Exam 3: Judicial, Alternative, and E-Dispute Resolution

The motion for summary judgment alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

________, a pretrial litigation process, serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases.

To initiate a lawsuit, the plaintiff must file a complaint in the proper court.

Which of the following statements is true about appellate courts?

When an attorney and client have entered into a contingency fee arrangement, it is possible that the attorney will receive no compensation at all.

Interventions are written questions submitted by one party to a lawsuit to the other party.

In a civil case John Deer vs. Jane Doe, the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

In a litigation process, the party who files a complaint is called the ________.

If the defendant does not answer the complaint, a default judgment is entered against him or her.

Litigation is the process of bringing, maintaining, and defending a lawsuit.

A pretrial hearing is also known as a settlement conference.

Which of the following is the most common form of alternative dispute resolution (ADR)?

When will an appellate court reverse a lower court decision? In your answer, address whether an appellate court will reverse a trial court's finding of fact. Why or why not?

During electronic mediation, the parties to a dispute are assigned individual "chat rooms" used for online conversations with a mediator.

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

On rare occasions, an appellate court will overturn a jury verdict is there was not sufficient evidence at trial to support the jury's findings.

The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established.

Which of the following is NOT generally available to litigants?