CHAPTER 3 WARM UP

E. ​cross-complaint

A defendant may choose to countersue the plaintiff by filing a document against the plaintiff to seek damages or some other remedy. What is this filing​ called? A. reply B. answer C. appeal D. summons E. ​cross-complaint

B. 60 or 90 days

A notice of appeal must be filed by a party within a prescribed period of​ time, usually within​ _____. A. 24 hours B. 60 or 90 days Your answer is correct.C. 5 or 7 days D. 1 or 3 weeks E. 6 months or 1 year

C. complaint

A summons is a court order directing the defendant to appear in court and answer a​ __________. A. reply B. counterclaim C. complaint Your answer is correct.D. permanent injunction E. temporary injunction

B. More than​ 95%

Approximately what percent of cases are settled before they go to​ trial? A. ​50% B. More than​ 95% Your answer is correct.C. less than​ 10% D. ​25% E. ​80%

D. ​Seventh; civil

Pursuant to the​ _____ Amendment to the United States​ Constitution, a party to a​ _____ action at law is guaranteed the right to a jury trial in a case in federal court. A. ​Seventh; criminal B. ​Ninth; criminal C. ​Tenth; criminal D. ​Seventh; civil Your answer is correct.E. ​Ninth; civil

E. reply

The original plaintiff must file a​ _____ to the original​ defendant's cross-complaint. A. dismissal without prejudice B. counterclaim C. complaint D. dismissal with prejudice E. reply

D. If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? A. Online mediation is called​ e-mediation. B. Online arbitration and mediation services fees are reasonable. C. In an online​ arbitration, a settlement can be reached rather quickly. D. If a legal dispute is not settled using​ e-mediation, the parties may not pursue their case in the courts. Your answer is correct.E. The parties act through a more objective online process rather than meet​ face-to-face.

C. A​ mediator's decision is binding and​ non-appealable.

Which of the following is an INCORRECT statement regarding​ mediation? A. The mediator is usually a person who is an expert in the area of the dispute or a lawyer or retired judge. B. The mediator usually acts as an intermediary between the parties. C. A​ mediator's decision is binding and​ non-appealable. Your answer is correct.D. Mediation is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute. E. A​ mediator's role is to assist the parties in reaching a settlement.

E. appellee

On​ appeal, the responding party is called the​ _____. A. petitioner B. ​cross-complainant C. appellant D. ​counter-claimant E. appellee

D. replacing the jury with Artificial Intelligence​ (AI)

Technology is being used in courts and legal proceedings in each of the following ways ​EXCEPT: A. ​e-mailing documents to the court B. telephone conferences with the judge or opposing counsel C. scanning of evidence for digital storage and retrieval D. replacing the jury with Artificial Intelligence​ (AI) Your answer is correct.E. electronic filing of documents

C. It gives plaintiffs the ability to choose a state or federal court to hear the case.

The Class Action Fairness Act​ (CAFA) reduces abuses in class action lawsuits in all the following ways ​EXCEPT: A. It permits courts to determine the reasonableness of​ attorney's fees. B. It prevents forum shopping. Your answer is not correct.C. It gives plaintiffs the ability to choose a state or federal court to hear the case. This is the correct answer.D. It permits courts to rule on the reasonableness of coupon settlements. E. It permits courts to rule on the reasonableness of​ non-cash settlements.

E. electronic courts​ (e-courts)

Virtual courthouses may also be referred to as​ _______. A. network courts B. computer courts C. web courthouses D. digital courthouses E. electronic courts​ (e-courts)

C. resolve or dispose of all or part of the lawsuit prior to trial

What do pretrial motions generally seek to​ do? A. get a new jury B. get a new judge C. resolve or dispose of all or part of the lawsuit prior to trial Your answer is correct.D. allow for more time to question witnesses E. add additional defendants

D. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true

What does a motion for judgement on the pleadings​ allege? A. that there are no factual disputes to be decided by a jury and that the judge can decide the case Your answer is not correct.B. that the amount of damages being sought is not reasonable C. that the accused pleads guilty D. that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true This is the correct answer.E. that the case needs to be postponed

A. a group of similarly situated plaintiffs collectively bringing a lawsuit against a defendant

What is a class action​ lawsuit? A. a group of similarly situated plaintiffs collectively bringing a lawsuit against a defendant Your answer is correct.B. a court case between two companies C. a lawsuit with a class of defendants D. a case that has reached the Supreme Court E. an​ anti-discrimination case

B. The period during which a plaintiff must bring a lawsuit against a defendant.

What is a statute of​ limitations? A. The minimum dollar amount for which the plaintiff can choose to sue. B. The period during which a plaintiff must bring a lawsuit against a defendant. Your answer is correct.C. A limit to the number of times you can sue someone for the same crime. D. The maximum dollar amount for which the plaintiff can choose to sue. E. The maximum length of time a court case may last before reaching a default decision.

C. An amount deposited by the client before the lawyer proceeds.

What is a​ retainer? A. A government appointed attorney for defendants who cannot otherwise afford one. B. A private attorney hired by the defendant in a criminal case. C. An amount deposited by the client before the lawyer proceeds. Your answer is correct.D. The hourly rate paid to a lawyer for their services. E. An arrangement where the lawyer receives a percentage of the amount recovered by winning or settling a case.

E. the lack of a venue

Which of the following is NOT a factor in deciding whether to bring or settle a​ lawsuit? A. the​ long-term effects on the relationship and reputation of the parties B. the amount of money to be won or lost C. the probability of winning or losing D. ​lawyers' fees and other costs of litigation E. the lack of a venue

B. virtual trial

Which of the following is NOT a form of alternative dispute resolution​ (ADR)? A. arbitration B. virtual trial Your answer is correct.C. mediation D. ​mini-trial E. negotiation

D. jury selection

Which of the following is NOT a function of the discovery​ process? A. preserving evidence B. saving court time C. promoting the settlement of cases D. jury selection Your answer is correct.E. preventing surprises

A. ​cross-examination

Which of the following is NOT a method used in the discovery​ process? A. ​cross-examination This is the correct answer.B. interrogatories C. physical or mental examination Your answer is not correct.D. deposition E. production of documents

C. If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate.

Which of the following is NOT true about contingency​ fees? A. Under a​ contingency-fee arrangement, the lawyer receives a percentage of the amount recovered by winning or settling a case. B. ​Contingency-fee arrangements are often used in automobile accident​ lawsuits, medical malpractice​ claims, product liability​ lawsuits, and other personal injury lawsuits. C. If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate. Your answer is correct.D. Expenses for expert witnesses and the like are deducted from the gross amount recovered. E. Contingency fees normally range from 20 to 50 percent of the award or​ settlement, with the average being about 35 to 40 percent.

D. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial.

Which of the following is a correct statement regarding an opening​ statement? A. After the​ plaintiff's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. B. The​ plaintiff's attorney is allowed to give an opening​ statement, but defense counsel is not. C. After the​ defendant's presentation of​ evidence, each​ party's attorney is allowed to make an opening statement to the jury. D. Each​ party's attorney is allowed to make an opening statement to the jury at the beginning of trial. Your answer is correct.E. Defense counsel is allowed to give an opening​ statement, but the​ plaintiff's attorney is not.

E. In​ e-dispute resolution, the parties may not be represented by attorneys.

Which of the following is an INCORRECT statement regarding​ e-dispute resolution? A. Many alternative dispute resolution providers offer electronic arbitration services. B. Most online arbitration requires the registering party to submit an amount that the party is willing to accept or pay to the other party in the online arbitration. C. Online mediation is called electronic mediation. D. Several websites offer online mediation. E. In​ e-dispute resolution, the parties may not be represented by attorneys.