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

List the types of costs a company involved in litigation experiences. List the costs that can result if litigation is not pursued.

Junk science can be excluded from evidence at trial.

The results of mediation are generally binding.

An arbitration clause that requires a consumer to travel to another state for the arbitration hearing is void.

Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols' lawyer suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is required to do by law. After Echols' lawyer files suit, how can she find out whether Ms. Jones was wearing her contact lenses?

During the plaintiff's case, the defendant conducts direct examination.

Which of the following methods of arbitration allows the parties input on the decision-maker(s)?

The International Chamber of Commerce (ICC) is a private court.

The party conducting cross-examination is:

The best means for obtaining access to a defendant company's e­mail in litigation over an atmosphere of harassment is:

A default results when:

Sam Wasterson is the CEO of Galant, Inc. Galant is being sued by Webtech, a competitor, for antitrust violations. Webtech's CEO says that he met with Wasterson three times in 1993. He explains, "Check his calendar. Check his secretary's logs!" The meetings are a critical part of the Webtech case. Webtech's lawyers:

When is a motion for a judgment NOV granted?

Mediation is:

Interrogatories are only given to the parties in a case.

A jury selection firm working for a plaintiff in a slip­and­fall case culled through the jurors' Facebook pages and found that one of the jurors had dated the plaintiff. Which of the following is correct about the plaintiff's rights during jury selection?

Choose the answer that reflects the proper sequence of events in civil procedure:

In some states, unanimous jury verdicts are not required.

The summons is the same document as the complaint.

Closing arguments are: