Exam 6: Dispute Resolution

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

What is the primary trial court in the federal system?

The fastest-growing method of dispute resolution in the United States is

Lance sued Mega Corp. for negligence, and a jury awarded him $1.2 million. Mega Corp. filed a motion for judgment NOV, and that motion was denied by the trial court. Mega Corp. then appealed the case. Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Pablo, a resident of New Mexico, while driving through Arizona was struck by a SUV driven by Dick, a resident of California. Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. Discuss the court system(s) in which Pablo may bring a lawsuit.

What has been one consequence of the rise of electronic discovery?

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Which of the following is NOT an example of a trial court of limited jurisdiction?

If interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath.

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

In a civil case, the plaintiff must prove the case

In Jones v. Clinton, the court held that

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Define discovery, and identify and explain five of the most important forms of discovery.

Briefly describe the process of jury selection.

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

Which of the following courts determines facts?

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made