3: Judicial, Alternative, and E-Dispute Resolution
Which of the following statements best describes re-direct examination? A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's
A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney.
The statute of limitations establishes the period within which ________. A) a plaintiff must bring a lawsuit against a defendant B) a defendant must file a written answer against a plaintiff's complaint C) a defendant can file a cross-complaint against the plaintiff D) a motion for judgment on the pleadings can be made by either party
A) a plaintiff must bring a lawsuit against a defendant
Which of the following refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit? A) complaint B) order C) appeal D) rejoinder
A) complaint
The act of other interested parties joining as parties to an existing lawsuit is termed as ________. A) intervention B) consolidation C) class action D) arbitration
A) intervention
A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts. A) motion for judgment on the pleadings B) motion for summary judgment C) motion for judgment notwithstanding the verdict D) motion to set aside judgment
A) motion for judgment on the pleadings
Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury? A) motion for summary judgment B) motion for judgment on the pleadings C) motion for a directed verdict D) motion for judgment notwithstanding the verdict
A) motion for summary judgment
Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Robert keeps sixty percent of the inheritance while Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used. A) negotiation B) arbitration C) mini-trial D) mediation
A) negotiation
After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________. A) rebuttal B) rejoinder C) closing argument D) deliberation
A) rebuttal
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 a ________. A) remittitur B) judgment notwithstanding the verdict C) motion for summary judgment D) motion for judgment on the pleadings
A) remittitur
The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2020. If Graham wants to bring a lawsuit against Alice on January 15, 2022, which of the following is most likely to be the outcome? A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. B) Graham is not allowed to sue Alice, having lost his right to sue her. C) Graham can sue Alice but will not receive damages. D) Graham can sue Alice but is not entitled to a jury trial.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
Which of the following statements best represents the distinction between binding and nonbinding arbitration? A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. C) A nonbinding arbitration takes place at a court, in the presence of the jury. D) A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.
B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts.
Which of the following statements is true about appeals? A) Only the plaintiff can appeal the court's decision in a civil case. B) Only the defendant can appeal the court's decision in a criminal case. C) An appeal can be made before the trial court gives its final judgment. D) An appellate court cannot reverse a lower court's decision.
B) Only the defendant can appeal the court's decision in a criminal case.
Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925? A) The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. B) The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. C) The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.
B) The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator.
Which of the following can be filed by the defendant of a lawsuit? A) complaint B) answer C) reply D) injunction
B) answer
Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff? A) summons B) answer C) rejoinder D) rebuttal
B) answer
A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff. A) injunction B) cross-complaint C) rejoinder D) rebuttal
B) cross-complaint
The term ________ refers to the oral testimony given by a party or witness prior to trial. A) class action B) deposition C) interrogatory D) intervention
B) deposition
A pretrial litigation process known as ________ serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases. A) pretrial motions B) discovery C) pleadings D) binding arbitration
B) discovery
Which of the following is NOT one of the four major pretrial pleadings? A) complaint B) interrogatory C) cross-complaint D) answer
B) interrogatory
Which of the following terms refer to the overturn of verdict when jury misconduct is detected? A) remittitur B) judgment notwithstanding the verdict C) motion for summary judgment D) motion for judgment on the pleadings
B) judgment notwithstanding the verdict
What is jury deliberation? A) jurors re-questioning a particular witness from one of the parties B) jurors considering the evidence and attempting to reach a decision C) jury and the judge disagreeing on the outcome of the case D) jurors being replaced in case of illness or disqualification
B) jurors considering the evidence and attempting to reach a decision
In litigation, the party who files a complaint is called the ________. A) bailiff B) plaintiff C) prosecutor D) defendant
B) plaintiff
During a ________, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal. A) closing argument B) rejoinder C) cross-examination D) re-direct examination
B) rejoinder
Which of the following is NOT generally available to litigants? A) electronic filing of pleadings B) virtual jury trials C) electronic scheduling of hearings and conferences D) email correspondence with opposing counsel
B) virtual jury trials
In which of the following cases does a class action occur? A) There are no factual disputes to be decided by the jury. B) The defendant has multiple grounds for appeal. C) A group of plaintiffs collectively bring a lawsuit against a defendant. D) The plaintiff does not reply to the defender's cross-complaint.
C) A group of plaintiffs collectively bring a lawsuit against a defendant.
Which of the following statements is true about appellate courts? A) Appellate courts cannot reverse a finding of fact made by the jury. B) Appellate courts cannot reverse a finding of fact made by the judge. C) Appellate courts permit brief oral arguments between attorneys. D) An appellate court cannot reverse a decision of a lower court.
C) Appellate courts permit brief oral arguments between attorneys.
Which of the following statements is true of the plaintiff's case? A) The plaintiff's attorney examines the witnesses during cross-examination. B) The defendant's attorney examines the witnesses during re-direct examination. C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. D) Documents and other evidence have to be introduced before the first witness is subject to direct examination.
C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
Which of the following is the most common form of alternative dispute resolution (ADR)? A) negotiation B) mini-trial C) arbitration D) fact-finding
C) arbitration
Which of the following are written questions submitted by one party to a lawsuit to another party? A) depositions B) rejoinders C) interrogatories D) summons
C) interrogatories
A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint. A) rejoinder B) answer C) reply D) plea
C) reply
Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court. A) answer B) rejoinder C) summons D) judicial restraint
C) summons
Which of the following is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions? A) consolidation B) laissez-faire C) voir dire D) intervention
C) voir dire
What is direct examination? A) inspection and verification of all documents related to a trial by the judge B) inspection and verification of all documents related to a trial by the jurors C) witnesses being questioned by the plaintiff's attorney D) prospective jurors being questioned by the judge or lawyers of each party
C) witnesses being questioned by the plaintiff's attorney
Which of the following statements is true about the pretrial litigation process? A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court. B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her. C) A plaintiff files a cross-complaint against the defendant to seek damages. D) A default judgment establishes the defendant's liability.
D) A default judgment establishes the defendant's liability.
In which of the following cases is a default judgment entered? A) A defendant admits all the allegations in the complaint. B) There is insufficient evidence to resolve the dispute. C) The court believes that the lawsuit can be settled before/without trial. D) A defendant does not file a written response to a plaintiff's complaint.
D) A defendant does not file a written response to a plaintiff's complaint.
Which of the following statements is true of deposition? 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.
D) A deponent is given a chance to correct his or her deposition.
Which of the following statements is true of deposition? A) A deposition is a written testimony given by a witness during the trial. B) A deposition establishes the period during which a plaintiff must bring a lawsuit against a defendant. C) Depositions are written questions submitted by one party to a lawsuit to another party. D) Depositions are used to impeach testimony given by witnesses at trial.
D) Depositions are used to impeach testimony given by witnesses at trial.
Which of the following is NOT an advantage of e-dispute resolution? A) Settlement negotiating can be accomplished electronically. B) Arbitration and mediation service charges are reasonable. C) A settlement can be reached relatively quickly. D) The process is more subjective than face-to-face meetings and negotiation.
D) The process is more subjective than face-to-face meetings and negotiation.
An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement? A) hourly rate B) retainer C) flat fee D) contingency-fee
D) contingency-fee
What is the purpose of a pretrial hearing? 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
D) facilitating the settlement of a case before it goes to trial
Which of the following is a method of alternative dispute resolution? A) pretrial hearing B) settlement conference C) appeal D) fact-finding
D) fact-finding
What are jury instructions? A) instructions from the jury to the plaintiff's attorney about settling a case before trial B) instructions from jury informing the judge on what grounds the case can be dismissed C) instructions to the jury from both parties over the duration within which the case has to be settled D) instructions to inform the jury about what law to apply when they decide the case
D) instructions to inform the jury about what law to apply when they decide the case
Which of the following is NOT one of the four major pretrial phases? A) pleadings B) settlement conference C) discovery D) litigation
D) litigation
The appealing party in an appeal is called a(n) ________. A) appellate B) appellee C) respondent D) petitioner
D) petitioner
What is cross-examination? A) inspection of evidence by the trier of facts B) prospective jurors being questioned by the judge or lawyers of each party C) witnesses being questioned by the plaintiff's attorney D) witnesses being questioned by the defendant's attorney
D) witnesses being questioned by the defendant's attorney
A class action is a court order directing the defendant to appear in court and answer the complaint.
FALSE
A deposition is oral testimony given by a party or witness during the trial.
FALSE
A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.
FALSE
A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.
FALSE
A trial is conducted with a jury only when the defendant requests a jury trial.
FALSE
After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.
FALSE
Although e-dispute resolution may save the parties to a legal dispute time and energy, the legal fees associated with e-dispute resolution are exorbitant.
FALSE
Appellate courts will frequently reverse a finding of fact made by a jury.
FALSE
Binding arbitration is subject to appeal in a court of law.
FALSE
Despite their interest in a lawsuit, third parties may not become parties to the lawsuit.
FALSE
E-discovery is the process whereby relevant electronic documents are discovered, exchanged, collected, preserved, and processed before a complaint is filed.
FALSE
In a jury trial, the judge is the trier of fact.
FALSE
In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.
FALSE
Interventions are written questions submitted by one party to a lawsuit to the other party.
FALSE
Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.
FALSE
Relevant electronically stored information (ESI) must be produced by the parties in litigation, but not in arbitration, proceedings.
FALSE
The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.
FALSE
The complaint and summons are served on the plaintiff.
FALSE
The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established.
FALSE
The motion for summary judgment 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.
FALSE
The statute of limitations for all lawsuits in the United States is two years.
FALSE
Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.
FALSE
When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.
FALSE
While answering a complaint, a defendant cannot assert affirmative defenses.
FALSE
A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.
TRUE
A defendant can answer a complaint and file a cross-complaint at the same time.
TRUE
A pretrial hearing is also known as a settlement conference.
TRUE
A pretrial motion is made to try to resolve or dispose of all or part of a lawsuit prior to trial.
TRUE
A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.
TRUE
After the defendant's attorney completes his or her questions, the plaintiff's attorney can question the witness in a re-direct examination.
TRUE
An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.
TRUE
During electronic mediation, the parties to a dispute are assigned individual "chat rooms" used for online conversations with a mediator.
TRUE
If the defendant does not answer the complaint, a default judgment is entered against him or her.
TRUE
In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.
TRUE
In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.
TRUE
In some jurisdictions, electronic filing of pleadings is mandatory.
TRUE
Litigation is the process of bringing, maintaining, and defending a lawsuit.
TRUE
Motions for summary judgment are supported by evidence outside of the pleadings.
TRUE
On rare occasions, an appellate court will overturn a jury verdict is there was not sufficient evidence at trial to support the jury's findings.
TRUE
Once a default judgment is established, the plaintiff only has to prove damages.
TRUE
Only the defendant can appeal in a criminal case.
TRUE
The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.
TRUE
To initiate a lawsuit, the plaintiff must file a cross-complaint in the proper court.
TRUE
When an attorney and a client have entered into a contingency-fee arrangement, it is possible that the attorney will receive no compensation at all.
TRUE
