Deck 3: Judicial, Alternative, and Online Dispute Resolution

Question 1

Third parties who have an interest in a lawsuit between a plaintiff and a defendant may not become parties to that lawsuit.

Answer 1

False

Question 2

A deposition is written questions submitted by one party to a lawsuit to another party.

Answer 2

False

Question 3

The trier of fact determines factual issues.

Answer 3

True

Question 4

A plaintiff's response to a defendant's cross-complaint is called a reply or an answer.

Question 5

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

Question 6

A defendant may not answer and file a cross-complaint at the same time.

Question 7

The statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant.

Question 8

Despite the electronic age,electronic filings of pleadings,briefs,and other documents is not acceptable when handling a lawsuit.

Question 9

A motion for judgment on the pleadings may only be made by the plaintiff once the pleadings are complete.

Question 10

A plaintiff must file an answer to the defendant's complaint.

Question 11

A defendant who fails to answer the complaint will have a default judgment entered against him or her.

Question 12

If a plaintiff is injured in an auto accident and is seeking damages for physical injury,a court can order that party to submit to a physical examination to determine the extent of his or her injuries.

Question 13

A defendant's answer usually denies most allegations of a complaint.

Question 14

A settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case.

Question 15

Interrogatories are oral testimony given by a party or witness prior to trial.

Question 16

There is only one type of statute of limitations,and that is the one established by the federal government.

Question 17

In a cross-complaint,the defendant sues the plaintiff.

Question 18

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

Question 19

Consolidation of cases involves combining two or more separate lawsuits into one lawsuit.

Question 20

One party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial.

Question 21

A judicial referee's decisions may act only as possible considerations for a case's outcome,not as a judgment of the court.

Question 22

Voir dire is a process of selecting individuals to hear specific cases.

Question 23

An appellate court will not reverse a lower court decision if it finds an error of law in the record.

Question 24

The document filed to initiate a lawsuit is known as an allegation.

Question 25

An arbitrator's decision is generally known as a judgment.

Question 26

In a civil case,the judge may not reduce the amount of monetary damages awarded by the jury.

Question 27

The Uniform Arbitration Act is a federal statute that applies to all states.

Question 28

The U.S.Supreme Court has upheld the use of arbitration to solve employment disputes.

Question 29

A minitrial is a session whereby representatives of each side hear lawyers of each side present their case,which is then often followed by a meeting to negotiate a settlement.

Question 30

More than 95 percent of all cases are settled before they go to trial.

Question 31

For a trial to be conducted with a jury,both parties must request a jury trial.

Question 32

The unique aspect about appeals is that notice of the appeal is not necessary so long as the appeal is filed within a reasonable time after judgment is entered.

Question 33

Each party must submit a trial brief at the time of trial that contains legal support for its side of the case.

Question 34

A defendant presents his or her case before the plaintiff presents his or hers.

Question 35

When deciding to bring a lawsuit,one should consider the unpredictability of the legal system and the possibility for error.

Question 36

In a civil case,only the defendant may appeal the trial court's decision once a final judgment is entered.

Question 37

The Federal Arbitration Act provides that arbitration agreements concerning commerce are valid,irrevocable,and enforceable contracts unless some grounds exist at law or equity to revoke them.

Question 38

In a mediation,the parties choose an interested third party to act as a mediator.

Question 39

When the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal,this is known as rejoinder.

Question 40

Another name for an appellant is the petitioner.

Question 41

The purpose of a closing argument is to allow an attorney to:

A) call additional witnesses and introduce other evidence to counter a rebuttal
B) render jury instructions to the judge
C) convince the jury to render a verdict for their clients by pointing out the strengths in their client's case and the weaknesses in the other side's case
D) summarize the main factual and legal issues of the case and tell why the attorney believes his or her client's position is valid

Question 42

A cross-complaint is usually brought by the defendant for the purpose of:

A) an answer so that a default judgment will not be entered against the defendant
B) a trespasser
C) seeking damages or some remedy against the plaintiff
D) a guest

Question 43

What must the defendant's case do?

A) rebut the plaintiff's evidence
B) prove any affirmative defenses asserted by the defendant
C) prove any allegations contained in the defendant's cross-complaint
D) All of these are correct.

Question 44

If the documents a party seeks are too voluminous to be moved,or are in permanent storage,the requesting party may be required to:

A) examine the documents at the other party's premises
B) request the documents by certified mail
C) submit to a mental examination
D) sign the request under oath

Question 45

In general,an appellate court might typically reverse which of the following?

A) the trial court's findings of fact
B) the trial court's conclusions of law
C) negligence
D) both A and B

Question 46

In a civil case,the party whom the complaint is filed against is the:

A) defendant
B) district attorney
C) state
D) public defender
E) A,B,and C

Question 47

A statute of limitation limits what can or cannot be mentioned in a party's complaint.

Question 48

Which party bears the burden of proof to persuade the trier of fact on the merits of his or her case?

A) the plaintiff
B) the jury
C) the offeror
D) the judge
E) A,B,and C

Question 49

Potential jurors are selected to hear specific cases through the process of voir dire.

Question 50

The defendant's written response to the plaintiff's complaint that is filed with the court and served on the plaintiff is known as the:

A) a licensee
B) appeal
C) answer
D) judgment
E) prayer for relief

Question 51

A default judgment establishes the defendant's:

A) an invitee
B) answer
C) defenses
D) liability
E) All of these are correct.

Question 52

When an appellate court receives a case appealed to it,it will:

A) retry the case with a new jury
B) review the jury's verdict to see if the appellate court judges would have reached the same result
C) retry the case with the appellate court judge acting as the jury
D) review the record of the trial court to see if there were any errors of law made by the judge

Question 53

In general,a party must wait until the trial to find out the facts of the other party's case.

Question 54

Which amendment guarantees the right to a jury trial in a case in federal court?

A) the fifth amendment
B) the sixth amendment
C) the seventh amendment
D) the eleventh amendment
E) the fourteenth amendment

Question 55

Once a complaint has been filed with the court,the court issues a:

A) judgment
B) motion for summary judgment
C) summons
D) both A and D

Question 56

Which of the following motions would allege that if all of 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?

A) motion to suppress the evidence
B) motion for production of documents
C) judgment notwithstanding the verdict
D) motion for judgment on the pleadings
E) motion to dismiss

Question 57

A party must file a motion to consolidate in order to become a party to a preexisting lawsuit between other parties.

Question 58

Which of the following is one of the major purposes of a settlement conference?

A) to try and make amends among the parties
B) licensees only
C) to facilitate the settlement of a case
D) to contest the local court rules
E) All of these are correct.

Question 59

What does a motion for summary judgment assert?

A) That there are no factual disputes to be decided by the jury.
B) That a judge may not apply law to undisputed facts.
C) That these motions are not supported by affidavits.
D) That the defendant has multiple grounds for appeal.

Question 60

In an answer filed for a lawsuit,the defendant must present the defendant's version of the events described in the complaint.

Question 61

If Sam was on vacation in Mexico and forgot to serve the lawsuit he wanted to bring against Delia until 1 month after the statute of limitations period,what is the most likely result?

A) Sam will lose his right to sue Delia.
B) Sam can still sue Delia as Mexico's law does not apply.
C) Sam can make a deal with Delia not to sue her for as much as he originally intended.
D) None of these are correct.

Question 62

George has served Mary with a complaint alleging that she trespassed on his property.Mary has never been sued before and as such,she seeks your advice on what to do with the complaint.You advise that she:

A) do not respond and maybe George will drop the lawsuit
B) write a letter the to judge saying that George is mistaken
C) answer George's complaint by admitting or denying the allegations George has asserted against her
D) do not provide any affirmative defenses that George can use against Mary

Question 63

Which of the following is true about cross examination of a plaintiff's witness in a trial?

A) Cross examination is conducted by the plaintiff's attorney,and can cover any matters relevant to the case.
B) Cross examination is conducted by the plaintiff's attorney,and can cover only matters that were brought up during the discovery process.
C) Cross examination is conducted by the defendant's attorney,and can cover any matters relevant to the case.
D) Cross examination is conducted by the defendant's attorney,and can cover only matters that were brought up in the direct examination.
E) Cross examination is conducted by the defendant's attorney,and can cover only matters that were brought up during the discovery process.

Question 64

A party who is making a motion for summary judgment is asserting that:

A) most of the factual evidence is in its favor,so that the judge,rather than a jury,should decide the factual disputes
B) the factual disputes are relatively simple and straightforward such that a full-detailed judgment is not necessary in the case
C) the case can be decided solely on the information contained in the complaint and the answer
D) a jury is not needed in deciding the case because there are no relevant facts that are in dispute

Question 65

Which of the following is true regarding mediation?

A) A mediator often meets with both parties at the same time.
B) A settlement agreement is never reached with a mediator.
C) A mediator does not make a decision or an award.
D) If a settlement agreement is not reached in mediation,then the parties hire a new mediator.

Question 66

Under what circumstances is it appropriate for a judge to issue a judgment n.o.v.?

A) When there are no disputes as to the facts of the case.
B) When the evidence cannot support the verdict of the jury.
C) When the judge would have reached a different conclusion than the jury based on the evidence.
D) When the judgment n.o.v. is issued pursuant to a fair and impartial pretrial hearing.

Question 67

Someone who is not a party to a lawsuit but has an interest in the outcome and therefore wants to become a party to the suit must:

A) await the outcome of this trial and then file a separate action
B) assault
C) counter-sue
D) consolidate
E) file a cross-complaint

Question 68

A motion asserting that there are no factual issues in dispute in a trial is known as a:

A) motion for settlement
B) motion for judgment on the pleadings
C) motion for summary judgment
D) motion to intervene
E) motion for determination

Question 69

Which of the following would be examples of affirmative defenses Henry,a defendant,might assert in answering a complaint alleging personal injury being brought by Lisa?

A) That he acted in self-defense.
B) That Lisa's lawsuit is barred because of the statute of limitations.
C) That Lisa contributed to her own injuries.
D) All of these are correct.

Question 70

Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but no posted signs or traffic lights.They are in agreement as to everything that happened in the accident,including the locations of the two cars and the timing of events leading to the accident.Based on their pleadings and on information obtained during discovery,the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided.The appropriate motion for one of the parties to file is:

A) motion for judgment on the pleadings
B) motion for judgment n.o.v.
C) A and B only
D) motion for summary judgment

Question 71

Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?

A) arbitration
B) mediation
C) minitrial
D) conciliation

Question 72

Is it reasonable for appellate courts to not hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal.If this is the case,wouldn't justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available,should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury?

Question 73

Which of the following is true with regard to arbitration?

A) Less formal evidentiary rules are applied at arbitration hearings.
B) Arbitrators enter awards after reaching a decision.
C) The parties often agree to be bound by the arbitrator's decision and award.
D) All of these are correct.

Question 74

What is "voir dire?"

A) the jury deliberation process in a trial
B) the U.S. Supreme Court's case selection process
C) the jury selection process in a trial
D) a discovery method to learn about the other party's case
E) a motion to dismiss a case

Question 75

If the discovery process results in learning about the other side's case,what is the purpose of having a trial? Wouldn't it be redundant to have the trial if both parties already know what is going to be said?

Question 76

Which of the following is not a purpose of discovery?

A) To eliminate surprise at trial.
B) To save the time of the court.
C) To promote the settlement of cases.
D) To preserve evidence.
E) To avoid the use of the evidence at trial.

Question 77

In a civil case,which of the following is true about the order of the presentation of the case?

A) The plaintiff is first to present,followed by the defendant.
B) The defendant is first to present,followed by the plaintiff.
C) The judge decides who goes first,which depends on the circumstances of the case.
D) The order of presentation is determined by the flip of a coin or other random selection method.

Question 78

Forms of discovery include all but which one of the following?

A) rational
B) interrogatories
C) physical examinations
D) of any type
E) voir dire

Question 79

Mable has balanced the cost against the benefit of bringing a lawsuit against Harvey.She has decided to sue him for monies owed to her as per a contract the two entered into.However,she would much rather settle her case at the pretrial hearing.If you were advising her about the statistics of cases that settle before they go to trial,what would you tell her?

A) That less than 10 percent of all cases settle.
B) That she is wasting her time as less than 5 percent of all cases settle.
C) That more than 95 percent of all cases settle.
D) That 50 percent of all cases go to trial.

Question 80

Which of the following pleadings could typically be filed by a defendant in a lawsuit?

A) answer and complaint
B) complaint and cross-complaint
C) motion to intervene and complaint
D) answer and cross-complaint
E) cross-complaint and reply