Deck 6: Dispute Resolution

Question 1

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.

Answer 1

False

Question 2

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Answer 2

True

Question 3

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.

Answer 3

True

Question 4

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

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

Question 5

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

Question 6

A summons is a paper ordering a defendant to appear in court at a certain time.

Question 7

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial if the value of the materials is over $100.

Question 8

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

Question 9

Summary judgment is appropriate when there are no essential facts in dispute.

Question 10

Emails and their attachments are not subject to pretrial discovery.

Question 11

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Question 12

Which of the following statements is most accurate regarding appellate courts?

A)Appellate courts often hear new evidence and testimony.
B)Appellate courts generally accept the factual findings of the trial court.
C)Only the federal court system has appellate courts.
D)Appellate courts hear only criminal cases.

Question 13

Primary methods of alternative dispute resolution include litigation and mediation.

Question 14

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)?

A)It is a much slower process than litigation.
B)It keeps the parties involved talking rather than fighting.
C)It tends to be more expensive than litigation.
D)It only takes place in federal courts.

Question 15

Jurisdiction can be described as

A)the study of law.
B)the authority of a court to decide a particular type of case.
C)court cases involving the U.S. Constitution or a federal statute.
D)the burden of proof.

Question 16

Small claims courts have jurisdiction over settling the estates of deceased persons.

Question 17

What two conditions must exist for federal courts to have diversity jurisdiction?

A)an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000
B)the plaintiff and defendant are from the same family and the amount in dispute exeeds $50,000.
C)the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000.
D)the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

Question 18

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.

Question 19

Generally,mandatory arbitration provisions in a contract are valid.

Question 20

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

Question 21

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called

A)a request for admission.
B)a request for the production of documents.
C)a deposition.
D)interrogatories.

Question 22

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a

A)judgment on the pleadings.
B)summary judgment.
C)pretrial conference.
D)default judgment.

Question 23

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

A)default judgment
B)long-arm statute
C)federal question
D)summary judgment

Question 24

In a civil case,the plaintiff must prove the case

A)by a preponderance of the evidence.
B)by clear and convincing evidence.
C)beyond a reasonable doubt.
D)None of the above; the burden of proof is on the defendant.

Question 25

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

A)Corrales will render a binding decision.
B)Holt and Collins retain the right to a class action.
C)Holt and Collins give up the right to discovery.
D)Corrales need not give reasons for the decision.

Question 26

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

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

Question 27

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

A)mediate the claim with the advertiser.
B)bring an individual lawsuit against the advertiser in a state appellate court.
C)bring an individual lawsuit in a U.S. District Court.
D)become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Question 28

A party that wants the Supreme Court to review a lower court ruling must

A)present a non obstante veredicto.
B)file a petition for a writ of certiorari.
C)file a petition for avoir dire.
D)present a motion to dismiss.

Question 29

Federal jurisdiction based upon a "federal question" includes cases based on all of the following EXCEPT

A)the United States Constitution.
B)a federal statute.
C)a federal treaty.
D)diversity.

Question 30

When an appeal is filed with the U.S.Supreme Court,the Supreme Court

A)must hear the case if the validity of a federal statute is in question.
B)must hear the case if two or more U.S. courts of appeals have decided the legal issue differently.
C)has discretion as to which cases it hears.
D)must hear all cases.

Question 31

The primary trial court in the federal system is the

A)United States district court.
B)United States Supreme Court
C)United States appellate courts.
D)various appeals courts.

Question 32

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

A)an in camera inspection.
B)a motion to compel answers to interrogatories.
C)a request for admission.
D)a request for the production of documents.

Question 33

A jury decision in a civil case

A)must always be unanimous.
B)must be reached in the same day the case is heard.
C)depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict.
D)is achieved by informal deliberations.

Question 34

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered

A)an adversary system.
B)a conflict system.
C)an alternative dispute resolution system.
D)a mediation system.

Question 35

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

A)A probate court
B)A juvenile court
C)A small claims court
D)A general civil division court

Question 36

In Jones v.Clinton,the court held that

A)Paula Jones did not demonstrate the essential elements for her claim.
B)Paula Jones was entitled to a summary judgment.
C)the case be dismissed because of the President's governmental position.
D)President Clinton failed to comply with a discovery order.

Question 37

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

A)may not be decided by a federal court since it involves a state facility.
B)must be decided by the state court where the inmate established residency before going to prison.
C)is a federal question case over which the federal courts have jurisdiction.
D)cannot be heard, as prisoners lose the right to sue.

Question 38

After the plaintiff has presented her case,the defendant may be granted a

A)directed verdict.
B)summary judgment.
C)judgment NOV
D)judgment on the pleadings.

Question 39

According to your text,the biggest change in litigation in the last decade has been

A)an explosive rise of electronic discovery.
B)a decrease in the use of discovery.
C)the replacement of interrogatories with depositions.
D)the use of juries in appellate courts.

Question 40

A civil case generally proceeds as follows:

A)answer, complaint, discovery, trial, verdict.
B)complaint, answer, trial, discovery, verdict.
C)complaint, answer, discovery, trial, verdict.
D)discovery, complaint, answer, trial, verdict.

Question 41

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

Question 42

Briefly describe the process of jury selection.

Question 43

What are the advantages and disadvantages of using arbitration rather than litigation?

Question 44

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.

Question 45

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.