Question 1

A deposition can be used at trial.

Accepted Answer

A) True 
 B)False

Question 2

Rent-a-judge facilities are private operations.

Accepted Answer

A) True 
 B)False

Question 3

In mediation,the disputing parties use a third party as a go-between to facilitate negotiations.

Accepted Answer

A) True 
 B)False

Question 4

Spoilation is the destruction of evidence that is needed in a case.

Accepted Answer

A) True 
 B)False

Question 5

Explain the differences between arbitration and litigation.

Accepted Answer

None

Question 6

There is an absolute right to a jury trial in civil cases.

Accepted Answer

A) True 
 B)False

Question 7

Which motion is made after the jury has returned a verdict?​

Accepted Answer

A) ​summary judgment 
B) ​judgment on the pleadings 
C) motion to dismiss 
D) judgment NOV 
A) ​summary judgment 
B) ​judgment on the pleadings 
C) motion to dismiss 
D) judgment NOV

Question 8

Rod does not want money damages as part of his suit.He just wants the encroaching part of the trees removed.Which option would accomplish this for Rod?​

Accepted Answer

A) ​an injunction against Rod's neighbor 
B) ​a remittitur 
C) a judgment on the pleadings 
D) all of the above 
A) ​an injunction against Rod's neighbor 
B) ​a remittitur 
C) a judgment on the pleadings 
D) all of the above

Question 9

Explain the jurisdiction of courts within one nation over businesses from other nations.

Accepted Answer

If the business is operating,e

Question 10

Jane has been dunned by her creditors for payment of her credit card bills."But I have disputes over some of those charges,and I want to go to court under the Fair Credit Billing Act." One of her creditors points out to Jane that there was an arbitration clause in the terms and conditions given to her when she was given her credit card."Credit card rights are given by federal law.I don't have to go to arbitration!"

Accepted Answer

A) Jane is correct; federal credit laws prohibit arbitration. 
B) Jane is incorrect; she can be required to go to arbitration. 
C) Arbitration applies only to Truth-in-Lending Act issues. 
D) none of the above 
A) Jane is correct; federal credit laws prohibit arbitration. 
B) Jane is incorrect; she can be required to go to arbitration. 
C) Arbitration applies only to Truth-in-Lending Act issues. 
D) none of the above

Question 11

Jury consultants are used before,during,and after trial.

Accepted Answer

A) True 
 B)False

Question 12

A motion to dismiss must be filed before an answer is filed.

Accepted Answer

A) True 
 B)False

Question 13

E-mail cannot be obtained during discovery.

Accepted Answer

A) True 
 B)False

Question 14

Flozell Adams is a professional football player formerly with the Dallas Cowboys.He submitted a claim in arbitration against his agent,Roosevelt Barnes (according to the terms of their contract for fees and the union rules for settlement of player disputes with agents).He said Barnes owed him because of overpayment on his contracts that Barnes negotiated for him with the Cowboys.Adams was notified of the binding arbitration hearing date.When he arrived,he said he was unaware of his right to counsel and asked for a postponement of the hearing so that he could retain counsel.His request was denied.The arbitrator found for Barnes for the contract for the eight seasons Adams played for the Cowboys.Barnes did not owe any money to Adams.In fact,the arbitrator found that Adams owed Barnes fees for his contracts for three of the Cowboys' seasons.Adams then filed suit to have the arbitration award set aside because he said the arbitrator was biased and that the arbitrator ignored the statute of limitations on some of the contracts.Which of the following best describes what the court can do about the arbitration award?

Accepted Answer

A) Arbitration awards can be set aside if the finding is inconsistent with the law. 
B) Arbitration awards are rarely set aside. 
C) Arbitration awards can be set aside if the losing party feels the arbitrator was biased. 
D) Arbitration awards can be set aside only after an actual trial is held. 
A) Arbitration awards can be set aside if the finding is inconsistent with the law. 
B) Arbitration awards are rarely set aside. 
C) Arbitration awards can be set aside if the losing party feels the arbitrator was biased. 
D) Arbitration awards can be set aside only after an actual trial is held.

Question 15

Investment banker,Frank Quattrone,sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e-mail was sent when the SEC was investigating Mr.Quattrone's employer,Credit Suisse First Boston.The destruction of the e-mails:

Accepted Answer

A) could constitute spoilation. 
B) could constitute obstruction of justice. 
C) is fine if it is routine. 
D) both a and b 
A) could constitute spoilation. 
B) could constitute obstruction of justice. 
C) is fine if it is routine. 
D) both a and b

Question 16

Injunctions are equitable remedies.

Accepted Answer

A) True 
 B)False

Question 17

Who conducts cross-examination when the defendant is presenting its case?

Accepted Answer

A) the defendant because the defendant always does cross-examination 
B) the plaintiff 
C) the judge because the burden of proof has shifted 
D) none of the above 
A) the defendant because the defendant always does cross-examination 
B) the plaintiff 
C) the judge because the burden of proof has shifted 
D) none of the above

Question 18

The rules of the AAA require the parties to be represented by an attorney.

Accepted Answer

A) True 
 B)False

Question 19

If a judge grants a motion for a judgment NOV,the effect is a reversal of the jury verdict.

Accepted Answer

A) True 
 B)False

Question 20

Mediation is:

Accepted Answer

A) the same as arbitration. 
B) used frequently in international disputes. 
C) regulated by the American Arbitration Association. 
D) none of the above 
A) the same as arbitration. 
B) used frequently in international disputes. 
C) regulated by the American Arbitration Association. 
D) none of the above

A deposition can be used at trial.

Rent-a-judge facilities are private operations.

In mediation,the disputing parties use a third party as a go-between to facilitate negotiations.

Spoilation is the destruction of evidence that is needed in a case.

Explain the differences between arbitration and litigation.

There is an absolute right to a jury trial in civil cases.

Which motion is made after the jury has returned a verdict?

Rod does not want money damages as part of his suit.He just wants the encroaching part of the trees removed.Which option would accomplish this for Rod?

Explain the jurisdiction of courts within one nation over businesses from other nations.

Jury consultants are used before,during,and after trial.

A motion to dismiss must be filed before an answer is filed.

E-mail cannot be obtained during discovery.

Investment banker,Frank Quattrone,sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e-mail was sent when the SEC was investigating Mr.Quattrone's employer,Credit Suisse First Boston.The destruction of the e-mails:

Injunctions are equitable remedies.

Who conducts cross-examination when the defendant is presenting its case?

The rules of the AAA require the parties to be represented by an attorney.

If a judge grants a motion for a judgment NOV,the effect is a reversal of the jury verdict.

Mediation is:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Exam 4: Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

A deposition can be used at trial.

Rent-a-judge facilities are private operations.

In mediation,the disputing parties use a third party as a go-between to facilitate negotiations.

Spoilation is the destruction of evidence that is needed in a case.

Explain the differences between arbitration and litigation.

There is an absolute right to a jury trial in civil cases.

Which motion is made after the jury has returned a verdict?​

Rod does not want money damages as part of his suit.He just wants the encroaching part of the trees removed.Which option would accomplish this for Rod?​

Explain the jurisdiction of courts within one nation over businesses from other nations.

Jury consultants are used before,during,and after trial.

A motion to dismiss must be filed before an answer is filed.

E-mail cannot be obtained during discovery.

Investment banker,Frank Quattrone,sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e-mail was sent when the SEC was investigating Mr.Quattrone's employer,Credit Suisse First Boston.The destruction of the e-mails:

Injunctions are equitable remedies.

Who conducts cross-examination when the defendant is presenting its case?

The rules of the AAA require the parties to be represented by an attorney.

If a judge grants a motion for a judgment NOV,the effect is a reversal of the jury verdict.

Mediation is:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance,Remedies,and Collection

Product Advertising and Liability

Business Competition: Antitrust

Business and Intellectual Property Law

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management of Employee Welfare

Management: Employment Discrimination

Filters

Which motion is made after the jury has returned a verdict?

Rod does not want money damages as part of his suit.He just wants the encroaching part of the trees removed.Which option would accomplish this for Rod?