Question 1

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?

Accepted Answer

The answer of After the complaint is filed, the complaint...

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

In Brower v. Gateway, 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:

Accepted Answer

A)  because the Standard Terms and Conditions Agreement made the arbitration agreement enforceable after the customer retained the computer for 30 days and over 30 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 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

The answer of When and why would a defendant file...

Question 7

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

Accepted Answer

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 proved 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 8

Each of the following is a pretrial motion except:

Accepted Answer

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

Question 9

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

Accepted Answer

The answer of What is a pretrial conference, when does...

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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:

Accepted Answer

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 13

Depositions are:

Accepted Answer

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

JR Winery grows grapes and produces wine in the state of Delaware. It purchases its corks from Cork Masters, a California cork importer. Despite a written contract, Cork Masters has informed JR Winery that it will immediately be raising the cost of corks 20 percent. JR Winery disputes the added charges and claims a breach of contract. Both companies 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?

Accepted Answer

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

Question 16

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

Accepted Answer

The answer of A jury that cannot agree on a...

Question 17

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.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

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

Question 19

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

Accepted Answer

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 20

If a civil trial results in a hung jury:

Accepted Answer

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.

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

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?

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

In Brower v. Gateway, 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:

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

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

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

Each of the following is a pretrial motion except:

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

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

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

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:

Depositions are:

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

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

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.

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

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

If a civil trial results in a hung jury: