BA 200 Ch. 4

D. a counterclaim

A complaint filed in a lawsuit could not contain which of the following? a. a claim for money damages b. a claim for equitable remedies c. a claim for an injunction d. a counterclaim

A. made by a defendant

A counterclaim is: a. made by a defendant. b. part of the complaint. c. part of the interrogatories. d. none of the above

B. the defendant fails to file an answer in a timely fashion

A default results when: a. the plaintiff fails to serve a summons. b. the defendant fails to file an answer in a timely fashion. c. a counterclaim is filed. d. none of the above

A. is a motion for judgement notwithstanding the verdict

A motion for judgment NOV: a. is a motion for judgment notwithstanding the verdict. b. can only be made by the plaintiff. c. is made only before the verdict is returned. d. none of the above

A. if the complaint does not state a cause of action

A motion for judgment on the pleadings can be granted: a. if the complaint does not state a cause of action. b. if there are no factual issues. c. any time during the course of the trial. d. all of the above

A. granted only if there are no factual issues

A motion for summary judgment is: a. granted only if there are no factual issues. b. appropriate if there are no issues of law. c. decided by a jury. d. none of the above

A. any time throughout the case

A motion to dismiss can be granted: a. any time throughout the case. b. only after the plaintiff's case has been presented. c. only after the defendant's case has been presented. d. only if summary judgment is also appropriate.

D. held before discovery begins

A pretrial conference is: a. a meeting between the parties. b. a hearing for a motion for summary judgment. c. held before discovery begins. d. none of the above

A. is one that has met the elements of proof

A prima face case: a. is one that has met the elements of proof. b. is one that is dismissed following a motion for a directed verdict. c. is a term that applies in criminal law only. d. both a and c

B. can be served by an officer of the court or by private licensed firms

A summons: a. is served on the plaintiff. b. can be served by an officer of the court or by private licensed firms. c. need not be served if the complaint has been filed. d. none of the above

C. the case can be retired

If there is a hung jury: a. the case must be dismissed. b. the judge finds in favor of the defendant. c. the case can be retried. d. the judge can grant summary judgment.

B. must be answered under oath

Interrogatories: a. are served on nonparties only. b. must be answered under oath. c. must be used before a deposition can be scheduled. d. none of the above

D. both a and b

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e-mail was sent when the SEC was investigating Mr. Quattrone's employer, Credit Suisse First Boston. The destruction of the e-mails: a. could constitute spoilation. b. could constitute obstruction of justice. c. is fine if it is routine. d. both a and b

C. by a deposition of Ms. Jones

Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols' lawyer suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is required to do by law. After Echols' lawyer files suit, how can she find out whether Ms. Jones was wearing her contact lenses? a. by subpoenaing Ms. Jones b.by a request to produce c. by a deposition of Ms. Jones d. The information is privileged and nondiscoverable.

B. will obtain the calendar and logs through mandatory discovery or a request for production

Sam Wasterson is the CEO of Galant, Inc. Galant is being sued by Webtech, a competitor, for antitrust violations. Webtech's CEO says that he met with Wasterson three times in 1993. He explains, "Check his calendar. Check his secretary's logs!" The meetings are a critical part of the Webtech case. Webtech's lawyers: a. will not be able to obtain the calendar or logs because of the privilege. b. will obtain the calendar and logs through mandatory discovery or a request for production. c. will have to show the relevance of the logs and calendars before they can get them. d. cannot obtain the calendar and logs because of privacy limitations.

A. are payments or a type of fine or penalty for not disclosing evidence

Sanctions for discovery abuse: a. are payments or a type of fine or penalty for not disclosing evidence. b. are unconstitutional. c. cannot include cash payments. d. none of the above

B. destruction of evidence needed for litigation

Spoilation is: a. litigation over contaminated food. b. destruction of evidence needed for litigation. c. following stare decisis and dismissing a case. d. none of the above

C. Amercian Arbitration Association

The ______ is the largest ADR provider in the country for commercial disputes. a. National Arbitration Forum b. American Arbitration Forum c. American Arbitration Association d. American Arbitration Forum

C. request for production

The best means for obtaining access to a defendant company's e-mail in litigation over an atmosphere of harassment is: a. deposition. b. summons. c. request for production. d. none of the above

D. both b and c

Amanda Reiss was injured at a wedding reception at a private home. Amanda tripped over a piece of rebar that was sticking from the end of one portion of a sidewalk leading to the front door. Amanda's lawyer believes that the homeowners were aware of the rebar problem and that other guests to the home had tripped over it but not been injured. How can Amanda's lawyer get the information about the homeowner's knowledge? a. he cannot because they are not required to talk with Amanda's lawyers b. he can depose the homeowners c. he can depose others who have been guests d. both b and c

D. complaint, summons, answer, counterclaim, discovery

Choose the answer that reflects the proper sequence of events in civil procedure: a. complaint, subpoena, deposition, answer, interrogatories, summons b. complaint, deposition, answer, counterclaim, affirmative defense c. complaint, directed verdict, summary judgment, summons, answer d. complaint, summons, answer, counterclaim, discovery e. discovery, complaint, summons, answer, counterclaim

D. none of the above

Closing arguments are: a. presented by the judge. b. part of the jury instructions. c. presented by the plaintiff's attorney only. d. none of the above

D. none of the above

Hearsay: a. is never admissible in court. b. is unreliable evidence. c. can be used on cross-examination. d. none of the above

D. all of the above are private and would serve the company's needs

If privacy is an important requirement for resolution of a company's disputes, which of the following methods would you recommend? a. mediation b. rent-a-judge c. arbitration d. All of the above are private and would serve the company's needs.

A. could have Jack struck from the panel for cause

Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRG's clients is Renar Corporation. Renar is the defendant in the case for which Jack has been called for the jury panel. The attorney for the plaintiff who is suing Renar: a. could have Jack struck from the panel for cause. b. cannot have Jack struck just because his company has the defendant as a client. c. has no recourse because the jury is a wild card in litigation. d. none of the above

B. Jane is incorrect; she can be required to go to arbitration

Jane has been dunned by her creditors for payment of her credit card bills. "But I have disputes over some of those charges, and I want to go to court under the Fair Credit Billing Act." One of her creditors points out to Jane that there was an arbitration clause in the terms and conditions given to her when she was given her credit card. "Credit card rights are given by federal law. I don't have to go to arbitration!" a. Jane is correct; federal credit laws prohibit arbitration. b. Jane is incorrect; she can be required to go to arbitration. c. Arbitration applies only to Truth-in-Lending Act issues. d. none of the above

B. explain the application of law to juries

Jury instructions: a. are not given in all cases. b. explain the application of law to juries. c. are developed unilaterally by the judge. d. explain how a foreman is elected.

B. used frequently in international disputes

Mediation is: a. the same as arbitration. b. used frequently in international disputes. c. regulated by the American Arbitration Association. d. none of the above

C. My E-medicine can challenge the jurisdiction of the U.S. Marshals here in federal district court

My E-Medicine, Inc. is a company that offers prescriptions over the Internet. The company has a worldwide customer base. A company based in France has alleged that My E-Medicine is selling a generic drug that violates the French company's patent. The company has filed suit against My E-Medicine in France and has sought to use the U.S. Marshal in the United States to serve process for the suit. Which of the following best describes the rights of My E-Medicine? a. My E-Medicine can be required to go to France to defend the lawsuit because it sells its products there. b. My E-Medicine has violated the Computer Fraud and Abuse Act. c. My E-Medicine can challenge the jurisdiction of the U.S. Marshals here in federal district court. d. My E-Medicine is not responsible for the patent infringement of another company. e. none of the above

B. the case can survive a directed verdict motion by the defendant

Once a plaintiff has established a prima facie case: a. the case is won. b. the case can survive a directed verdict motion by the defendant. c. the defendant cannot present contradictory evidence. d. a judgment NOV is granted. e. none of the above

B. are generally limited in each case

Peremptory challenges: a. are challenges for cause. b. are generally limited in each case. c. require specific reasons for use. d. require proof of bias or prejudice of the juror. e. none of the above

A. the party who did not call the witness

The party conducting cross-examination is: a. the party who did not call the witness. b. the party who called the witness. c. involved in voir dire. d. always the judge.

D. all of the above are reasons mandatory discovery was adopted

The purpose of the new mandatory discovery provisions is to: a. remove the element of surprise from litigation. b. make litigation more of a quest for the truth. c. minimize discovery times and costs. d. All of the above are reasons mandatory discovery was adopted.

D. both a and b

The standard for admitting expert testimony in a trial is: a. the judge must find the expert is reliable. b. the judge must fine that the expert's testimony is relevant. c. all expert testimony is admitted. d. both a and b

C. 20 to 30 days in most states

The time limit for a defendant to file an answer is: a. the statute of limitations. b. two years for personal injury suits. c. 20 to 30 days in most states. d. four years for contract suits.

B. Dickie Scruggs

This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge. a. Russell Crowe b. Dickie Scruggs c. Zachary Scruggs d. Jeffrey Wigand

A. the process for screening prospective jurors

Voir dire is: a. the process for screening prospective jurors. b. the same as venue. c. used if peremptory challenges are planned. d. the same as a judgment NOV. e. none of the above

B. the cost of proving the facts not admitted may be assessed against the party who failed to admit those facts

What are the sanctions for the failure to admit facts made through a request for admissions? a. judgment is awarded against the party who failed to admit the facts later proven b. the cost of proving the facts not admitted may be assessed against the party who failed to admit those facts c. the case is dismissed d. none of the above

B. any studies developed for use at trial

What type of scientific/expert testimony requires a higher standard of review before it can be used in court? a. any academic studies b. any studies developed for use at trial c. any studies in an area in which experts differ d. none of the above

C. after the plaintiff has presented its case

When is a motion for a directed verdict properly made? a. after the defendant has filed its answer b. after summary judgment has been granted c. after the plaintiff has presented its case d. only at the appellate court level

B. when the weight of the evidence is contrary to the jury's verdict

When is a motion for a judgment NOV granted? a. after the plaintiff has presented its case b. when the weight of the evidence is contrary to the jury's verdict c. when the pleadings of the plaintiff are insufficient to state a cause of action d. none of the above

B. served on the defendant

Which of the following accurately describes a summons? a. initial document filed in a suit b. served on the defendant c. need not be served so long as it is filed d. none of the above

B. attorney's notes for the defendant company

Which of the following cannot be obtained during discovery in a case? a. e-mail from the defendant company's server b. attorney's notes for the defendant company c. medical records of an injured plaintiff d. defendant company internal memos e. All of the above can be obtained during discovery.

D. all of the above

Which of the following is a suggested policy on executive smartphone use? a. A mandatory password requirement for smartphones. b. A stated policy on deleting messages on smartphones. c. Smartphone configuration and archiving policies. d. All of the above.

D. none of the above

Which of the following is a true statement about depositions? a. They are generally held in a courtroom. b. They are not taken under oath. c. They must be preceded by interrogatories. d. none of the above

C. pretrial conference

Which of the following is not a form of discovery? a. interrogatories b. requests for admissions c. pretrial conference d. depositions e. All of the above are forms of discovery.

B. money damages

Which of the following is not a form of equitable relief? a. injunction b. money damages c. specific performance d. rescission of a contract e. All of the above are forms of equitable relief.

A. always nonbinding

Which of the following is not an advantage of arbitration? a. always nonbinding b. less complicated procedures c. nonpublic d. All of the above are advantages of arbitration.

D. a counterclaim

Which of the following is not included in a complaint? a. statement of subject matter jurisdiction b. request for damages c. statement of venue d. a counterclaim e. none of the above

A. complaint

Which of the following is the first document filed in a lawsuit? a. complaint b. answer c. pleadings d. none of the above

A. admission

Which of the following may not be included in the answer to a complaint? a. admission b. counterclaim c. denial d. all can be included

A. arbitration

Which of the following methods of alternative dispute resolution involves a hearing? a. arbitration b. mediation c. negotiated settlement d. settlement conference e. All of the above involve hearings.

D. all of the above

Which of the following methods of arbitration allows the parties input on the decision-maker(s)? a. peer review b. arbitration c. mediation d. all of the above

D. work product

Which of the following would not be discoverable in a contract suit requesting lost profits as damages? a. income tax returns of the business b. orders of merchandise c. expense records d.work product

B. the plaintiff

Who conducts cross-examination when the defendant is presenting its case? a. the defendant because the defendant always does cross-examination b. the plaintiff c. the judge because the burden of proof has shifted d. none of the above

C. Mediation; arbitration

______ is replacing ______ as the preferred method of business dispute resolution. a. Litigation; arbitration b. Arbitration; mediation c. Mediation; arbitration d. Litigation; mediation