Deck 3: Dispute Resolution

Question 1

Summary judgment is appropriate when essential facts are disputed.

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 some minor errors during the trial.

Answer 2

True

Question 3

Discovery is a critical stage of both litigation and arbitration.

Answer 3

False

Question 4

If Albert is seeking an injunction against Alicia to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial.

Question 5

Advantages of Alternative Dispute Resolution (ADR)include:

A)ADR is faster than litigation.
B)ADR keeps the parties talking rather than fighting.
C)ADR is less expensive than litigation.
D)All of the above are advantages of ADR.

Question 6

Jane,a resident of Minnesota,is suing Arthur,an accountant,from Wisconsin,claiming that because of his poor advice,she lost $ 60,000.Jane has the option to bring the case to federal court.

Question 7

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Question 8

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.

Question 9

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.

Question 10

Generally,mandatory arbitration provisions in a contract are valid.

Question 11

Emails and their attachments are not subject to pretrial discovery.

Question 12

Jurisdiction is:

A)the study of law.
B)the authority of a court to decide a particular type of case.
C)a federal court concept.
D)applicable only to appeals courts.

Question 13

The decision issued by an arbitrator is binding upon the parties.

Question 14

Under diversity of citizenship,a federal court may have jurisdiction only if a federal question is involved.

Question 15

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

A)he may file the lawsuit in an Arizona state court.
B)he may file the lawsuit in a federal district court in Arizona.
C)he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case.
D)Either a or b.

Question 16

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 17

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

Question 18

Primary methods of alternative dispute resolution include litigation and mediation.

Question 19

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

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

Question 20

The most accurate statement regarding appellate courts is:

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 21

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

A)federal court in Idaho.
B)state court in Idaho.
C)federal court in Wyoming.
D)federal court in Oregon.

Question 22

Gunderson and Howell decide to have their dispute arbitrated by McIntosh.Which of the following will NOT be a result of the arbitration?

A)McIntosh will render a binding decision.
B)Gunderson and Howell retain the right to a trial.
C)Gunderson and Howell give up the right to discovery.
D)McIntosh need not give reasons for the decision.

Question 23

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 24

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 25

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 26

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 inquisitorial system.
C)a state court of original jurisdicion.
D)a mediation system.

Question 27

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 28

A jury decision in a civil case:

A)must 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 29

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

A)directed verdict.
B)summary judgment.
C)judgment n.o.v.
D)judgment on the pleadings.

Question 30

When an appellate court hears a case,it may:

A)affirm the decision.
B)reverse the decision.
C)modify the decision.
D)All the above are correct.

Question 31

A United States district court is:

A)the primary federal trial court.
B)an appellate court.
C)a small claims court only.
D)none of the above.

Question 32

Federal jurisdiction based upon a "federal question" includes cases based on:

A)the United States Constitution.
B)a federal statute.
C)an administrative agency4s decision.
D)All of the above.

Question 33

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer are seeking compensation by suing the landlord.Which of the following statements is true?

A)She is entitled to a jury trial.
B)The case can be settled at any time.
C)state courts will have jurisdiction.
D)all of the above.

Question 34

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 35

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 36

In Jones v.Clinton,the court held:

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

Question 37

When the Supreme Court issues a writ of certiorari,that means that:

A)the Court overrules the Court of Appeal's decision.
B)the Court states that it doesn't have jurisdiction over the case.
C)the Court agrees to hear the case.
D)the Court's decision is unanimous.

Question 38

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 39

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 40

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 41

Briefly describe the process of jury selection.

Question 42

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

Question 43

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

Question 44

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

Question 45

Al,a resident of New Mexico,while driving through Arizona was struck by a SUV driven by Sam,a resident of California.Sam was speeding when the accident happened and Al suffered severe injuries that ruined a potential acting career.Al's damages are estimated at $200,000.Discuss the options that Al has to bring a lawsuit.