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

The decision of a jury is known as a judgment.

If a default judgment is entered against the defendant,the plaintiff is not required to prove damages.

The bringing,maintaining,and defense of a lawsuit are generally referred to as precedent.

Very few trial court decisions are reversed,because most findings of fact are supported by the evidence.

The statute of limitations begins to "run" on the date the plaintiff files his or her complaint.

Which of the following pleadings could typically be filed by a defendant in a lawsuit?

What is the chronological order for the major phases of the pretrial litigation process?

We elect House and Senate members to Congress expecting them to make and administer the law.Once elected,these Congressmen and Congresswomen delegate substantial authority to members of administrative agencies allowing them to make and administer law in select areas and scenarios.How do administrative agencies make the government more efficient and effective?

A motion for judgment on the pleadings can be made by either party before the pleadings are complete.

Depositions consist of oral questions answered orally and both parties and witnesses may be deposed.

Expiration of the applicable statute of limitations period is an affirmative defense.

In rare occasions,an appellate court will overturn a jury verdict if the appellate court cannot,from the record of the trial court,find sufficient evidence to support the trier of fact's findings.

A motion for summary judgment 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 defendant's case must rebut the plaintiff's evidence,prove any affirmative defenses asserted by the defendant,and prove any allegations contained in the defendants cross-complaint.

Proceedings before administrative law judges are conducted without a jury.

In deciding a motion for judgment on the pleadings,the judge cannot consider any facts outside the pleadings.

The answer names the parties to the lawsuit,alleges the ultimate facts and law violated,and contains a "prayer for relief" for a remedy to be awarded by the court.

Appeals are made to courts with concurrent jurisdiction regarding the trial court.

A reply brief is a report issued in direct response to questions posed by the judge prior to the appeal.

Interpretive rules issued by an administrative agency are intended to create new law.