The Plaintiff Brought a Small Claims Action Against the Defendant

question 8

Multiple Choice

The plaintiff brought a small claims action against the defendant for failing to maintain his premises in a safe condition and won a money judgment in the amount of $163.95.Five months later, the plaintiff brought a second lawsuit against the same defendant in district court alleging the same set of circumstances, but seeking more money.The defendant should make a motion to dismiss on what grounds?

• A) The doctrine of bar and merger (res judicata) prohibits relitigation of the same cause of action between the same parties when a final judgment on the matter has been entered.
• B) It should be dismissed because of double jeopardy under the Constitution.
• C) The statute of limitations expired when the first judgment was entered.
• D) The plaintiff lacks standing under the harmless error doctrine.

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Definitions:

Stock Options

Financial instruments granted to employees, giving them the right to buy the company's stock at a fixed price in the future.

Sales Commissions

Financial rewards given to sales personnel based on the volume or value of sales they have achieved, serving as an incentive.

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