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.

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

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After the 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 accomplish?

(Essay)

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Question 61

Larry has sued Jeff and received judgment in the amount of $24,000. Larry is a judgment creditor.

(True/False)

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Question 62

In Brower v. Gateway, the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers. With regard to the agreements enforcement, the court determined that:

(Multiple Choice)

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Question 63

Scoop Masters Inc. has been charged by Fab Flavors Corp. with stealing Fab Flavors' patented process for making ice cream. After the papers are filed, Scoop Masters begins shredding all documents pertaining to its ice cream-making process. Since no motion has been made requesting production of documents, Scoop Masters has done nothing wrong.

(True/False)

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Question 64

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

(True/False)

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Question 65

When and why would a defendant file a cross-claim, and when would a defendant file a counterclaim?

(Essay)

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Question 66

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:

(Multiple Choice)

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Question 67

Each of the following is a pretrial motion except:

(Multiple Choice)

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Question 68

What is a pretrial conference, when does it occur, and what are its purposes?

(Essay)

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Question 69

In the typical business context, ADR is invoked either via contract or by mutual agreement.

(True/False)

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Question 70

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

(True/False)

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Question 71

Mike has sued Kathy for injuries received in a traffic accident. If Kathy fails to respond to the complaint and summons within the proper time limit:

(Multiple Choice)

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Question 72

Depositions are:

(Multiple Choice)

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Question 73

While normal arbitration produces an arbiter's decision and the parties are bound by the award, online arbitration produces a decision but the award is not binding on the parties.

(True/False)

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Question 74

JR Winery grows grapes and produces wine in the state of Delaware. It purchases its corks from Cork Masters, a California cork importer. Despite a written contract, Cork Masters has informed JR Winery that it will immediately be raising the cost of corks 20 percent. JR Winery disputes the added charges and claims a breach of contract. Both companies agree that they want to resolve the dispute as cheaply as possible but also agree that they want to actually see each other during any dispute resolution proceedings. Which type of ODR would best suit their mutual interests?

(Multiple Choice)

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Question 75

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

(Short Answer)

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Question 76

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.

(True/False)

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Question 77

During the pleadings stage, a third party may be brought into the trial by a defendant by filing:

(Multiple Choice)

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Question 78

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

(Multiple Choice)

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Question 79

If a civil trial results in a hung jury:

(Multiple Choice)

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Question 80

Showing 61 - 80 of 80

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

After the 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 accomplish?

Larry has sued Jeff and received judgment in the amount of $24,000. Larry is a judgment creditor.

In Brower v. Gateway, the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers. With regard to the agreements enforcement, the court determined that:

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

When and why would a defendant file a cross-claim, and when would a defendant file a counterclaim?

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:

Each of the following is a pretrial motion except:

What is a pretrial conference, when does it occur, and what are its purposes?

In the typical business context, ADR is invoked either via contract or by mutual agreement.

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

Mike has sued Kathy for injuries received in a traffic accident. If Kathy fails to respond to the complaint and summons within the proper time limit:

Depositions are:

While normal arbitration produces an arbiter's decision and the parties are bound by the award, online arbitration produces a decision but the award is not binding on the parties.

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

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.

During the pleadings stage, a third party may be brought into the trial by a defendant by filing:

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

If a civil trial results in a hung jury:

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