Deck 4: Judicial Alternative Administrative and E-Dispute Resolution

Question 1

Which of the following statements is true of deposition?

A) A deposition has to be a written statement.
B) A witness' deposition is voluntary and not pursuant to a court order.
C) A deposition can only be given after the trial.
D) A deponent is given a chance to correct his or her deposition.

Answer 1

D

Question 2

Which of the following is a function of discovery?

A) certifying a class action
B) preserving evidence
C) adjudicating a dispute
D) prosecuting a violation

Answer 2

B

Question 3

Once a complaint has been filed with the court,the court will issue a ________,directing the defendant to appear in court.

A) answer
B) rejoinder
C) summons
D) judicial restraint

Answer 3

C

Question 4

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

A) intervention
B) consolidation
C) class action
D) arbitration

Question 5

Which of the following statements is true about an answer?

A) The plaintiff cannot claim damages once a default judgment is entered against the defendant.
B) A default judgment establishes the plaintiff's liability.
C) A defendant's answer can assert affirmative defenses.
D) The defendant's answer is never revealed to the plaintiff.

Question 6

The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.

A) intervention
B) consolidation
C) class action
D) arbitration

Question 7

________ refer to written questions submitted by one party to a lawsuit to another party.

A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons

Question 8

In which of the following cases is a default judgment entered?

A) when a defendant admits all the allegations in the complaint
B) when there is insufficient evidence to resolve the dispute
C) when the court believes that the lawsuit can be settled before/without trial
D) when a defendant does not file a written response to a plaintiff's complaint

Question 9

Which of the following can be filed by the defendant of a lawsuit?

A) complaint
B) answer
C) reply
D) injunction

Question 10

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
C) Graham can sue Alice but will not receive damages.
D) Graham can sue Alice but is not entitled to a jury trial.

Question 11

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

A) summons
B) answer
C) rejoinder
D) rebuttal

Question 12

Which of the following statements is true about the pretrial litigation process?

A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant's liability.

Question 13

The statute of limitations establishes the period within which ________.

A) a plaintiff must bring a lawsuit against a defendant
B) a defendant must file a written answer against a plaintiff's complaint
C) a defendant can file a cross-complaint against the plaintiff
D) a motion for judgment on the pleadings can be made by either party

Question 14

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

A) Complaint
B) Order
C) Appeal
D) Rejoinder

Question 15

In which of the following cases does a class action occur?

A) when there are no factual disputes to be decided by the jury
B) when the defendant has multiple grounds for appeal
C) when a group of plaintiffs collectively bring a lawsuit against a defendant
D) when the plaintiff does not reply to the defender's cross-complaint

Question 16

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

A) rejoinder
B) answer
C) reply
D) plea

Question 17

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

A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal

Question 18

The term ________ refers to the oral testimony given by a party or witness prior to trial.

A) class action
B) deposition
C) accommodation
D) intervention

Question 19

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

A) bailiff
B) plaintiff
C) prosecutor
D) defendant

Question 20

Which of the following statements is true about class actions?

A) A class will not be certified if there is not sufficient commonality among the plaintiffs' claims.
B) A class can be certified if the legal and factual claims of all of the parties are different.
C) A class can only be certified by a federal court.
D) A class, once certified, cannot be published to its class members.

Question 21

The trial court usually issues a ________ that sets forth the reasons for a judgment.

A) remittitur
B) written memorandum
C) delegation doctrine
D) rebuttal

Question 22

What is the purpose of a pretrial hearing?

A) requesting the other party to produce all documents relevant to the case
B) assessing the factual accuracy of the deposition of witnesses
C) instructing the judge to decide the case without a jury
D) facilitating the settlement of a case before it goes to trial

Question 23

The appellant is often required to post a ________ on appeal.

A) executory decree
B) bond
C) certification letter
D) party-in-interest decree

Question 24

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

A) remittitur
B) judgment notwithstanding the verdict
C) motion for judgment on the pleadings
D) motion for summary judgment

Question 25

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) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings

Question 26

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 ________.

A) rebuttal
B) rejoinder
C) closing argument
D) deliberation

Question 27

Which of the following statements best describes jury deliberation?

A) It involves re-questioning a particular witness from one of the parties by the jurors.
B) It involves consideration of the evidence and an attempt to reach a decision by the jurors.
C) It involves disagreement by the jury and the judge on the outcome of the case.
D) It involves the replacement of jurors in case of illness or disqualification.

Question 28

Which of the following statements best describes cross-examination?

A) It involves inspection of evidence by the trier of facts.
B) It involves questioning of the prospective jurors by the judge or lawyers of each party.
C) It involves questioning of the witnesses by the plaintiff's attorney.
D) It involves questioning of the witnesses by the defendant's attorney.

Question 29

Which of the following statements is true about pretrial motions?

A) In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings.
B) In deciding the motion for summary judgment, the case cannot be decided before trial by a judge.
C) If a judge finds that a factual dispute exists, the motion for summary judgment will be approved.
D) If a judge finds that a factual dispute exists, the case will not go to trial.

Question 30

Which of the following best describes jury instructions?

A) It refers to the instructions from the jury to the plaintiff's attorney about settling a case before trial.
B) It refers to the instructions from jury informing the judge on what grounds the case can be dismissed.
C) It refers to the instructions to the jury from both parties over the duration within which the case has to be settled.
D) It refers to the instructions to inform the jury about what law to apply when they decide the case.

Question 31

Which of the following statements best describes direct examination?

A) It involves inspection and verification of all documents related to a trial by the judge.
B) It involves inspection and verification of all documents related to a trial by the jurors.
C) It involves questioning of the witnesses by the plaintiff's attorney.
D) It involves questioning of the prospective jurors by the judge or lawyers of each party.

Question 32

During a ________,the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

A) closing argument
B) rejoinder
C) cross-examination
D) re-direct examination

Question 33

Which of the following statements best describes re-direct examination?

A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney.
B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney.
C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney.
D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Question 34

Which of the following motions asserts that there are no factual disputes to be decided by the jury,and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

A) motion for summary judgment
B) motion for judgment on the pleadings
C) motion for a directed verdict
D) motion for judgment notwithstanding the verdict

Question 35

________ refers to the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

A) Consolidation
B) Trial of fact
C) Voir dire
D) Intervention

Question 36

Which of the following statements is true of a court trial?

A) All civil cases are tried with a jury.
B) The judge is the trier of fact in a jury trial.
C) A jury is not required in a trial unless both parties request one.
D) Prospective jurors are questioned by lawyers of each party.

Question 37

An appellee can file a(n)________ that answers the appellant's contentions.

A) sequester
B) opening brief
C) responding brief
D) deposition

Question 38

A(n)________ is filed by the appellant's attorney with the court that sets forth legal research and other information to support his or her contentions on appeal.

A) opening brief
B) responding brief
C) sequester
D) remittitur

Question 39

Which of the following statements is true of the plaintiff's case?

A) The plaintiff's attorney examines the witnesses during cross-examination.
B) After the defendant's attorney examines the witnesses the plaintiff can conduct the re-direct examination.
C) During cross-examination, the defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
D) Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Question 40

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

A) motion for judgment on the pleadings
B) motion for summary judgment
C) motion for judgment notwithstanding the verdict
D) motion to set aside judgment

Question 41

When an appellate court receives a case appealed to it,it will ________.

A) retry the case with the appellate court judge acting as the jury
B) review the record to see if it would have made the same decision as the jury
C) review the record of the trial court to see if there were any errors of law made by the judge
D) review the jury's verdict to see if the appellate court judges would have reached the same result

Question 42

Which of the following statements is true about appellate courts?

A) Appellate courts cannot reverse a finding of fact made by the judge even if the evidence contradicts it.
B) Appellate courts cannot reverse a finding of fact made by the jury even if the evidence contradicts it.
C) Appellate courts permit brief oral arguments between attorneys.
D) Appellate courts cannot reverse the decision of a lower court.

Question 43

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother.They wish to settle their case out of court.Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Rita keeps 60 percent of the inheritance while Robert gets the remainder.In this scenario,the ________ method of alternative dispute resolution is used.

A) negotiation
B) arbitration
C) pre-trial hearing
D) mini-trial

Question 44

________ advise the president and are responsible for enforcing specific laws enacted by Congress.

A) Cabinet-level federal departments
B) Federal administrative agencies
C) State administrative agencies
D) Nonjudicial federal departments

Question 45

The ________ promotes the arbitration of disputes at the state level.

A) Uniform Arbitration Act
B) Federal Arbitration Act
C) Collaborative States Arbitration Act
D) Binding Arbitration Act

Question 46

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

A) The FAA permits parties to obtain a court order to compel arbitration with an arbitration agreement.
B) The FAA permits federal courts to hear issues of law that have been decided by an arbitrator.
C) The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances.
D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Question 47

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge.
B) Unlike binding arbitration, the decision and award of a nonbinding arbitration can be appealed to the courts.
C) A nonbinding arbitration takes place at a court, in the presence of the jury.
D) A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Question 48

Which of the following is a legislative power granted to an administrative agency?

A) the power to adopt a rule or regulation
B) the power to adjudicate a dispute
C) the power to issue an interpretive rule
D) the power to issue a substantive rule

Question 49

The most common form of the alternative dispute resolution is ________.

A) arbitration
B) mediation
C) litigation
D) negotiation

Question 50

Which of the following is an executive power granted to an administrative agency?

A) the power to adjudicate a case through an administrative proceeding
B) the power to prosecute a violation of a statute or administrative rule
C) the power to issue an interpretive rule
D) the power to issue a substantive rule

Question 51

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

A) pretrial hearing
B) settlement conference
C) appeal
D) fact-finding

Question 52

A(n)________ is a procedure whereby the parties to a legal dispute engage in discussions to try to reach a voluntary settlement of their dispute.

A) pretrial hearing
B) arbitration
C) negotiation
D) appeal

Question 53

A ________ must be filed within a prescribed time,usually within 60 or 90 days,after judgment is entered.

A) declaratory verdict
B) summary judgment
C) notice of appeal
D) stay of execution

Question 54

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

A) mediation
B) mini-trial
C) e-court
D) judicial-referee

Question 55

Which of the following statements is true about the arbitration procedure?

A) When one party seeks to enforce an arbitration clause, it must give notice to the other party.
B) In the event of nonbinding arbitration, the decision and award of the arbitrator cannot be appealed to the courts.
C) In the event of binding arbitration, the decision and award of the arbitrator can be appealed to the courts.
D) No new evidence, witness, or testimony can be introduced during the arbitration procedure.

Question 56

The decision made by an administrative law judge is issued in the form of a(n)________.

A) verdict
B) judgment
C) order
D) decree

Question 57

Which of the following statements is true about appeals?

A) Only the plaintiff can appeal the court's decision in a civil case.
B) Only the defendant can appeal the court's decision in a criminal case.
C) An appeal can be made before the trial court gives its final judgment.
D) An appellate court cannot reverse a lower court's decision.

Question 58

If an agreement does not contain an arbitration clause,the parties may nevertheless agree to arbitration by entering into a ________ agreement.

A) compliance
B) capitulation
C) deference
D) submission

Question 59

The appealing party in an appeal is called a(n)________.

A) appellate
B) appellee
C) respondent
D) petitioner

Question 60

The ________ says that when an administrative agency is created,it is given certain powers;the agency can use only the legislative,judicial,and executive powers that are given to it.

A) submission agreement
B) virtual courthouse
C) statute of limitations
D) delegation doctrine

Question 61

Information given by the attorneys in their closing statements is considered as evidence.

Question 62

Appellate courts usually permit a brief oral argument at which each party's attorney is heard.

Question 63

In all criminal cases,if the jury finds the defendant guilty,the judge decides the penalties on the defendant in all jurisdictions or cases.

Question 64

Litigation is a difficult,time-consuming,and costly process that must comply with complex procedural rules.

Question 65

A motion for judgment on the pleadings asserts that a case can be decided before trial by a judge.

Question 66

Depositions are used to preserve evidence and impeach testimony given by the defendant at trial.

Question 67

The judge sits as the trier of fact in jury trials.

Question 68

A reply by a plaintiff to a cross-complaint can include affirmative defenses.

Question 69

A jury cannot be sequestered in important cases.

Question 70

Once an appropriate number of jurors is selected,they are impaneled to hear the case and are sworn in.

Question 71

Class members do not have the right to opt out of the class action and pursue their own legal process against the defendant.

Question 72

A complaint sets forth the basis of the lawsuit.

Question 73

One of the major purposes of a pretrial hearing is to facilitate the settlement of a case.

Question 74

A complaint contains a "prayer for relief" for a remedy to be awarded by the court.

Question 75

A statute of limitations begins to run at the time the plaintiff first produces a complaint.

Question 76

A default judgment establishes the plaintiff's liability.

Question 77

At the time of trial,each party submits to the judge a deposition that contains physical evidence to support its side of the case.

Question 78

In deciding the motion for summary judgment,the judge cannot consider any facts outside the pleadings.

Question 79

During a cross-examination,a defendant's attorney can ask questions that were not part of the direct examination.

Question 80

In civil cases,the jury will assess damages against the defendant if they have decided in favor of the plaintiff.