Dispute Resolution Quiz (Module 2)

The following are methods of alternative dispute resolution (ADR)

All of the above: Negotiation, Arbitration, Mediation.

A deposition is oral testimony given by a party or witness during the trial.

False. depositions are given outside the court and usually during the discovery process page 68

The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

False. Arbitration is a method to resolve lawsuits without court intervention.

After a defendant's witness in a trial is shown in, he or she is cross-examined by the plaintiff's attorney.

False. Page 73- Direct examination comes first and then the cross examination follows

In deciding the motion for judgment on the pleadings, the judge can consider facts beyond what is set forth in the pleadings, if the judge is aware of them.

False. Pg 71- in a motion for judgment on the pleadings, the judge must only consider facts as set forth in the four corners of the pleadings, and nothing else.

Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

False. page 73 Voir Dire is when the attorneys ask prospective jurors questions to establish biases.

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

False. page 77 ARBITRATION is where a neutral third party is used to help settle a dispute

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts.

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 in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance while Rita gets the remainder. This is an example of:

Negotiation.

In a civil case, the party who files a complaint is called the _____.

Plaintiff

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. As a result, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

Remittitur

Once a complaint has been filed with the court, the court will issue a _______, directing the defendant to appear in court.

Summons

Which of the following statements best describes redirect examination?

The plaintiff's attorney questions its own witness who after the witness has been questioned by the defendant's attorney.

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.

If the defendant does not answer the complaint, a default judgment is entered against him or her.

True.

In case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

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 a "pleading."

True.

Which of the following describes a "class action?"

When a group of plaintiffs collectively bring a lawsuit against a defendant.