Question 1

A motion for a judgment NOV is heard by a court of appeals.

Accepted Answer

A) True 
 B)False

Question 2

A motion for judgment on the pleadings can be granted:

Accepted Answer

A)  if the complaint does not state a cause of action. 
B)  if there are no factual issues. 
C)  any time during the course of the trial. 
D)  all of the above 
A)  if the complaint does not state a cause of action. 
B)  if there are no factual issues. 
C)  any time during the course of the trial. 
D)  all of the above

Question 3

Explain the attorney/client privilege.

Accepted Answer

The attorney/client privilege allows cli

Question 4

A motion for judgment on the pleadings is the same as a motion for summary judgment.

Accepted Answer

A) True 
 B)False

Question 5

E-mail cannot be obtained during discovery.

Accepted Answer

A) True 
 B)False

Question 6

Rent-a-judge hearings are private hearings arranged by the parties to a dispute.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is not included in a complaint?

Accepted Answer

A)  statement of subject matter jurisdiction 
B)  request for damages 
C)  statement of venue 
D)  a counterclaim 
E)  none of the above 
A)  statement of subject matter jurisdiction 
B)  request for damages 
C)  statement of venue 
D)  a counterclaim 
E)  none of the above

Question 9

A deposition can be used at trial.

Accepted Answer

A) True 
 B)False

Question 10

A peremptory challenge is a challenge for cause.

Accepted Answer

A) True 
 B)False

Question 11

Jury instructions explain to jurors how to elect a foreman.

Accepted Answer

A) True 
 B)False

Question 12

A prima facie case is one that can survive a directed verdict.

Accepted Answer

A) True 
 B)False

Question 13

The plaintiff is the only party in a suit who can counterclaim.

Accepted Answer

A) True 
 B)False

Question 14

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 15

Peremptory challenges:

Accepted Answer

A)  are challenges for cause. 
B)  are generally limited in each case. 
C)  require specific reasons for use. 
D)  require proof of bias or prejudice of the juror. 
E)  none of the above 
A)  are challenges for cause. 
B)  are generally limited in each case. 
C)  require specific reasons for use. 
D)  require proof of bias or prejudice of the juror. 
E)  none of the above

Question 16

Arbitration is not allowed when federal statutory rights are involved.

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

A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is not a form of discovery?

Accepted Answer

A)  interrogatories 
B)  requests for admissions 
C)  pretrial conference 
D)  depositions 
E)  All of the above are forms of discovery. 
A)  interrogatories 
B)  requests for admissions 
C)  pretrial conference 
D)  depositions 
E)  All of the above are forms of discovery.

Question 20

Voir dire is:

Accepted Answer

A)  the process for screening prospective jurors. 
B)  the same as venue. 
C)  used if peremptory challenges are planned. 
D)  the same as a judgment NOV. 
E)  none of the above 
A)  the process for screening prospective jurors. 
B)  the same as venue. 
C)  used if peremptory challenges are planned. 
D)  the same as a judgment NOV. 
E)  none of the above

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

A motion for a judgment NOV is heard by a court of appeals.

A motion for judgment on the pleadings can be granted:

Explain the attorney/client privilege.

A motion for judgment on the pleadings is the same as a motion for summary judgment.

E-mail cannot be obtained during discovery.

Rent-a-judge hearings are private hearings arranged by the parties to a dispute.

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

Which of the following is not included in a complaint?

A deposition can be used at trial.

A peremptory challenge is a challenge for cause.

Jury instructions explain to jurors how to elect a foreman.

A prima facie case is one that can survive a directed verdict.

The plaintiff is the only party in a suit who can counterclaim.

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

Peremptory challenges:

Arbitration is not allowed when federal statutory rights are involved.

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

A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees.

Which of the following is not a form of discovery?

Voir dire is:

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