Deck 2: Dispute Settlement

Question 1

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

Answer 1

True

Question 2

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

Answer 2

False

Question 3

A party who is dissatisfied with the decision of a lower court can always take the case all the way to the U.S.Supreme Court.

Answer 3

False

Question 4

Mediators make decisions based on the merits of a dispute.

Question 5

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 6

Minitrial is also known as a summary jury trial.

Question 7

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

Question 8

The losing party in arbitration cannot appeal the arbitrator's decision in a regular court on the basis that the decision was unwise.

Question 9

Which of the following statements is true about a minitrial?

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

Question 10

A new trial is required in case where a case is remanded by an appellate court.

Question 11

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 or decision of the arbitrator.
C)can only make the arbitration award enforceable.
D)can publish its arbitration awards.

Question 12

A prisoner seeks injunctive relief to improve prison conditions.However,while the case is still pending,the prisoner's sentence ends and he is released.On the date of deciding the case,the American Federal Court could:

A)choose not to decide the case stating the case was moot.
B)ask the ex-prisoner to appeal to the Supreme Court.
C)ask the prisoner to apply for a new trial.
D)ask the prisoner to appeal to the court of appeals.

Question 13

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 to negotiate a settlement.

Question 14

Small claim courts are courts of record.

Question 15

International trade arbitration agreements are enforced through multilateral treaties.

Question 16

Even if a jury unanimously finds a defendant guilty,the judge can find in the defendant's favor by granting a motion for 'judgment notwithstanding the verdict'.

Question 17

An employee appointed within an organization to settle disputes is called a(n):

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

Question 18

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

Question 19

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

Question 20

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee nor has he ever visited 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 21

Jurisdiction is defined as:

A)the authority of a court to hear a case and render a binding decision on it.
B)the unlimited authority of the court.
C)the process by which cases are decided.
D)the power an individual appointed within an organization possesses to settle disputes.

Question 22

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

A)find new facts for the case.
B)review legal conclusions reached by lower federal courts and administrative agencies.
C)hear only patent,copyright and trademark appeals.
D)hear witnesses and determine facts.

Question 23

Which of the following statements hold true during the presentation of testimony?

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

Question 24

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 (by the judge or jury)and law-finding (by the judge)functions.
D)are specialized courts in the federal court system.

Question 25

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 26

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 27

A motion to dismiss made by the 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 28

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)In an adversary system the cases are heard by a panel of three judges.
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 29

Municipal courts are:

A)courts of record.
B)known as superior courts.
C)known as justice of peace courts in rural areas.
D)courts that handle civil matters involving a limited amount of money.

Question 30

Writ of certiorari (cert.)is given 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 court has too many cases to be heard and has no time to take up a new case.
D)the loser of the case does not pay the judgment.

Question 31

Generally,the role of appellate courts is to:

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

Question 32

Robert files a case against Richard for non payment of dues.Before the trial,Richard is examined under oath in the presence of Robert's attorney.What is this process of examination known as?

A)Deposition
B)Discovery
C)Pretrial conference
D)Default judgment

Question 33

A rule of law enabling the 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 34

Which of the following concerning 'pleadings' is true?

A)The first step in starting a lawsuit is the serving of a summons on the defendant.
B)The case is set for trial on the court calendar once the pleadings have commenced.
C)They serve three major functions.
D)The complaint,answer and reply inform the parties of each other's claims and form the basis for a trial.

Question 35

Mr.Burns filed a case against Mr.Johnson in the court at Ohio.However,Mr.Johnson had never visited Ohio,nor had any personal ties with anyone in Ohio.Mr.Johnson could defend the case on the basis that the court:

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

Question 36

A resident of Ohio was convicted of bank robbery of $90000 in California.In which of the following courts should his case be filed?

A)Small Claim Court
B)Trial Court
C)District Court
D)Justice of Peace Court

Question 37

Trial courts differ from inferior courts in that 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 from which an appeal can be taken.
D)are called municipal courts in urban areas.

Question 38

It is seen that Court X hears cases that have been referred to it by trial courts.However,it does not hear any witnesses nor does it review new facts about the case.Court X is a/an:

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

Question 39

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 40

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

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

Question 41

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.
D)the defendant must show that the errors made were not material.

Question 42

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 is called a:

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

Question 43

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

Question 44

Which of the following is true with respect to criminal trial?

A)The defendant bears the burden of proof.
B)The burden of proof need only have "a preponderance of the evidence".
C)The burden of proof should be "beyond a reasonable doubt".
D)The burden of proof for a criminal case is the same as that for a civil case.

Question 45

The term "amicus curiae" means:

A)"friendly cure" or the amicable resolution to a mediated dispute.
B)"friend of the court" or a third party allowed to file briefs.
C)"small courier" or the briefs,originally 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 46

The employees of a company have been on strike for 30 days which has led to huge losses for the business.The employees complain about the increased accidents in the company and lack of safety measures undertaken by the management.The management in turn blames the employees for negligence.Owing to loss of business and wages,both parties want to settle the dispute but have been unable to negotiate successfully; the main problem being feelings of resentment and distrust.Both parties want to settle out of court but do not want the third party to whom the dispute is submitted to decide the outcome.Which method of dispute settlement is best suited to them? Why?
Would the method change if the parties were ready to accept awards by third parties but were not particular about the reasons of awards?

Question 47

Explain why an appeal can only be taken from a court of record.

Question 48

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

Question 49

In order to enforce a judgment against an unwilling loser of the judgment,a court can issue:

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

Question 50

What is the legal standard for granting a motion to dismiss? What purpose does this motion serve?