Swiss Club Tell's answer was not based on information and belief?

    <p>The court disagreed with the argument and found that the denial was not based on information and belief</p> Signup and view all the answers

    What was the court's ruling on the Olivers' attempt to establish the Swiss Club Tell's existence based on the presumptive knowledge any answering defendant would have had from public records?

    <p>The court rejected the attempt and found it insufficient to establish the Swiss Club Tell's existence</p> Signup and view all the answers

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