Question 1

A pretrial hearing is also known as a settlement conference.

Accepted Answer

A) True 
 B)False

Question 2

The statute of limitations establishes the period within which ________.

Accepted Answer

A)  a plaintiff must bring a lawsuit against a defendant 
B)  a defendant must file a written answer against a plaintiff's complaint 
C)  a defendant can file a cross-complaint against the plaintiff 
D)  a motion for judgment on the pleadings can be made by either party 
A)  a plaintiff must bring a lawsuit against a defendant 
B)  a defendant must file a written answer against a plaintiff's complaint 
C)  a defendant can file a cross-complaint against the plaintiff 
D)  a motion for judgment on the pleadings can be made by either party

Question 3

A(n)________ is a hearing before a trial in order to facilitate the settlement of a case.

Accepted Answer

settlement

Question 4

________ asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case.

Accepted Answer

Motion for

Question 5

The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.

Accepted Answer

The answer of The process whereby the judge and attorneys...

Question 6

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

Accepted Answer

A)  motion for judgment on the pleadings 
B)  motion for summary judgment 
C)  motion for judgment notwithstanding the verdict 
D)  motion to set aside judgment 
A)  motion for judgment on the pleadings 
B)  motion for summary judgment 
C)  motion for judgment notwithstanding the verdict 
D)  motion to set aside judgment

Question 7

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

Accepted Answer

A)  remittitur 
B)  judgment notwithstanding the verdict 
C)  motion for summary judgment 
D)  motion for judgment on the pleadings 
A)  remittitur 
B)  judgment notwithstanding the verdict 
C)  motion for summary judgment 
D)  motion for judgment on the pleadings

Question 8

What is cross-examination?

Accepted Answer

A)  inspection of evidence by the trier of facts 
B)  prospective jurors being questioned by the judge or lawyers of each party 
C)  witnesses being questioned by the plaintiff's attorney 
D)  witnesses being questioned by the defendant's attorney 
A)  inspection of evidence by the trier of facts 
B)  prospective jurors being questioned by the judge or lawyers of each party 
C)  witnesses being questioned by the plaintiff's attorney 
D)  witnesses being questioned by the defendant's attorney

Question 9

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

Accepted Answer

A) True 
 B)False

Question 10

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

Accepted Answer

The answer of ________ is a form of negotiation in...

Question 11

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Accepted Answer

A)  Consolidation 
B)  Trial of fact 
C)  Voir dire 
D)  Intervention 
A)  Consolidation 
B)  Trial of fact 
C)  Voir dire 
D)  Intervention

Question 12

If the defendant does not answer the complaint, a default judgment is entered against him or her.

Accepted Answer

A) True 
 B)False

Question 13

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

Accepted Answer

A) True 
 B)False

Question 14

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

Accepted Answer

A) True 
 B)False

Question 15

What is jury deliberation?

Accepted Answer

A)  jurors re-questioning a particular witness from one of the parties 
B)  jurors considering the evidence and attempting to reach a decision 
C)  jury and the judge disagreeing on the outcome of the case 
D)  jurors being replaced in case of illness or disqualification 
A)  jurors re-questioning a particular witness from one of the parties 
B)  jurors considering the evidence and attempting to reach a decision 
C)  jury and the judge disagreeing on the outcome of the case 
D)  jurors being replaced in case of illness or disqualification

Question 16

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Accepted Answer

A)  Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B)  If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. 
C)  A nonbinding arbitration takes place at a court, in the presence of the jury. 
D)  A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts. 
A)  Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B)  If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. 
C)  A nonbinding arbitration takes place at a court, in the presence of the jury. 
D)  A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Question 17

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Accepted Answer

A)  motion for summary judgment 
B)  motion for judgment on the pleadings 
C)  motion for a directed verdict 
D)  motion for judgment notwithstanding the verdict 
A)  motion for summary judgment 
B)  motion for judgment on the pleadings 
C)  motion for a directed verdict 
D)  motion for judgment notwithstanding the verdict

Question 18

Briefly explain the steps involved in the pretrial litigation process.

Accepted Answer

To initiate a lawsuit, the plaintiff mus

Question 19

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant is known as ________.

Accepted Answer

The answer of A lawsuit where a group of plaintiffs...

Question 20

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

Accepted Answer

A)  The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. 
B)  The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. 
C)  The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D)  Breach of contract cases and tort claims are not candidates for arbitration as per the FAA. 
A)  The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. 
B)  The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. 
C)  The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D)  Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Exam 4: Judicial, Alternative, and E-Dispute Resolution

A pretrial hearing is also known as a settlement conference.

The statute of limitations establishes the period within which ________.

A(n)________ is a hearing before a trial in order to facilitate the settlement of a case.

________ asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case.

The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

What is cross-examination?

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

If the defendant does not answer the complaint, a default judgment is entered against him or her.

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

What is jury deliberation?

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Briefly explain the steps involved in the pretrial litigation process.

A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant is known as ________.

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

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