Deck 2: Dispute Settlement

Question 1

An individual appointed within an organization to settle disputes is called a(n)_____.

A) private judge
B) arbitrator
C) mediator
D) ombudsperson

Answer 1

D
Explanation: An ombudsperson is an individual appointed within an organization to settle disputes.

Question 2

Mini trials are also known as summary jury trials.

Answer 2

False

Question 3

Under the Uniform Arbitration Act,a court:

A) cannot hold that the dispute was not arbitrable under the agreement of the parties.
B) will not review the wisdom of the decision of an arbitrator.
C) cannot hold that the arbitrator exceeded his or her authority.
D) can publish its arbitration awards.

Answer 3

B
Explanation: Most states have passed the Uniform Arbitration Act, which makes both the agreement of parties to arbitrate and the arbitration award enforceable in court. A court will not review the wisdom of the decision of an arbitrator. It may, however, hold that the dispute was not arbitrable under the agreement of the parties, or that the arbitrator exceeded his or her authority, or acted arbitrarily, capriciously, or in a discriminatory manner.

Question 4

A new trial is required for cases remanded by an appellate court.

Question 5

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee and has never been to the state.The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Question 6

In international trade disputes,a losing party is not given time to comply with its trade obligations.

Question 7

Mediators award decisions based on the merits of a dispute.

Question 8

An individual who is dissatisfied with the decision of a lower court can always take it all the way to the U.S.Supreme Court.

Question 9

In the private judging method of dispute resolution,_____.

A) a hired judge renders a binding opinion after hearing the evidence and arguments of the parties
B) executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side
C) a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side
D) executives of the disputing companies meet with lawyers for each side to negotiate a settlement

Question 10

The parties to an arbitration proceeding can select an arbitrator in any way they desire.

Question 11

In a civil case,the plaintiff need not have the preponderance of the evidence on his or her side.

Question 12

Erik filed a case in a municipal court against Leela for a minor criminal violation.Dissatisfied with the decision of the court,Erik can now appeal the case in a court of record.

Question 13

Jurisdiction is defined as:

A) the authority of a court to hear and determine disputes.
B) the unlimited authority of the court.
C) the process by which legal cases are decided.
D) the power an individual appointed within an organization possesses to settle disputes.

Question 14

International arbitration agreements are enforced through multilateral treaties.

Question 15

The U.S.Supreme Court generally disfavors arbitration as a way to settle disputes.

Question 16

Small claims courts are courts of record.

Question 17

All opinions of the Supreme Court judges can be cited as precedents.

Question 18

When the issue in a case no longer exists or has become pointless,that issue is considered moot.

Question 19

Which of the following statements is true about a minitrial?

A) A minitrial involves a six-member mock jury empaneled by the court that hears a shortened presentation of the case by the lawyers for each side and renders an advisory verdict.
B) A minitrial often involves a neutral third-party advisor who will render a nonbinding opinion, if a settlement is not reached, regarding how a dispute is likely to be resolved if it goes to trial.
C) A minitrial is conducted under court guidance.
D) A minitrial differs from mediation in that the third-party to whom the dispute is submitted decides the outcome.

Question 20

The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Question 21

Karl,a resident of Ohio,was convicted of a bank robbery worth $90,000 in California.In which of the following courts should his case be filed?

A) Small claims court
B) Tax court
C) District court
D) Justice of peace court

Question 22

A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the _____.

A) alternative dispute resolution
B) mediation agreement
C) judgment notwithstanding the verdict
D) pretrial conference

Question 23

Which of the following statements about the adversary system is true?

A) The adversary system represents the idea that truth is best discovered through the presentation of competing ideas.
B) The judge, in an adversary system, is actively involved in determining the facts of a case.
C) The lawyers, in an adversary system, do not persuade the judge that the other party's view of the facts is in error.
D) The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Question 24

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n)_____.

A) counterclaim
B) affirmative defense
C) cross-claim
D) dissenting opinion

Question 25

A certain court receives an appeal by parties dissatisfied with the decision of a trial court.However,neither does it hear any witnesses nor does it review new facts about the case.The court discussed in the example is a(n)_____.

A) municipal court
B) inferior court
C) appellate court
D) justice of peace court

Question 26

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n)_____.

A) counterclaim
B) affirmative defense
C) deposition
D) judgment notwithstanding the verdict

Question 27

A U.S.court of appeals is empowered to:

A) take up appeals only from other districts.
B) review legal conclusions reached by lower federal courts.
C) hear cases that have been appealed from Supreme Court decisions.
D) take the final responsibility for interpretation of the Constitution and federal statutes.

Question 28

The Smiths,an affluent family,own a hospitality chain called Smith Hotels Inc.When a lawsuit was filed against the hotel for serving stale food to its guests,the managers of the hotel decided to hire a lawyer who practices in an adversary system.How is this situation advantageous to Smith Hotels Inc.?

A) The system makes it easier for a biased judge to control the outcome of a case.
B) The wealthy can hire better lawyers as the system does not work when the opposing lawyers are of unequal skill.
C) The system lays emphasis on the competition to win which discourages overstatement of the truth.
D) The adversary system resents the idea that truth is best discovered through the presentation of competing ideas.

Question 29

Trial courts differ from inferior courts in that the trial courts:

A) are courts of limited jurisdiction.
B) are limited by the amount of civil damages that can be awarded.
C) are courts of record, and their decisions can be appealed.
D) are called municipal courts in urban areas.

Question 30

A motion to dismiss made by a defendant is granted when:

A) the defendant is scared of losing the case.
B) it is clear that the plaintiff does not have a case, and it would be wasteful to continue.
C) either party feels that the judge is not impartial.
D) people or groups other than the parties involved are interested in the outcome of a certain appeal.

Question 31

Which of the following statements is true of pleadings?

A) The first step in starting a lawsuit is the serving of a summons on the defendant.
B) These are the first documents filed with the court, and they start and define the lawsuit.
C) The case is set for trial on the court calendar once the pleadings have commenced.
D) Both disputed and undisputed matters in the pleadings are tried in court.

Question 32

Which of the following is a criticism of the adversary system?

A) Honest witnesses can be confused by hostile questioning.
B) The system concentrates on the competition to win, which discourages overstatement of the truth.
C) The judge's role, in the adversary system, is active.
D) The system does not work when the opposing lawyers are of unequal skill, giving an advantage to the poor and the needy.

Question 33

District courts:

A) only review the legal conclusions reached by lower federal courts.
B) are the intermediate courts of the federal court system.
C) have both fact-finding and law-finding functions.
D) are specialized courts in the federal court system.

Question 34

Generally,the role of appellate courts is to:

A) hear witnesses once again.
B) establish new facts for all cases.
C) accept the findings of the trial court with minor changes even if it goes against all the evidence.
D) review the proceedings in the trial court and correct legal errors made by the trial judge.

Question 35

Writ of certiorari (cert.)may be granted when:

A) a person does not want to appeal to the Supreme Court.
B) there have been conflicting decisions in similar cases by different courts of appeal.
C) the Supreme Court has too many cases to be heard and has no time to take up a new case.
D) a case has the validity of a federal statute in agreement.

Question 36

In the context of filing a lawsuit,a complaint:

A) must contain sufficient facts to show that the plaintiff is entitled to some legal relief.
B) is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true.
C) was created to help deal with the increasing congestion of cases in most civil courts.
D) is a procedural device that is designed to narrow down issues to be proved at trial.

Question 37

The primary way a case can be appealed to the Supreme Court is through a _____.

A) writ of habeas corpus
B) writ of quo warranto
C) writ of certiorari
D) writ of mandamus

Question 38

Adia filed a case against Chang in the court at Ohio.However,Chang had never visited Ohio and had no personal ties with anyone in Ohio.Chang could successfully argue that the court:

A) lacked personal jurisdiction.
B) was in proximity to the place where Chang resides.
C) was limited by subject matter jurisdiction.
D) did not have judges that would understand the language spoken by him.

Question 39

Municipal courts:

A) are courts of record.
B) are known as superior courts.
C) are known as justice of the peace courts in rural areas.
D) are courts that handle civil disputes involving large amounts of money.

Question 40

Salim files a case against Nina for nonpayment of dues.Before the trial,Nina is examined under oath in the presence of Salim's attorney.This process of examination is known as a(n)_____.

A) deposition
B) interrogatory
C) pretrial conference
D) default judgment

Question 41

Explain the differences between trial courts and inferior courts.

Question 42

Which of the following statements is true of the presentation of testimony?

A) Under direct examination, each witness is sworn and then examined by the defendant's attorney.
B) A defendant's attorney may cross-examine each witness, trying to raise doubts as to the person's credibility or trustworthiness.
C) A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts.
D) During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence.

Question 43

A _____ is designed to reach things belonging to the debtor that are in the hands of third parties.

A) writ of quo warranto
B) writ of garnishment
C) writ of certiorari
D) writ of mandamus

Question 44

The term amicus curiae means:

A) friendly cure or the amicable resolution to a mediated dispute.
B) friend of the court and refers to briefs filed by third parties interested in the outcome of a certain appeal.
C) small couriers or the briefs, originally used by foot messengers, which are used to communicate between lawyers and the courts.
D) the name for the conductor of an arbitration, a position originally filled by medieval clergy.

Question 45

In order to appeal a decision,_____.

A) a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision.
B) a party need not have objected to a judge's action at the time the alleged error was made.
C) a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court.
D) the defendant must show that the errors made were not material.

Question 46

Under what conditions can one or more members of a class may sue or be sued as representative of a class? What type of lawsuit can their claims be consolidated into?

Question 47

The function of a judge in the United States differs from that in Europe.Explain.

Question 48

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a _____.

A) treatise
B) citation
C) transcript
D) brief

Question 49

The employees of Claudio Inc.were on strike for 30 days and that led to huge losses for the business.Owing to loss of business and wages,both parties wanted to settle the dispute but were unable to negotiate successfully.Which method of dispute settlement is best suited to them? Why?

Question 50

Explain the concept of a motion to dismiss.

Question 51

Which of the following is true of the burden of proof in a criminal trial?

A) It should be "beyond a reasonable doubt."
B) It is placed on the defendant.
C) During the closing of a case, when the defendant's attorney goes first, he or she has the burden of proof.
D) It is similar to that for civil cases.