Week 4 - Melvin Ch. 5

The specific format, deadlines, and requirements of each pleading are set forth in court rules known as the _______..

Rules of Civil Procedure

Dispute resolution is a crucial part of business planning and strategy that requires a thoughtful _______ analysis.

cost-benefit

Who, among the following, is not present during a pretrial conference?

the court reporter

A trial without a jury, where a judge is a trier of fact and law, is called

A bench trial

Which document initiates a lawsuit?

A complaint

Interrogatories

A list of questions one party send to another as part of the discovery process.

Adam backs his car into Micah's car, causing substantial damage. Enraged, Micah jumps out of his car and physically attacks him. Micah sues Adam for the damage he caused to his car. Adam files an answer to Micah's complaint with a __________ in which Adam also sues Micah for the damages he caused him that arose out of the same incident.

Counterclaim

_______ is the legal process for the orderly exchange of evidence, and both parties have the right to examine all evidence, including evidence that is both inculpatory and _______. (Choose best two answers)

Discovery exculpatory

In the _______ case, the U.S. Supreme Court held that the FAA applies to arbitration clauses contained in employment contracts even when an employee brings suit against an employer for violating federal anti-discrimination laws.

Gilmer v. Interstate

A cross-claim brings into a lawsuit a(n)

Indispensable party

_______ ADR often involves the parties negotiating ________ or through intermediaries to arrive at a mutually agreeable solution without the use of a formal process.

Informal face-to-face

_______ is an important source of information and advice, but business managers and owners must make critical decisions regarding how to resolve disputes that are best for the company.

Legal counsel

_______ is a hybrid ADR in which both parties first submit to mediation for a set period of time (perhaps two business days). If the mediation fails, the process then moves to binding arbitration.

Med-Arb

_______ is relatively informal and does not require as much time or preparation as arbitration.

Mediation

During a murder trial, it is discovered that the father of the defendant is funneling money to several of the jurors. Upon discovery of this what motion should be filed?

Motion to dismiss for mistrial

Deposition

Oral questions asked of a witness in the case. Part of pretrial Discovery we witness testified under oath before a court reporter.

In the _______ case, the U.S. Supreme Court rejected a challenge by a union member to the legality of an arbitration clause in a union contract.

Penn Plaza v. Pyett

A __________ is served to the defendant along with the complaint as formal notification that he is being sued with instructions to answer the complaint.

Summons

When serving a defendant a complaint and summons,

The court rules and procedures determine how the complaint must be served

The burden of proof required in a civil trial is preponderance of the evidence which means

The jury determines is it more likely than not that the defendant is liable

Which of the following is not required in order to show standing to assert a claim?

The party must be a citizen or taxpayer eligible to use the U.S. court system.

If a person is called to serve for jury duty, before that person will be selected to actually sit on a jury during a trial, that potential juror must go through a process of juror questioning called

Voir dire

In the "deflategate" case involving Tom Brady, National Football League Management Council v. Brady, the court ruled that the union negotiated arbitration award

Was enforceable because the arbitration proceeding and award met the minimum legal standards.

During the pleadings stage, a third party may be brought into the trial by a defendant by filing

a cross-claim.

A complaint will contain each of the following except

a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.

When the American Arbitration Association receives an application for appointment of an arbitrator, it

appoints a tribunal administrator, who informs the parties of the procedures and rules of arbitration.

One of the most common forms of ADR is _______ in which an individual (or a panel) conducts a hearing between the parties in the dispute.

arbitration

A plaintiff's standing to sue has three requirements: the party must have (1)_______, (2)_______, and (3)_______.

articulable legal redress suffered an injury in fact suffered a direct concrete harm

A(n) _______ trial is when the judge acts as both the finder of fact and the finder of law at the same time.

bench

Formal litigation begins when the plaintiff initiates a lawsuit by filing a(n) _______ with the local clerk of court.

complaint

If the defendant does not answer within the given time frame, she is said to default and generally will automatically lose the case via a(n) _______ without the benefit of trial.

default judgment

Once the _______ is served with the _______ she must provide a formal_______ within a prescribed time frame, normally within 20 days. (Choose one correct answer)

defendant, complaint, answer

Once the initial pleadings are filed, most lawsuits move into the ________ stage, in which the parties attempt to collect evidence for trial.

discovery

The arbitration hearing is similar to a court setting but is less formal, since there is no _______ and the rules of _______ do not apply. (Choose two correct answers)

discovery evidence

A(n) _________ (or neutral fact-finding) can assist parties in a business dispute in which the issues are complex and the third party can then recommend a settlement as an attractive alternative.

expert evaluation

The most common formal ADR methods are: _______, _______, and _______. (Choose three correct answers)

expert evaluation arbitration mediation

A(n) _______ reviews documents and evidence provided by each party that give a full description of the events and circumstances leading to the claim and the resulting loss, puts a value on the claim and then facilitates a settlement.

expert evaluator

The primary functions of a mediator are: to _______, to _________, and to _______. (Choose all the correct answers)

facilitate discussion ensure communication between the parties listen to parties grievances

Voir dire

is the process of choosing a jury.

As the finder of law, the _______ determines what evidence will be admitted, what witnesses may testify, what the jury will hear and not hear, and even what legal arguments the attorneys may present.

judge

Even though the plaintiff may prevail at trial, collecting the _______ may be difficult if the defendant's assets are tied up in nonliquid forms, such as _______, or are exempt from claims of creditors through a _______. (Choose three correct answers)

judgment real estate bankruptcy filing

After a verdict, the plaintiff becomes a ________ and has the right to pursue the defendant's assets to satisfy the debt owed, including _______ of wages. (Choose two correct answers)

judgment creditor garnishment

The losing party may appeal to an appellate court which engages in _______ to decide whether any errors were committed during the trial, and either _______ or _______ the decision of the trial court. (Choose three correct answers)

judicial review reverse affirm

The _______, as the finder of fact, determines whose version of the facts is more believable by examining the evidence and listening to the testimony of witnesses.

jury

The term _______ is sometimes used as a synonym for trial, but in reality its scope is much broader and includes pretrial as well as posttrial events.

litigation

Most state and federal courts require _______ or nonbinding _______ prior to allowing certain civil lawsuits to go to trial. (Choose two correct answers)

mediation arbitration

The main methods of ADR include _______ and _______. (Choose two correct answers)

mediation arbitration

A(n) _______ is an alternative ADR featuring a neutral party (usually an expert) in which condensed versions of the case are presented to the top management from both sides.

mini-trial

Which of the following is categorized as informal ADR?

negotiation

Litigation generally refers to dispute resolution processes for _______ (or _______) cases in public courts of law.

noncriminal civil

A request for admission is sent from

one litigant to the adversary to determine which facts both parties accept as true.

After a jury is selected, the attorneys present their theories of the case and what they hope to prove to the jury in _______.

opening statements

Depositions are

oral questions, answered orally, asked of parties and witnesses.

When a _______ wishes to file a lawsuit, the first step involves the filing and answering documents that set out the basics of the dispute and alleged damages suffered.

plaintiff

A(n) "_______" is a document containing factual allegations that each party is required to file in a lawsuit.

pleading

A(n) ______ may be filed when the losing party tries to convince the judge that the verdict was flawed.

posttrial motion

The main advantages of ADR include: _______, _______, and _______. (Choose all correct answers)

potential time savings potential cost savings potential preserving the business relationships

Generally, a(n) ________ is held a few weeks before trial between the attorneys for the parties and the judge in the case, with no court reporter present.

pretrial conference

One objective of a pretrial conference is to encourage _______.

settlement

Informal ADR can take the form of (1) a _______ agreement, or (2) an agreement to _______. (Choose two correct answers)

settlement cancel a contract

In order for one party to maintain a lawsuit against another party, she must have _____ to sue.

standing

Plaintiff generally files a(n) _______ along with a copy of the plaintiff's complaint which gives formal _______ to the defendant that she has been named in a lawsuit and that an answer must be filed within a certain period of time. (Choose two best answers)

summons notification

The filing of the complaint begins which stage of litigation?

the pleadings

The trial begins with ______, the process of asking potential jurors questions to reveal any prejudices that may affect their judgment of the facts.

voir dire