Deck 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

Question 1

Online dispute resolution (ODR)has all of the advantages of traditional forms of ADR.

Answer 1

True

Question 2

A jury which cannot agree on a verdict is called a ________ jury.

Answer 2

Hung

Question 3

Transcripts of ADR proceedings are required to be available to the public.

Answer 3

False

Question 4

When a dispute arises between two parties,one party will typically make an informal ________ on the other party prior to initiating a law suit.

Question 5

The plaintiff and defendant,the adverse parties in a law suit,are called the _______.

Question 6

When the judge issues the jury instructions,the judge is said to be charging the jury.

Question 7

A motion for a Judgment as a Matter of Law is called a motion for a Judgment Non Obstante Verdicto in some states.

Question 8

In some special types of cases such as divorce,the defendant is instead called a _______.

Question 9

Judges must be present during depositions to resolve disputes and ensure fairness.

Question 10

Scoop Masters Inc.has been charged by Fab Flavors Corp.of stealing Fab Flavor's patented process for making ice cream.After the papers are filed,Scoop Masters begins shredding all documents pertaining to their ice cream making process.Since no motion has been made requesting production of documents,Scoop Masters has done nothing wrong.

Question 11

The document served on the defendant along with the complaint that provides actual notice of the lawsuit is called a _______.

Question 12

A ________ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Question 13

Questions asked by an attorney of witnesses that they have called to testify is called cross examination.

Question 14

The discussions by the jury in a closed room while they attempt to reach a verdict is called _______.

Question 15

Law suits filed for illegitimate reasons such as for harassment,intimidation,or to cause the other party unnecessary costs are called abusive or ________ law suits.

Question 16

Evidence that proves innocence or nonliability is called ________ evidence.

Question 17

At trial,the judge decides the facts and the jury decides the law.

Question 18

Counterclaims are filed by the plaintiff in civil matters.

Question 19

A trial without a jury is called a ________ trial.

Question 20

Albert has sued Tina and received a judgment for $50,000.Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.

Question 21

Each stage of litigation is separate and distinct and each must be completed before the next stage may be started.

Question 22

The American Arbitration Association provides mediation services as well as arbitration services.

Question 23

While normal arbitration produces an arbiter's decision and the parties are bound by the award,online arbitration produces a decision; however,the award is not binding on the parties.

Question 24

Generally,everything relevant to a dispute is discoverable in a civil law suit unless protected by a legal privilege.

Question 25

Online negotiation is available for minor disputes but disputes arising from complex transactions may only be resolved with traditional face to face meetings.

Question 26

The term litigation refers to the trial,but does not include pretrial events as well.

Question 27

The Federal Arbitration Act specifically enumerates specific procedures for conducting arbitration hearings.

Question 28

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Question 29

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in which the arbitration took place.

Question 30

Arbitration can at times be legally mandated but mediation is entered into only on a voluntary basis.

Question 31

In civil cases,the standard of proof used by state trial courts is a preponderance of the evidence while in federal trial court the standard of proof is beyond a reasonable doubt.

Question 32

Larry has sued Jeff and received judgment in the amount of $24,000.Larry is a judgment creditor.

Question 33

Legally mandated arbitration is nonbinding arbitration.

Question 34

For the courts to allow a law suit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Question 35

In the typical business context,ADR is invoked either via contract or by mutual agreement.

Question 36

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Question 37

A motion for a summary judgment may be filed by either the plaintiff or defendant.

Question 38

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Question 39

Laura and Susan have had a motor vehicle accident and Susan has sued Laura claiming severe back injuries.If Laura wants to obtain a copy of Susan's doctor and hospital reports,she should serve a request for admissions to Susan.

Question 40

In Alston v.Advance Brands and Importing Company,the court reasoned that if the actual sale and purchase (of alcohol)is insufficient to remedy Alston's alleged injuries,then outlawing mere advertising must be insufficient as well.

Question 41

Who,among the following,is not present during a pretrial conference?

A) the judge
B) the parties
C) the court reporter
D) the party's attorneys

Question 42

The number of civil cases filed in state and federal courts combined in 2008 exceeded:

A) 10 thousand.
B) 10 million.
C) 20 thousand.
D) 20 million

Question 43

Fred is a student in your class and is frequently disruptive.Your professor has asked him to stop talking four times and to stop texting three times; just in today's class.Finally your professor asks him to leave and when Fred says "make me"; your professor loses it and knocks him out with a right cross to the jaw.Fred is now suing your professor for civil battery.Both sides believe that you can provide valuable information for their side.Which discovery method should they use to get your information?

A) a deposition
B) an interrogatory
C) a request that you write down your recollection and so they can file for a request for production to obtain your statement
D) a request that you make an admission

Question 44

During the pleadings stage,a third party may be brought into the trial by a defendant by filing a/an:

A) supplementary answer.
B) counterclaim.
C) cross-claim.
D) additional complaint

Question 45

Which of the following is not true of ADR proceedings?

A) the jury decision in an ADR proceeding is automatically subject to one appeal
B) the party conducting the ADR hearing is chosen by the disputing parties themselves in certain instances
C) ADR hearings generally result in much less publicity than does litigation
D) ADR hearings usually arrive at a resolution at a much lower cost than does litigation

Question 46

In Alston v.Advance Brands and Importing Company,Alston sued to prevent advertising of alcohol because it influenced children.He was found not to have standing for each of the reasons below except:

A) Alston did not evidence any actual injury.
B) Alston's children bought liquor using money provided by Alston, so he was at fault.
C) Alston could not show that a proper remedy was available.
D) Even if injury could be shown, the injury was not direct because Alston's alleged injury was not directly connected to the defendants and was broken by third party sellers who criminally sold to minors

Question 47

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a:

A) motion for a summary judgment.
B) motion to dismiss for mistrial.
C) motion for a judgment as a matter of law.
D) motion to dismiss

Question 48

Mike has sued Kathy for injuries received in a traffic accident.If Kathy fails to respond to the complaint and summons within the proper time limit:

A) Mike wins based on a summary judgment.
B) Mike wins based on a default judgment.
C) Mike wins based on a judgment as a matter of law.
D) nothing happens, Kathy is not required to respond to a complaint and summons

Question 49

Voir dire:

A) is a form of discovery.
B) is the process of choosing a jury.
C) is a motion made after trial seeking an appeal.
D) is the process of notifying a defendant that they have been sued

Question 50

A complaint will contain each of the following except:

A) a statement of the plaintiff's version of the facts of the case.
B) a statement of the damages suffered.
C) a statement of why the plaintiff believes the defendant is guilty.
D) a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called

Question 51

Binding arbitration means:

A) that the parties had previously agreed that arbitration would be utilized rather than litigation should a dispute arise.
B) that the rules of the hearing will be strict in terms of number of witnesses called, duration of the hearing itself and whether attorneys could be present.
C) that the decision of the arbitrator will be final unless the parties agree to reopen the case.
D) that the decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case

Question 52

Alan is stopped at a traffic light when he is run into by Bianca.He sues her for negligence.At trial,Alan produces evidence that Bianca had a blood alcohol level of 1.3,that she was texting at the time of the accident and that she was not wearing her prescription glasses when she rear ended him.This type of evidence produced by Alan would be called:

A) inculpatory evidence.
B) summary evidence.
C) exculpatory evidence.
D) direct evidence

Question 53

Each of the following is a pretrial motion except:

A) to dismiss for mistrial.
B) to compel discovery.
C) to dismiss.
D) for summary judgment

Question 54

April hires Christine to landscape her yard.They agree on a price,agree on the types and colors of the plantings and agree on the start date.When Christine shows up on the agreed date,April refuses to allow her to begin work.Christine has sued April for breach of contract.At trial,April produces the contract which states that the plants were to be a mixture of red,white and blue and were to be between 12" and 18" in height.She then produced pictures to show that Christine had arrived with only purple and yellow plants that were 6" to 8" high.This type of evidence produced by April would be called:

A) inculpatory evidence.
B) summary evidence.
C) exculpatory evidence.
D) direct evidence

Question 55

In Bridgestone Americas Holding,Inc.v.Mayberry,the court had to determine if Bridgestone's trade secret for a particular formula was discoverable.They decided:

A) whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed.
B) because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable.
C) the trade secret formula was not discoverable because the case could be proven by the tire's appearance and disclosure of the trade secret formula was therefore not pertinent.
D) if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition

Question 56

The filing of the complaint begins which stage of litigation?

A) the pleadings
B) discovery
C) voir dire
D) the trial

Question 57

Which of the following is not required in order to show standing to assert a claim?

A) the party must have suffered an injury in fact
B) the party must be a citizen or taxpayer eligible to use the U.S. court system
C) the party must suffer harm that is direct, concrete and individualized
D) the party must articulate what legal redress exists to compensate for the injury

Question 58

In the civil system,the term litigation refers to:

A) matters that occur prior to the trial.
B) the trial itself.
C) both the pretrial and trial.
D) post trial enforcement of judgments

Question 59

Depositions are:

A) oral questions, answered orally asked of parties and witnesses.
B) oral questions, answered orally asked only of parties.
C) written questions, answered in writing asked of parties and witnesses.
D) written questions, answered in writing asked only of parties

Question 60

If a civil trial results in a hung jury:

A) the plaintiff wins.
B) the defendant wins.
C) the litigants must start the process over and conduct a trial with a new jury.
D) this will be grounds for an automatic appeal and the appellate court will render a final decision

Question 61

Which of the following does not result in a decision rendered by the hearing officer?

A) arbitration
B) mediation
C) med-arb
D) using expert evaluators

Question 62

ADR has some advantages for a company that makes it a better alternative than litigation in many situations.Name and explain the various methods of ODR and what are the advantages that ODR has over ADR for some companies?

Question 63

Which of the following is categorized as informal ADR?

A) negotiation
B) mediation
C) arbitration
D) med-arb

Question 64

Lois is a reporter for the school newspaper and generally writes satirical articles spoofing students,faculty and school policy.After one particular article,Professor Mackey fails to find the humor in her portrayal as a left over 1970's hippie and sues Lois for defamation.In fact,Professor Mackey is a modern woman with a degree in sociology and has written extensively on American culture in the 1960's and 70's.She did attend Woodstock,still listens to Led Zeppelin and still occasionally wears tie-dyed tee shirts when not otherwise professionally dressed.The state trial court finds for Professor Mackey and the jury awards her $10 Million.Is there anything that Lois can do besides filing for an appeal?

Question 65

Kathy is stopped at a red light when she is run into from behind by Mike.This occurred at noon on a clear and sunny day on dry roads.Kathy claims a serious back injury and is suing for various forms of damages.There were three witnesses to the accident.With regard to discovery methods,which form of discovery would be most appropriate in each of the following situations? Fully explain.
a.Kathy would like to avoid calling an expert witness to testify as to road and weather conditions at the time of the accident.
b.Kathy would like to determine if Mike was talking on his cell phone or texting at the time of the accident.
c.Mike would like to see the doctor's reports discussing Kathy's back injury.
d.Both Mike and Kathy would like to get statements from the witnesses.

Question 66

Wanda has graduated from a university and after nine months has failed to find a job.She graduated with a degree in business and her college was AACSB accredited.(AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.)In her complaint,she alleges that four years of school and tuition should guarantee a job in the field of study and she wants her money back.At no time did her school guarantee job placement,either through express or implied statements.Wanda does not disagree with this but still thinks she was wronged and that it's unfair to graduate and not get a job automatically.The school will be successful in extinguishing Wanda's law suit if their attorney files a:

A) motion to dismiss because Wanda does not have standing.
B) motion for summary judgment.
C) motion to dismiss for mistrial.
D) motion for a judgment as a matter of law

Question 67

In order to successfully pursue a law suit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

Question 68

In Brower v.Gateway Computer,the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers.With regard to the agreements enforcement,the court determined that:

A) because the Standard Terms and Agreements document made the arbitration agreement enforceable after the customer retained the computer for thirty days and over thirty days had elapsed, the agreement was considered accepted and enforceable.
B) because Congress had indicated in the Federal Arbitration Act that arbitration agreements were the preferred method of dispute resolution, the courts were bound and preempted by Congress's stated policy so the agreement had to be enforced.
C) because the parties could not agree on a suitable arbitrator, the clause was useless and only litigation before a court could adequately and fairly resolve the dispute.
D) because the mandatory fee required by the arbitration forum exceeded the cost of most of Gateway's products, the prohibitive cost of arbitration made the arbitration unfair and biased toward Gateway and therefore nullified the arbitration clause

Question 69

In Green Tree Financial Corporation v.Randolph,Randolph brought suit in federal court for violation of a federal statute that regulates consumer lending.Green Tree moved to dismiss based on a mandatory arbitration clause in the consumer contract.How did the court decide?

A) for Green Tree because the consumer protection law itself required mandatory arbitration before a law suit could be brought
B) for Green Tree because Randolph had not proven that the mandatory arbitration clause was unfair or biased toward the defendant negating his rights
C) for Randolph because the mandatory arbitration clause was silent regarding the location of the required arbitration so that flaw invalidated the clause due to the potential harm to Randolph should a distant or inconvenient forum be utilized
D) for Randolph because the Federal Arbitration Act requires that matters involving federal law be litigated rather than arbitrated

Question 70

After the complaint is filed,the complaint and summons are served on the defendant.What is the summons and what constitutional mandate does service of the complaint and summons accomplish?

Question 71

What is a pretrial conference,when does it occur,and what are its purposes?

Question 72

From first to last,which of the following trial stages are in the correct order?

A) pretrial conference; pleadings; discovery; deliberations
B) pleadings; discovery; deliberations; jury selection
C) discovery; jury selection; deliberations; charging the jury
D) pleadings; discovery; pretrial conference; jury selection

Question 73

The last time an attorney addresses a jury is during the:

A) closing argument.
B) jury instructions.
C) deliberations.
D) making of a Motion for a Judgment as a Matter of Law

Question 74

When the American Arbitration Association receives an application for appointment of an arbitrator,it:

A) meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
B) meets with attorneys from both sides to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
C) receives a list of suggested arbitrators from both parties and then selects the arbitrator who then informs the parties of the procedures and rules of arbitration.
D) appoints a tribunal administrator who then informs the parties of the procedures and rules of arbitration

Question 75

Discuss the potential advantages of ADR over litigation.

Question 76

When and why would a defendant file a cross-claim and when would a defendant file a counterclaim?

Question 77

The Federal Arbitration Act provides four grounds by which a court may set aside the award of an arbitrator.Name them.

Question 78

JR Winery grows grapes and produces wine in the state of Delaware.They purchase their corks from Cork Masters,a California cork importer.Despite a written contract,Cork Masters has informed JR Winery that they will immediately be raising the cost of corks 20%.JR Winery disputes the added charges and claims a breach of contract.They agree that they want to resolve the dispute as cheaply as possible but also agree that they want to actually see each other during any dispute resolution proceedings.Which type of ODR would best suit their mutual interests?

A) online negotiation
B) online mediation
C) online arbitration
D) med-arb

Question 79

When disputing parties submit blind bids to an automated service stating what they are willing to pay or receive to resolve the dispute and the software evaluates the bids and produces a fair price based on the party's input,the form of ODR being utilized is:

A) online negotiation.
B) online mediation.
C) online arbitration.
D) med-arb

Question 80

You have just graduated and have started your own business.You will be providing goods and services to the general public and you are concerned about potential legal exposure and resultant costs of litigation.You'd like to add a mandatory arbitration clause to all of your contracts.Is a mandatory arbitration clause legal and valid and if so,what concerns must you consider in constructing this clause?