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

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Interrogatories:

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In mediation, the disputing parties use a third party as a go-between to facilitate negotiations.

(True/False)
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Which of the following cannot be obtained during discovery in a case?

(Multiple Choice)
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A counterclaim is:

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There are constitutional and numerical limits on peremptory challenges.

(True/False)
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Which of the following would not be discoverable in a contract suit requesting lost profits as damages?

(Multiple Choice)
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A pretrial conference is:

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Instructions for the jury are given by the lawyers in the case during their closing arguments.

(True/False)
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Once a plaintiff has established a prima facie case:

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So long as a court has subject matter jurisdiction, there is no need for in personam jurisdiction.

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The new discovery rules require lawyers and the parties to voluntarily disclose relevant information at the beginning of the discovery process.

(True/False)
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Jury consultants are used before, during, and after trial.

(True/False)
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Joan Evans has rented a storage locker at Storage 'R' Us for the past two years. She has discovered another storage locker facility that is nearby is climate-controlled, and only costs a few dollars more per month to rent. Joan has decided to end her lease at Storage 'R' Us and move her things to the climate-controlled facility. The management at Storage 'R' Us has refused to refund Joan's $35 security deposit. Joan's contract provides that if she sweeps out her locker and no damage is done, the deposit will be returned. Joan has swept the locker, and there is no damage in her unit. What suggestions can you give Joan for resolving the dispute?

(Essay)
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All hearsay is inadmissible as evidence.

(True/False)
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Interrogatories are given under oath.

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Sanctions for discovery abuse:

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Early neutral evaluation is a means of alternative dispute resolution used prior to discovery.

(True/False)
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List and describe the forms of alternative dispute resolution other than arbitration. Mediation: Third party intervenes in an attempt to bring the disputing parties

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Which of the following is a suggested policy on executive smartphone use?

(Multiple Choice)
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A complaint must establish subject matter jurisdiction.

(True/False)
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