BLAW 3430- CHAPTER 3

What are the purposes of the discovery process?

1. Preventing surprises during trial 2. Allowing parties to thoroughly prepare for trial 3. Preserving evidence 4. Saving court time 5. Promoting settlement of cases

Major forms of discovery

1. disclosures 2. deposition 3. interrogatories 4. physical or mental examination 5. production of documents 6. electronically stored information (ESI)

A notice of appeal must be filed by a party within a prescribed period of time, usually within __________.

60 or 90 days -> In a civil case, either party can appeal -> In a criminal case, only the defendant can appeal

Which of the following statements about discovery is true? A. Only a party to a lawsuit is required to answer interrogatories B. The defendant could file an intervention C. Only a party to a lawsuit may be deposed D. Depositions are written questions that a witness must answer in writing E. A deponent may not correct mistakes in the transcript

A. Only a party to a lawsuit is required to answer interrogatories

​_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute.

Arbitration

What are forms of Alternative dispute resolution (ADR)?

Arbitration Negotiation Mediation Mini-trial Fact-finding Judicial referee

What does a motion for judgement on the pleadings allege?

Assuming all facts presented in the pleadings are true, the party making the motion would win the lawsuit when the proper law is applied. -> EX: If a lawsuit is brought after the statute of limitations has expired.

The Class Action Fairness Act (CAFA) reduces abuses in class action lawsuits in all of the following ways except: a. It permits courts to rule on the reasonableness of non-cash settlements b. It gives plaintiffs the ability to choose a state or federal court to hear the case c. It permits courts to rule on the reasonableness of coupon settlements d. It permits courts to determine the reasonableness of attorney's fees e. It prevents forum shopping.

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

Which of the following is NOT a major phase of pretrial litigation? a. Pleadings b. Settlement conference c. Jury instructions d. Discovery e. Pretrial motions

C. Jury instructions -> Pretrial litigation can be divided into 4 major phases: 1. Pleadings 2. Discovery 3. Pretrial motions 4. Settlement conferences

Which of the following is NOT true about electronically stored information or ESI? a. Anyone who is a party to litigation, or reasonably anticipates being a party, has a duty to preserve relevant ESI b. In some instances, experts in computer forensics are necessary to recover misplaced, altered, or hidden electronic documents c. Parties are not required to produce ESI d. Parties may object to the production of ESI e. An objection to the production of ESI must be stated with specificity

C. Parties are not required to produce ESI -> Relevant electronically stored information (ESI) must be produced by the parties in litigation and arbitration proceedings

Jury instructions are also known as ________.

Charges

Which type of action requires certification that there is sufficient commonality among the plaintiff's claims by a court before it may proceed.

Class action

A summons is a court order directing the defendant to appear in court and answer a _______, and is part of the pretrial litigation process.

Complaint -> Once a complaint has been filed with the court, the court issues a summons.

Under which type of arrangement do lawyers receive a percentage of the amount recovered by winning or settling a case?

Contingency fee

A defendant may choose to countersue the plaintiff by filing a document against the plaintiff to seek some damages or some other remedy. What is this filing called?

Cross-complaint

______ occurs​ when, after the witness is sworn​ in, the attorney who called the witness asks questions of the witness.

Direct examination

Virtual courthouses may also be referred to as __________.

Electronic courts (e-courts)

​_____ is a form of negotiation in which a neutral third party assists​ (without making a decision or an​ award) the disputing parties in reaching a settlement of their dispute.

Mediation

The simplest form of alternative dispute resolution is​ _____.

Negotiation -> No need for third parties

A settlement conference may also be referred to as the ________.

Pretrial hearing

Litigation

Process of bringing, maintaining, and defending a lawsuit

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called?

Rejoinder

In a civil​ case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been​ biased, emotional, or inflamed. This is called​ _____.

Remittitur

If a breach of contract was alleged to have occurred in 1990 and there is a​ 10-year statute of limitations on breach of contract​ actions, what could the defendant do to avoid liability if the case was not brought until​ 2020?

The defendant can file an affirmative defense (statute of limitations)

Which of the following is NOT true about the​ defendant's case?

The defendant's attorney can ask any questions of a witness even if the topic was not brought up during direct examination

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 or respondent

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 lack of venue d. The probability of winning or losing e. Lawyers' fees and other costs of litigation

c. The lack of venue. This is not a factor in deciding whether to bring or settle a lawsuit as there will ALWAYS be a venue.

To maintain a class action, a class must be ______ by the appropriate federal or state court.

certified

Lawyers typically operate on a contingency-fee basis for each of the following cases EXCEPT: a. product liability lawsuits b. automobile accident lawsuits c. medical malpractice claims d. simple bankruptcy proceedings e. personal injury lawsuits

d. simple bankruptcy proceedings

If the defendant does not answer the complaint, a _______ is entered against him or her

default judgement

Which of the following is NOT a major pleading in a lawsuit? a. complaint b. cross-complaint c. answer d. reply e. interrogatory

e. interrogatory

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____.

judgement not withstanding the verdict

When the complaint and summons are served on the defendant, this is called service of __________

process

After the​ defendant's attorney has finished calling​ witnesses, the​ plaintiff's attorney can call witnesses and put forth evidence to rebut the​ defendant's case. This is called a​ _____.

rebuttal

What is a class action lawsuit?

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

Which of the following is an INCORRECT statement regarding mediation?

A mediator's decision is binding and non-appealable (FALSE)

What is a retainer?

A specified dollar amount deposited by the client in a trust account before the lawyer will proceed.

If Ahmad and Amir enter into a lawsuit over the ownership of a certain parcel of real estate that has a mortgage on it, and the bank that made the loan has an interest in the outcome, what may the bank do?

Intervene in the lawsuit -> A bank that has made a secured loan on a piece of real estate can intervene in a lawsuit between parties who are litigating ownership of the property.

A motion for summary judgement is supported by evidence __________.

Outside the pleadings

Which of the following is NOT true regarding jury​ selection?

Peremptory challenges can be used to remove jurors based on race, ethnicity, or gender

The original plaintiff must file a ______ to the original defendant's cross-complaint

Reply

Pursuant to the ________ Amendment to the US Constitution, a party to a _______ action at law is guaranteed the right to a jury trial in a case in federal court

Seventh; Civil

Consolidation

The act of a court to combine two or more separate lawsuits into one lawsuit

Which of the following statements regarding arbitration is NOT true?

The arbitrators receive a percentage of the arbitration award.

Purpose of pre-trial motions?

To try and resolve or dispose of a lawsuit before it reaches trial. -> 2 types of pretrial motions = 1) Motion for judgement on the pleadings 2) Motion for summary judgement

__________ is the process by where the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Voir dire (jury selection)

Interrogatories

Written questions submitted by one party to a lawsuit to another party.

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

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

The person giving a deposition is called the _______

deponent