Exam 3: Judicial, Alternative, and Online Dispute Resolution

Voir dire is a process of selecting individuals to hear specific cases.

One party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial.

An appellate court will not reverse a lower court decision if it finds an error of law in the record.

A default judgment establishes the defendant's:

A defendant's answer usually denies most allegations of a complaint.

Is it reasonable for appellate courts to not hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal.If this is the case,wouldn't justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available,should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury?

A deposition is written questions submitted by one party to a lawsuit to another party.

Potential jurors are selected to hear specific cases through the process of voir dire.

An arbitrator's decision is generally known as a judgment.

Which amendment guarantees the right to a jury trial in a case in federal court?

When the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal,this is known as rejoinder.

A minitrial is a session whereby representatives of each side hear lawyers of each side present their case,which is then often followed by a meeting to negotiate a settlement.

Which of the following motions would allege that if all of the facts presented in the pleadings are taken as true,the party making the motion would win the lawsuit when the proper law is applied to these asserted facts?

What does a motion for summary judgment assert?

A settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case.

Consolidation of cases involves combining two or more separate lawsuits into one lawsuit.

Another name for an appellant is the petitioner.

Susan is part owner of one of the best restaurants in a medium-sized city.This restaurant is operated as a partnership.In October,2004,the local newspaper published a story about Bill,who is Susan's business partner in the restaurant.In this article it is stated that Bill's net worth is several million dollars.About ten days later,Susan receives a summons notifying her that the restaurant is named as the defendant in a negligence case.The plaintiff in the case alleged that she slipped and fell to the floor inside the restaurant near the rear door late one night in December,2002.According to the plaintiff,she slipped on water from snow that had been tracked in and had melted.The plaintiff also alleged that there were no employees or other customers in sight of the back door when the plaintiff slipped and fell,and that she was leaving the restaurant when the accident occurred.The plaintiff did not notify anyone at the restaurant when the accident occurred or at anytime thereafter prior to the filing of the lawsuit.Although the majority of diners at this restaurant make reservations in advance,and pay with a credit card,the restaurant has no records of reservations or payment by the plaintiff.The plaintiff claims to have paid with cash.Susan and Bill have heard about alternative dispute resolution and would like to know more about how it works and about its advantages and disadvantages.If you were the attorney for Susan and Bill,what would you explain to them about mediation and arbitration,including their advantages and disadvantages.What would you recommend to them?

The purpose of a closing argument is to allow an attorney to:

Each party must submit a trial brief at the time of trial that contains legal support for its side of the case.