Question 1

Evidence that proves innocence or nonliability is called ________ evidence.

Accepted Answer

Exculpatory

Question 2

Kathy is stopped at a red light when she is run into from behind by Mike.This occurred at noon on a clear and sunny day on dry roads.Kathy 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.
a.Kathy would like to avoid calling an expert witness to testify as to road and weather conditions at the time of the accident.
b.Kathy would like to determine if Mike was talking on his cell phone or texting at the time of the accident.
c.Mike would like to see the doctor's reports discussing Kathy's back injury.
d.Both Mike and Kathy would like to get statements from the witnesses.

Accepted Answer

a.Kathy should ask Mike for an admission stating that the weather was clear and the roads were dry.Mike is not required to comply.
b.Kathy should make a request for production requiring Mike to provide copies of his cell phone records for the day of the accident.The courts will likely enforce this motion as it is relevant to the case.
c.Mike should make a request for production requiring Kathy to provide copies of her medical records for treatment due to the accident.The courts will likely enforce this motion as it is relevant to the case.
d.Mike and Kathy may depose each of the witnesses to get their statements.If deposed,the witnesses are compelled to testify.

Question 3

In order to successfully pursue a law suit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

Accepted Answer

The party asserting the claim,the plaintiff,must: (1)have suffered an injury in fact; and (2)shave suffered harm that is direct,concrete and individualized; and (3)be able to articulate what legal redress exists to compensate for the injury alleged.

Question 4

The Federal Arbitration Act provides four grounds by which a court may set aside the award of an arbitrator.Name them.

Accepted Answer

The four grounds are; (1)the arbitration

Question 5

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

Question 6

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

Question 7

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 then informs the parties of the procedures and rules of arbitration. 
D)  appoints a tribunal administrator who then 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 then informs the parties of the procedures and rules of arbitration. 
D)  appoints a tribunal administrator who then informs the parties of the procedures and rules of arbitration

Question 8

The plaintiff and defendant,the adverse parties in a law suit,are called the _______.

Accepted Answer

The answer of The plaintiff and defendant,the adverse parties in...

Question 9

Wanda has graduated from a university 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 she wants her money back.At no time did her school guarantee job placement,either through express or implied statements.Wanda does not disagree with this but still thinks she was wronged and that it's unfair to graduate and not get a job automatically.The school will be successful in extinguishing Wanda's law suit if their 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 10

Online dispute resolution (ODR)has all of the advantages of traditional forms of ADR.

Accepted Answer

A) True 
 B)False

Question 11

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 12

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

Accepted Answer

A) True 
 B)False

Question 13

Law suits filed for illegitimate reasons such as for harassment,intimidation,or to cause the other party unnecessary costs are called abusive or ________ law suits.

Accepted Answer

The answer of Law suits filed for illegitimate reasons such...

Question 14

In the civil system,the term litigation refers to:

Accepted Answer

A)  matters that occur prior to the trial. 
B)  the trial itself. 
C)  both the pretrial and trial. 
D)  post trial enforcement of judgments 
A)  matters that occur prior to the trial. 
B)  the trial itself. 
C)  both the pretrial and trial. 
D)  post trial enforcement of judgments

Question 15

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Accepted Answer

A) True 
 B)False

Question 16

Counterclaims are filed by the plaintiff in civil matters.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

When the judge issues the jury instructions,the judge is said to be charging the jury.

Accepted Answer

A) True 
 B)False

Question 19

ADR has some advantages for a company that makes it a better alternative than litigation in many situations.Name and explain the various methods of ODR and what are the advantages that ODR has over ADR for some companies?

Accepted Answer

The methods of ODR parallel ADR with the

Question 20

Judges must be present during depositions to resolve disputes and ensure fairness.

Accepted Answer

A) True 
 B)False

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

Evidence that proves innocence or nonliability is called ________ evidence.

In order to successfully pursue a law suit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

The Federal Arbitration Act provides four grounds by which a court may set aside the award of an arbitrator.Name them.

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

If a civil trial results in a hung jury:

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

The plaintiff and defendant,the adverse parties in a law suit,are called the _______.

Online dispute resolution (ODR)has all of the advantages of traditional forms of ADR.

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

Law suits filed for illegitimate reasons such as for harassment,intimidation,or to cause the other party unnecessary costs are called abusive or ________ law suits.

In the civil system,the term litigation refers to:

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Counterclaims are filed by the plaintiff in civil matters.

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

When the judge issues the jury instructions,the judge is said to be charging the jury.

ADR has some advantages for a company that makes it a better alternative than litigation in many situations.Name and explain the various methods of ODR and what are the advantages that ODR has over ADR for some companies?

Judges must be present during depositions to resolve disputes and ensure fairness.

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