Deck 3: Judicial, Alternative, and E-Dispute Resolution

Question 1

Litigation is the process of bringing, maintaining, and defending a lawsuit.

Answer 1

True

Question 2

Which of the following is NOT one of the four major pretrial phases?

A) pleadings
B) settlement Conference
C) discovery
D) litigation

Answer 2

D

Question 3

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

Answer 3

True

Question 4

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

A) answer
B) rejoinder
C) summons
D) judicial restraint

Question 5

In a litigation process, the party who files a complaint is called the ________.

A) bailiff
B) plaintiff
C) prosecutor
D) defendant

Question 6

The statute of limitations establishes the period within which ________.

A) a plaintiff must bring a lawsuit against a defendant
B) a defendant must file a written answer against a plaintiff's complaint
C) a defendant can file a cross-complaint against the plaintiff
D) a motion for judgment on the pleadings can be made by either party

Question 7

What are the advantages and disadvantages to both client and attorney when entering into a contingency fee agreement for attorney's fees?

Question 8

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

A) Complaint
B) Order
C) Appeal
D) Rejoinder

Question 9

Which of the following can be filed by the defendant of a lawsuit?

A) complaint
B) answer
C) reply
D) injunction

Question 10

Which of the following is NOT one of the four major pretrial pleadings?

A) complaint
B) interrogatory
C) cross-complaint
D) answer

Question 11

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

A) intervention
B) consolidation
C) class action
D) arbitration

Question 12

In which of the following cases is a default judgment entered?

A) A defendant admits all the allegations in the complaint.
B) There is insufficient evidence to resolve the dispute.
C) The court believes that the lawsuit can be settled before/without trial.
D) A defendant does not file a written response to a plaintiff's complaint.

Question 13

Briefly explain the steps involved in the pretrial litigation process.

Question 14

When an attorney and client have entered into a contingency fee arrangement, it is possible that the attorney will receive no compensation at all.

Question 15

Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

Question 16

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal

Question 17

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

A) rejoinder
B) answer
C) reply
D) plea

Question 18

An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement?

A) hourly rate
B) retainer
C) flat fee
D) contingency fee

Question 19

Which of the following statements is true about the pretrial litigation process?

A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant's liability.

Question 20

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

A) summons
B) answer
C) rejoinder
D) rebuttal

Question 21

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

Question 22

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

Question 23

The complaint and summons are served on the plaintiff.

Question 24

In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

Question 25

To initiate a lawsuit, the plaintiff must file a complaint in the proper court.

Question 26

A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

Question 27

The statute of limitations for all lawsuits in the United States is two years.

Question 28

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

Question 29

In which of the following cases does a class action occur?

A) There are no factual disputes to be decided by the jury.
B) The defendant has multiple grounds for appeal.
C) A group of plaintiffs collectively bring a lawsuit against a defendant.
D) The plaintiff does not reply to the defender's cross-complaint.

Question 30

A class action is a court order directing the defendant to appear in court and answer the complaint.

Question 31

A defendant can answer a complaint and file a cross-complaint at the same time.

Question 32

The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

Question 33

Once a default judgment is established, the plaintiff only has to prove damages.

Question 34

What happens if a defendant is served with a complaint and a summons, but the defendant chooses not to answer, hoping that the lawsuit will go away?

Question 35

Despite their interest in a lawsuit, third parties may not become parties to the lawsuit.

Question 36

While answering a complaint, a defendant cannot assert affirmative defenses.

Question 37

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2011. If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome?

A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
C) Graham can sue Alice but will not receive damages.
D) Graham can sue Alice but is not entitled to a jury trial.

Question 38

If the defendant does not answer the complaint, a default judgment is entered against him or her.

Question 39

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

Question 40

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

Question 41

Which of the following statements is true of deposition?

A) A deposition is a written testimony given by a witness during the trial.
B) A deposition establishes the period during which a plaintiff must bring a lawsuit against a defendant.
C) Depositions are written questions submitted by one party to a lawsuit to another party.
D) Depositions are used to impeach testimony given by witnesses at trial.

Question 42

What is the purpose of a pretrial hearing?

A) requesting the other party to produce all documents relevant to the case
B) assessing the factual accuracy of the deposition of witnesses
C) instructing the judge to decide the case without a jury
D) facilitating the settlement of a case before it goes to trial

Question 43

Interventions are written questions submitted by one party to a lawsuit to the other party.

Question 44

________ are written questions submitted by one party to a lawsuit to another party.

A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons

Question 45

The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established.

Question 46

A deposition is oral testimony given by a party or witness during the trial.

Question 47

The motion for summary judgment alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

Question 48

________, a pretrial litigation process, serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases.

A) Pretrial motions
B) Discovery
C) Pleadings
D) Settlement conference

Question 49

Which of the following statements is true of deposition?

A) A deposition has to be a written statement.
B) A witness' deposition is voluntary and not pursuant to a court order.
C) Deposition is given post trial.
D) A deponent is given a chance to correct his or her deposition.

Question 50

When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification?

Question 51

Motions for summary judgment are supported by evidence outside of the pleadings.

Question 52

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

A) motion for judgment on the pleadings
B) motion for summary judgment
C) motion for judgment notwithstanding the verdict
D) motion to set aside judgment

Question 53

A pretrial hearing is also known as a settlement conference.

Question 54

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

Question 55

In movies and on television, courtroom scenes often include surprises at trial - surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes.

Question 56

A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature - an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature.
Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered.

Question 57

A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

Question 58

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

A) motion for summary judgment
B) motion for judgment on the pleadings
C) motion for a directed verdict
D) motion for judgment notwithstanding the verdict

Question 59

The term ________ refers to the oral testimony given by a party or witness prior to trial.

A) class action
B) deposition
C) interrogatory
D) intervention

Question 60

Why would a judge require the parties to a lawsuit to appear before the court for a pretrial settlement conference?

Question 61

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

A) rebuttal
B) rejoinder
C) closing argument
D) deliberation

Question 62

After the defendant's attorney completes his or her questions, the plaintiff's attorney can question the witness in a re-direct examination.

Question 63

During a ________, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

A) closing argument
B) rejoinder
C) cross-examination
D) re-direct examination

Question 64

Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

Question 65

Which of the following statements best describes re-direct examination?

A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney.
B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney.
C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney.
D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Question 66

A trial is conducted with a jury only when the defendant requests a jury trial.

Question 67

What is jury deliberation?

A) jurors re-questioning a particular witness from one of the parties
B) jurors considering the evidence and attempting to reach a decision
C) jury and the judge disagreeing on the outcome of the case
D) jurors being replaced in case of illness or disqualification

Question 68

After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.

Question 69

In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Question 70

What is direct examination?

A) inspection and verification of all documents related to a trial by the judge
B) inspection and verification of all documents related to a trial by the jurors
C) witnesses being questioned by the plaintiff's attorney
D) prospective jurors being questioned by the judge or lawyers of each party

Question 71

What are jury instructions?

A) instructions from the jury to the plaintiff's attorney about settling a case before trial
B) instructions from jury informing the judge on what grounds the case can be dismissed
C) instructions to the jury from both parties over the duration within which the case has to be settled
D) instructions to inform the jury about what law to apply when they decide the case

Question 72

Which of the following statements is true of the plaintiff's case?

A) The plaintiff's attorney examines the witnesses during cross-examination.
B) The defendant's attorney examines the witnesses during re-direct examination.
C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
D) Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Question 73

What is cross-examination?

A) inspection of evidence by the trier of facts
B) prospective jurors being questioned by the judge or lawyers of each party
C) witnesses being questioned by the plaintiff's attorney
D) witnesses being questioned by the defendant's attorney

Question 74

Which of the following is NOT generally available to litigants?

A) electronic filing of pleadings
B) virtual jury trials
C) electronic scheduling of hearings and conferences
D) email correspondence with opposing counsel

Question 75

In a civil case John Deer vs. Jane Doe, the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings

Question 76

Differentiate between trials with and without jury.

Question 77

In some jurisdictions, electronic filing of pleadings is mandatory.

Question 78

In a jury trial, the judge is the trier of fact.

Question 79

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

A) Consolidation
B) Trial of fact
C) Voir dire
D) Intervention

Question 80

Which of the following terms refer to the overturn of verdict when jury misconduct is detected?

A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings