Question 1

Depositions are

Accepted Answer

A)  oral questions, answered orally, asked of parties and witnesses. 
B)  oral questions, answered orally, asked only of parties. 
C)  written questions, answered in writing, asked of parties and witnesses. 
D)  written questions, answered in writing, asked only of parties. 
A)  oral questions, answered orally, asked of parties and witnesses. 
B)  oral questions, answered orally, asked only of parties. 
C)  written questions, answered in writing, asked of parties and witnesses. 
D)  written questions, answered in writing, asked only of parties.

Question 2

Wanda has graduated from Community University (CU)and after nine months has failed to find a job.She graduated with a degree in business,and her college was AACSB accredited.(AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.)In her complaint,she alleges that four years of school and tuition should guarantee a job in the field of study and states that she wants her money back.At no time did CU guarantee job placement,either through express or implied statements.Wanda does not disagree with this but still thinks that she was wronged and that it is unfair to graduate and not get a job automatically.CU will be successful in extinguishing Wanda's lawsuit if its attorney files a

Accepted Answer

A)  motion to dismiss because Wanda does not have standing. 
B)  motion for summary judgment. 
C)  motion to dismiss for mistrial. 
D)  motion for a judgment as a matter of law. 
A)  motion to dismiss because Wanda does not have standing. 
B)  motion for summary judgment. 
C)  motion to dismiss for mistrial. 
D)  motion for a judgment as a matter of law.

Question 3

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

Accepted Answer

A) True 
 B)False

Question 4

Fredrich is a student in your class and is frequently disruptive.Your professor has asked him to stop talking four times and to stop texting three times just in today's class.Finally,your professor asks him to leave,and when Fredrich says,"Make me," your professor loses it and knocks him out with a right cross to the jaw.Fredrich is now suing your professor for civil battery.Both sides believe that you can provide valuable information for their sides.Which discovery method should they use to get your information?

Accepted Answer

A)  A deposition. 
B)  An interrogatory. 
C)  A request that you write down your recollection so that they can file for a request for production to obtain your statement. 
D)  A request that you make an admission. 
A)  A deposition. 
B)  An interrogatory. 
C)  A request that you write down your recollection so that they can file for a request for production to obtain your statement. 
D)  A request that you make an admission.

Question 5

The term litigation refers to the trial but does not include pretrial events as well.

Accepted Answer

A) True 
 B)False

Question 6

Voir dire

Accepted Answer

A)  is a form of discovery. 
B)  is the process of choosing a jury. 
C)  is a motion made after trial seeking an appeal. 
D)  is the process of notifying a defendant that he or she has been sued. 
A)  is a form of discovery. 
B)  is the process of choosing a jury. 
C)  is a motion made after trial seeking an appeal. 
D)  is the process of notifying a defendant that he or she has been sued.

Question 7

Scoop Masters Inc.has been charged by Fab Flavors Corp.with stealing Fab Flavors' patented process for making ice cream.Fab Flavors' attorney speaks with the company's president and creates a written memorandum of their discussion.During discovery,Fab Flavors must provide the written memorandum to Scoop Masters.

Accepted Answer

A) True 
 B)False

Question 8

Who,among the following,is not present during a pretrial conference?

Accepted Answer

A)  the judge 
B)  the parties 
C)  the court reporter 
D)  the parties' attorneys 
A)  the judge 
B)  the parties 
C)  the court reporter 
D)  the parties' attorneys

Question 9

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause.

Accepted Answer

A) True 
 B)False

Question 10

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Accepted Answer

A) True 
 B)False

Question 11

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings.

Accepted Answer

A) True 
 B)False

Question 12

Discuss the potential advantages of ADR over litigation.

Accepted Answer

Normally,ADR has much lower costs than d

Question 13

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.

Accepted Answer

A) True 
 B)False

Question 14

You have just graduated and have started your own business.You will be providing goods and services to the general public,and you are concerned about potential legal exposure and resultant costs of litigation.You'd like to add a mandatory arbitration clause to all of your contracts.Is a mandatory arbitration clause legal and valid,and if so,what concerns must you consider in constructing this clause?

Accepted Answer

Mandatory arbitration clauses are valid

Question 15

The discussions by the jury in a closed room while they attempt to reach a verdict are called ____.

Accepted Answer

The answer of The discussions by the jury in a...

Question 16

After a complaint is filed,the complaint and summons are served on the defendant.What is the summons,and what constitutional mandate does service of the complaint and summons satisfy?

Accepted Answer

The summons provides formal notification

Question 17

A complaint will contain each of the following except

Accepted Answer

A)  a statement of the plaintiff's version of the facts of the case. 
B)  a statement of the damages suffered. 
C)  a statement of why the plaintiff believes the defendant is guilty. 
D)  a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called. 
A)  a statement of the plaintiff's version of the facts of the case. 
B)  a statement of the damages suffered. 
C)  a statement of why the plaintiff believes the defendant is guilty. 
D)  a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.

Question 18

A plaintiff must file a lawsuit within a certain time limit called the ____.

Accepted Answer

statute of

Question 19

Jonah wants to sue his business partner for violating their partnership agreement.Explain the potential benefits and risks of pursuing negotiation as a dispute resolution method.

Accepted Answer

Benefits: The parties agree no

Question 20

In some special types of cases such as divorce,the defendant is instead called a ____.

Accepted Answer

The answer of In some special types of cases such...

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

Depositions are

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

The term litigation refers to the trial but does not include pretrial events as well.

Voir dire

Who,among the following,is not present during a pretrial conference?

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause.

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings.

Discuss the potential advantages of ADR over litigation.

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.

The discussions by the jury in a closed room while they attempt to reach a verdict are called ____.

After a complaint is filed,the complaint and summons are served on the defendant.What is the summons,and what constitutional mandate does service of the complaint and summons satisfy?

A complaint will contain each of the following except

A plaintiff must file a lawsuit within a certain time limit called the ____.

Jonah wants to sue his business partner for violating their partnership agreement.Explain the potential benefits and risks of pursuing negotiation as a dispute resolution method.

In some special types of cases such as divorce,the defendant is instead called a ____.

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