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

The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

In some jurisdictions, electronic filing of pleadings is mandatory.

What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

What are the advantages and disadvantages to both client and attorney when entering into a contingency fee agreement for attorney's fees?

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature - an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature. Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered.

The statute of limitations for all lawsuits in the United States is two years.

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

Which of the following is a method of alternative dispute resolution?

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

Which of the following statements is true of deposition?

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

Briefly explain the steps involved in the pretrial litigation process.

Describe in brief the concepts of electronic dispute resolution, electronic arbitration, and electronic mediation.

Explain some of the ways in which electronic filings and electronic communications have changed the practice of law.

Motions for summary judgment are supported by evidence outside of the pleadings.

Binding arbitration is subject to appeal in a court of law.