Question 1

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Accepted Answer

A) True 
 B)False

Question 2

A(n)________ is oral testimony given by a party or witness prior to trial.

Accepted Answer

The answer of A(n)________ is oral testimony given by a...

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

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

Question 5

What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

Accepted Answer

The answer of What can a party to a lawsuit...

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

The act of others to join as parties to an existing lawsuit is termed as ________.

Accepted Answer

The answer of The act of others to join as...

Question 8

________ 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.

Accepted Answer

The answer of ________ alleges that if all the facts...

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Differentiate between trials with and without jury.

Accepted Answer

The answer of Differentiate between trials with and without jury....

Question 11

Which of the following statements is true of a court trial?

Accepted Answer

A)  All civil cases are tried with a jury. 
B)  The judge is the trier of fact in a jury trial. 
C)  A jury is not required in a trial unless both parties request one. 
D)  Prospective jurors are questioned by lawyers for each party.

Question 12

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

Accepted Answer

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

Question 13

If two parties to a lawsuit can afford the finances to conduct a mini-trial, would it not be beneficial for them to conduct a complete court trial instead?

Accepted Answer

The answer of If two parties to a lawsuit can...

Question 14

The process of bringing, maintaining, and defending a lawsuit is called ________.

Accepted Answer

The answer of The process of bringing, maintaining, and defending...

Question 15

A(n)________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Accepted Answer

The answer of A(n)________ establishes the period during which a...

Question 16

Which of the following is a method of alternative dispute resolution?

Accepted Answer

A)  pretrial hearing 
B)  settlement conference 
C)  appeal 
D)  fact- finding

Question 17

A(n)________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.

Accepted Answer

A)  pretrial hearing 
B)  arbitration 
C)  mini-trial 
D)  appeal

Question 18

What is the purpose of a pretrial hearing?

Accepted Answer

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 19

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 ________.

Accepted Answer

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

Question 20

Which of the following statements is true of deposition?

Accepted Answer

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.

Exam 4: Judicial, Alternative, and E-Dispute Resolution

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

A(n)________ is oral testimony given by a party or witness prior to trial.

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

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

What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

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

The act of others to join as parties to an existing lawsuit is termed as ________.

________ 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.

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

Differentiate between trials with and without jury.

Which of the following statements is true of a court trial?

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

If two parties to a lawsuit can afford the finances to conduct a mini-trial, would it not be beneficial for them to conduct a complete court trial instead?

The process of bringing, maintaining, and defending a lawsuit is called ________.

A(n)________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Which of the following is a method of alternative dispute resolution?

A(n) ________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.

What is the purpose of a pretrial hearing?

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 ________.

Which of the following statements is true of deposition?