Legal Studies- Ch. 4 Warmup
A notice of appeal must be filed by a party within a prescribed period of time, usually within _____.
60 or 90 days
Technology is being used in courts and legal proceedings in each of the following ways EXCEPT:
replacing the jury with Artificial Intelligence (AI)
The original plaintiff must file a _____ to the original defendant's cross-complaint.
reply
What do pretrial motions generally seek to do?
resolve or dispose of all or part of the lawsuit prior to trial
What does a motion for judgment on the pleadings allege?
that the party making the motion would win the lawsuit assuming all facts presented in the pleadings are taken as true
Which of the following is NOT a factor in deciding whether to bring or settle a lawsuit?
the lack of a venue
Which of the following is NOT a form of alternative dispute resolution (ADR)?
virtual trial
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.
Seventh; civil
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?
cross-complaint
Which of the following is NOT a method used in the discovery process?
cross-examination
What is a retainer?
An amount deposited by the client before the lawyer proceeds.
Which of the following is an INCORRECT statement regarding mediation?
A mediator's decision is binding and non-appealable.
Which of the following is a correct statement regarding an opening statement?
Each party's attorney is allowed to make an opening statement to the jury at the beginning of the trial.
Which of the following is an INCORRECT statement regarding the e-dispute resolution?
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 NOT true about contingency fees?
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 an INCORRECT statement regarding the e-dispute resolution?
In an e-dispute resolution, the parties may not be represented by attorneys.
The Class Action Fairness Act (CAFA) reduces abuses in class action lawsuits in all the following ways EXCEPT:
It gives plaintiffs the ability to choose a state or federal court to hear the case.
What is a class action lawsuit?
a group of similarly situated plaintiffs collectively bringing a lawsuit against a defendant
Approximately what percent of cases are settled before they go to trial?
More than 95%
What is a statute of limitations?
The period during which a plaintiff must bring a lawsuit against a defendant.
On appeal, the responding party is called the _____.
appellee
A summons is a court order directing the defendant to appear in court and answer a __________.
complaint
Virtual courthouses may also be referred to as _______.
electronic courts (e-courts)
Which of the following is NOT a function of the discovery process?
jury selection