Question 1

If a civil trial results in a hung jury

Accepted Answer

A)  the plaintiff wins. 
B)  the defendant wins. 
C)  the litigants must start the process over and conduct a trial with a new jury. 
D)  this will be grounds for an automatic appeal, and the appellate court will render a final decision. 
A)  the plaintiff wins. 
B)  the defendant wins. 
C)  the litigants must start the process over and conduct a trial with a new jury. 
D)  this will be grounds for an automatic appeal, and the appellate court will render a final decision. C

Question 2

The document served on a defendant along with the complaint that provides actual notice of the lawsuit is called a ____.

Accepted Answer

summons

Question 3

In Bridgestone Americas Holding,Inc.,v.Mayberry,the court had to determine if Bridgestone's trade secret for a particular formula was discoverable.The court decided that

Accepted Answer

A)  whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed. 
B)  because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable. 
C)  the trade secret formula was not discoverable because the case could be proved by the tire's appearance, and disclosure of the trade secret formula was therefore not pertinent. 
D)  if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition. 
A)  whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed. 
B)  because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable. 
C)  the trade secret formula was not discoverable because the case could be proved by the tire's appearance, and disclosure of the trade secret formula was therefore not pertinent. 
D)  if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition. C

Question 4

The last time an attorney addresses a jury is during the

Accepted Answer

A)  closing argument. 
B)  jury instructions. 
C)  deliberations. 
D)  making of a motion for a judgment as a matter of law. 
A)  closing argument. 
B)  jury instructions. 
C)  deliberations. 
D)  making of a motion for a judgment as a matter of law.

Question 5

A trial without a jury is called a ____ trial.

Accepted Answer

The answer of A trial without a jury is called...

Question 6

Albert has sued Tina and received a judgment for $50,000.Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.

Accepted Answer

A) True 
 B)False

Question 7

The American Arbitration Association provides mediation services as well as arbitration services.

Accepted Answer

A) True 
 B)False

Question 8

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a

Accepted Answer

A)  motion for summary judgment. 
B)  motion to dismiss for mistrial. 
C)  motion for a judgment as a matter of law. 
D)  motion to dismiss. 
A)  motion for summary judgment. 
B)  motion to dismiss for mistrial. 
C)  motion for a judgment as a matter of law. 
D)  motion to dismiss.

Question 9

Each stage of litigation is separate and distinct,and each must be completed before the next stage may be started.

Accepted Answer

A) True 
 B)False

Question 10

When the American Arbitration Association receives an application for appointment of an arbitrator,it

Accepted Answer

A)  meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute. 
B)  meets with attorneys from both sides to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute. 
C)  receives a list of suggested arbitrators from both parties and then selects the arbitrator, who informs the parties of the procedures and rules of arbitration. 
D)  appoints a tribunal administrator, who informs the parties of the procedures and rules of arbitration. 
A)  meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute. 
B)  meets with attorneys from both sides to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute. 
C)  receives a list of suggested arbitrators from both parties and then selects the arbitrator, who informs the parties of the procedures and rules of arbitration. 
D)  appoints a tribunal administrator, who informs the parties of the procedures and rules of arbitration.

Question 11

Transcripts of ADR proceedings are required to be available to the public.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following does not result in a decision rendered by a third party?

Accepted Answer

A)  arbitration 
B)  mediation 
C)  summary jury trial 
D)  expert evaluation 
A)  arbitration 
B)  mediation 
C)  summary jury trial 
D)  expert evaluation

Question 13

In American Express v.Italian Colors Restaurant,American Express (Amex)entered into agreements with Italian Colors Restaurant and other merchants that accept American Express credit cards.The agreement required that all disputes be settled through arbitration and prohibited class actions.The merchants filed a class action antitrust claim against Amex,arguing that they should be allowed to bring the claim as a class because the cost of expert analysis to prove the case exceeded the maximum recovery available to an individual merchant plaintiff.How did the U.S.Supreme Court decide?

Accepted Answer

A)  The Court ruled for the merchants because not allowing the case would frustrate the purpose of having antitrust laws. 
B)  The Court ruled in favor of Amex, holding that the Federal Arbitration Act (FA
A)  does not permit courts to invalidate a contract based solely on the grounds that a plaintiff's dispute resolution costs exceed any potential amounts to be recovered. The Court concluded that the FAA reflects the overarching principle that arbitration is a matter of contract and that courts had a responsibility to rigorously enforce arbitration agreements according to their terms. 
C)  The Court ruled for the merchants because the waiver of class arbitration was not voluntary. 
D)  The Court ruled for Amex, holding that it did not violate antitrust laws. 
A)  The Court ruled for the merchants because not allowing the case would frustrate the purpose of having antitrust laws. 
B)  The Court ruled in favor of Amex, holding that the Federal Arbitration Act (FA
A)  does not permit courts to invalidate a contract based solely on the grounds that a plaintiff's dispute resolution costs exceed any potential amounts to be recovered. The Court concluded that the FAA reflects the overarching principle that arbitration is a matter of contract and that courts had a responsibility to rigorously enforce arbitration agreements according to their terms. 
C)  The Court ruled for the merchants because the waiver of class arbitration was not voluntary. 
D)  The Court ruled for Amex, holding that it did not violate antitrust laws.

Question 14

Which of the following is not required in order to show standing to assert a claim?

Accepted Answer

A)  The party must have suffered an injury in fact. 
B)  The party must be a citizen or taxpayer eligible to use the U.S. court system. 
C)  The party must suffer harm that is direct, concrete, and individualized. 
D)  The party must articulate what legal redress exists to compensate for the injury. 
A)  The party must have suffered an injury in fact. 
B)  The party must be a citizen or taxpayer eligible to use the U.S. court system. 
C)  The party must suffer harm that is direct, concrete, and individualized. 
D)  The party must articulate what legal redress exists to compensate for the injury.

Question 15

A jury that cannot agree on a verdict is called a ____ jury.

Accepted Answer

The answer of A jury that cannot agree on a...

Question 16

Kortney is stopped at a red light when her car is run into from behind by Melin.This occurred at noon on a clear and sunny day on a dry road.Kortney claims a serious back injury and is suing for various forms of damages.There were three witnesses to the accident.With regard to discovery methods,which form of discovery would be most appropriate in each of the following situations? Fully explain.

Accepted Answer

Kortney would like to avoid calling an e

Question 17

Myron has sued Kalinka for injuries received in a traffic accident.If Kalinka fails to respond to the complaint and summons within the proper time limit,

Accepted Answer

A)  Myron wins based on a summary judgment. 
B)  Myron wins based on a default judgment. 
C)  Myron wins based on a judgment as a matter of law. 
D)  Nothing happens-Kalinka is not required to respond to a complaint and summons. 
A)  Myron wins based on a summary judgment. 
B)  Myron wins based on a default judgment. 
C)  Myron wins based on a judgment as a matter of law. 
D)  Nothing happens-Kalinka is not required to respond to a complaint and summons.

Question 18

Counterclaims are filed by the plaintiff in civil matters.

Accepted Answer

A) True 
 B)False

Question 19

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following statements is true about jury trials?

Accepted Answer

A)  A juror may be disqualified for any reason. 
B)  A potential juror may be removed if he or she demonstrates an obvious bias against one of the litigants. 
C)  Attorneys charge the jury by giving them instructions on how to work through the evidence and come to a factual decision in the case. 
D)  The judge is present to assist the jury in deliberations. 
A)  A juror may be disqualified for any reason. 
B)  A potential juror may be removed if he or she demonstrates an obvious bias against one of the litigants. 
C)  Attorneys charge the jury by giving them instructions on how to work through the evidence and come to a factual decision in the case. 
D)  The judge is present to assist the jury in deliberations.

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

If a civil trial results in a hung jury

The document served on a defendant along with the complaint that provides actual notice of the lawsuit is called a ____.

In Bridgestone Americas Holding,Inc.,v.Mayberry,the court had to determine if Bridgestone's trade secret for a particular formula was discoverable.The court decided that

The last time an attorney addresses a jury is during the

A trial without a jury is called a ____ trial.

Albert has sued Tina and received a judgment for $50,000.Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.

The American Arbitration Association provides mediation services as well as arbitration services.

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a

Each stage of litigation is separate and distinct,and each must be completed before the next stage may be started.

When the American Arbitration Association receives an application for appointment of an arbitrator,it

Transcripts of ADR proceedings are required to be available to the public.

Which of the following does not result in a decision rendered by a third party?

Which of the following is not required in order to show standing to assert a claim?

A jury that cannot agree on a verdict is called a ____ jury.

Myron has sued Kalinka for injuries received in a traffic accident.If Kalinka fails to respond to the complaint and summons within the proper time limit,

Counterclaims are filed by the plaintiff in civil matters.

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

Which of the following statements is true about jury trials?

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