BLAW Ch. 3

The discovery state in the trial process prevents a:

"trial by ambush"

An appellate court can do which of the following:

affirm the judgment of the trial court reverse the judgment of the trial court modify the judgment of the trial court ((all correct))**

When an appellate courts opinion agrees with (upholds) the decision of the trial court, the court is said to have ______ the decision

affirmed

If a negotiation is conducted properly

almost nothing said in negotiation will be usable in a later court case

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversary system of justice

As a practical matter, when a party is unhappy with the decisionn from arbitration, it is most common to

obey the ruling

An irreparable jury is

one for which the payment of money would be insufficient to compensate the harmed party

The decision of an appellate court is the

one that receives the majority vote of the judges

When a court issues an 'ex parte' temporary restraining order:

only the party requesting the order is present

At the beginning of the trial both lawyers make_______, which tell the jury what the critical facts are and how they will prove those facts to support their position

opening statements

Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may:

order the parties to appear at a pretrial settlement hearing

Specific performance refers to a remedy when the court:

orders the defendant to do what he had promised the plaintiff he would do

An adversary system of justice is one is which

parties must represent themselves and argue their positions before a neutral court

At pretrial conferences, judges often encourage:

parties to attempt to reach an out-of-court settlement

The discovery state in the trial process is intended for the

parties to obtain information about the facts before the trial starts

The defendants reply to the complaint, in which the defendant admits or denies the allegations, is known as

an answer

The decision of an arbitrator is the arbitration process is called

an award

The right to a jury trial

does not have to be exercised

Surveys indicate that lawyers

prefer mediation to arbitration

written briefs and oral arguments are both methods through which parties

present their arguments to the appellate court

Parties present their arguments to appellate courts by:

presenting written briefs and oral arguments

If a defendant does not respond to a plaintiff's complaint the court will:

presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint

The purpose of the discovery stage before trial is to:

prevent surprises at trial preserve evidence of witnesses who might not be available for trial encourage pretrial settlements narrow the range of claims being made

An appellate court's majority opinion:

provides guidance to judges and attorneys for the resolution of similar disputes

_________ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future

punitive

Damages that may be awarded to a plaintiff because the defendants conduct was willful or malicious are called:

punitive damages

Remedies available in the US legal system include

punitive damages compensatory damages nominal damages injunctions (all correct)**

Specific performance is often a remedy in cases involving:

rare properties

British court proceedings differ from American court proceedings in part because

there is much greater degree of specialization among attorneys in the British system

Which is true about an arbitration decision

there may be punitive damages

If the mental or physical condition of a party to a suit is an issue raised by the other party the:

party requesting the order must show a greater need for this information than for other kinds of discovery

The rules governing trial procedures in Germany:

permit judges to question witnesses in court

Remedies involving specific performance are unlikely in cases involving

personal performances

Following the opening statements at a trial, the:

plaintiff goes first since she has the burden of proving that her arguments are correct

In German trials, judges

play a much more active role than US judges

The formal statements made to the court by the parties to a case that list thier claims and defenses are called

pleadings

Which is the correct order of stages for a typical lawsuit

pleadings, discovery, pretrial, trial, appeals

If an appellate court judge disagrees with the majority opinion, she may write a

dissenting opinion

Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in

sanctions by the court

Discovery can impose significant costs on businesses, making them more likely to:

settle out of court

A major purpose of pretrial conferences is to

simplify issues and plan the course of the trial

In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that:

since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples should be compensated adequately for the damages caused by the defendants' breach of contract

In situations when monetary damages are not practical or effective, the court may order a

specific performance

The first stage of negotiation should involve

studying the issues

In contrast to the American system, judges in British court proceedings

summarize the evidence for the jury before instructing them on the relevant laws

If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for:

summary judgement

A case is ready to go to trial after completion of

the litigation process

An advantage of using an arbitrator is

the matter is resolved more quickly than in most court trials

Written interrogatories are questions submitted by:

the opposing party

The complaint filed by plaintiff contains:

-a statement alleging the facts necessary for the court to take jurisdiction -a short statement of the facts necessary to show the plaintiff may be entitles to a remedy -a statement of the remedy the plaintiff is seeking -the names of the parties ((all the other choices are included))*

The complaint is a statement that sets forth the plaintiff's claim against the defendant. It contains statements:

-alleging the essential facts necessary for the court to take jurisdiction -of the facts necessary to claim that the plaintiff is entitled to remedy -of the remedy, the plaintiff is seeking ((all correct))*

Which of the following is an example of an affirmative defense:

-self defense -assumption of risk -contributory negligence ((all correct))*

Many international contracts involving the sale of cotton require that disputes be taken to the

Internation Cotton Association

Domain name disputes are often settled by arbitration or mediation via the

World Intellectual Property organization

Following service of the plaintiff's complaint, defendant would not file which of the following:

a deposition

Along with a summons, the plaintiff serves the defendant with...

a copy of the complaint

A counterclaim is

a defendant's claim against the plaintiff

Collecting information, outlining key issues and encouraging compromise are all parts of

a mediators job

An allegation by the defendant that the law furnishes no remedy for plaintiffs claimed injury is known as

a motion to dismiss for failure to state a claim

When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually

a neutral expert in the field who may or may not be an attorney

If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:

a protective order

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

a reply

A defendant must file a responsive pleading to a complain filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint:

a request for admissions

A complaint filed by a plaintiff need not contain:

a statement of the evidence in the plaintiff's possession

The arbitration process begins with

a submission

'Res judicata' means

a thing decided

After a judgment is entered in a favor of the plaintiff, what may the plaintiff seek if the defendant refuses to pay?

a writ of execution

When a court orders someone not to do something, this is known as:

an injunction

Information such as medical bills are given to the opposing party in litigation as a result of

an order for the production of documents

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called

arbitration

The most widely recognized form of alternative dispute resolution process is

arbitration

Depositions

are taken before trial, during discovery

During the selection of a jury from the jury pool, attorneys:

are usually allowed to reject some jurors without any reason

A motion for a directed verdict is when parties

ask the judge to issue a favorable verdict that makes jury deliberation unnecessary

A motion for judgment as a matter of law is when parties:

ask the judge to issue a favorable verdict that makes jury deliberation unnecessary

The _________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time

discovery

To make sure that they remain together and that there is no misconduct, the jury is placed in the custody of the __________ while they deliberate

baliff

In British court proceedings

barristers remain behind one long table most objections are raised outside the presence of the jury most objections are resolved before the witness is called ((all correct))**

A defendant may make a counterclaim against the plaintiff:

based on the same events the plaintiff bases the complain on

Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the granting or denying of motions to dismiss the case are all

bases for appeal

In a civil trial the parties must prove their contentions

by a preponderance of the evidence

Unlike arbitrators, mediators

cannot impose a decision

Without the discovery state in the trial process, evidence presented in the trial could

catch opposing parties by surprise

Depositions can be useful in challenging a witness who

changes his story at trial

If the parties must prove their contentions to the jury by a proponderance of the evidence then the trial is a

civil trial

Before the case goes to the jury, the attorneys of both parties present

close (final) arguments

The process of obtaining information about the dispute is known as:

discovery

Statements alleging the essential facts necessary for the court to take jurisdiction are included in the

complaint

Statements of the remedy that the plaintiff is seeking are included in the

complaint

Negotiated settlements are usually

contracts enforced by the courts

According to the Supreme Court, courts must exclude evidence that is

contrary to scientific standards

If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made an

counterclaim

According to the Federal Arbitration Act

courts must uphold agreements to arbitrate

Criminal cases differ from civil cases in that

criminal trials have very little discovery

After the initial exchange of pleadings, litigation enters the :

discovery stage

When the judges instructs, or charges, the jury, she:

discusses which party has the burden of persuasion

If a jury cannot reach a verdict, the judge:

declares a mistrial

The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the

defendant that the law furnishes no remedy for plaintiff's claimed injury

An allegation by the defendant that the law furnishes no remedy for plaintiffs claimed injury is known as a

demurrer

Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a

deposition

The specific tools of discovery include

depositions written interrogatories orders for production of documents and requests for admissions orders for a mental or physical examination ((All correct))*

To begin the litigation process, the plaintiff must first:

determine in which to bring the action

A protective order

limits access to the material so as to ensure confidentiality

If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific standards the case may be:

ended by summary judgment

Courts are instructed to __________ by the Federal Arbitration Act

enforce arbitration

A principal function served by the appellate courts is to:

ensure that the trial judge correctly applied the law

If a party refuses to comply with a court order to produce documents or answer written interrogatories, the court may:

enter judgement in favor of the other party impose sanctions of the party refusing to answer impose fines on the party refusing to answer send the party refusing to answer to jail (all correct))**

An example of an injunction is a court order directing someone to stop doing something. This is a part of:

equitable remedies that courts may use

permanent injunction is a

final court order, issued after the conclusion of the trial or as part of a settlement agreement

After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. the judge denies the motion. The next step in the trial is that the attorney:

for Paul's instructs the jury

One key area in which mediation is often used is

for labor disputes

When a losing party to an arbitration appeals the arbitrators decision to the courts, to have a chance of success, the appeal best be based on

fraud

Compensatory damages are intended to:

give injured parties a sum of money to restore them to the economic position they were in before the injury

An appellate courts majority opinion

gives the legal rationale for the courts decision

If a judge writes a concurring opinion it means that

he agrees with the outcome, but for a different reason

If a jury cannot reach a decision, the jury is said to be:

hung

An arbitrator must be

impartial

In the federal courts the right to a jury trial is guaranteed:

in common law cases in which over $20 is in dispute

Which of the following is not a category of monetary damages?

injunction

In the ___________ the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the parties has the burden of persuasion

instruction or charges

Which contracts often include arbitration clauses

insurance contracts investment contracts with stockbrokers many commercial contracts labors contracts ((all corrects)))*

A preliminary injunction is also known as

interlocutory injunction

The decision of an arbitrator

is binding on the parties as if it were a court decision

According the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:

is not "unduly burdensome" to the other party

At most trials, after the parties present their closing arguments, the:

judge instructs the jury of the law; the jury applies the law of the fact it determines

After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a:

judgment notwithstanding the verdict

As a general rule, judges who are scheduled to have a case tried before them:

may strongly encourage the parties to settle and not have a trial

What is the general rule concerning what is said during a mediation and a later court proceeding?

mediators cannot be required to testify

Compensatory, punitive and nominal are all categories of:

monetary damage awards

If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:

motion for a directed verdict / motion for judgment as a matter of law

At the close of discovery, either party may:

move for a summary judgment

Following service of the plaintiff's complaint, defendant:

must file a responsive pleading may file a motion to dismiss may file an answer with an affirmative defense may only file a counterclaim (all correct))**

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendant by service of process

The purpose of the pleadings is to:

notify each of the parties of the claims and defenses of each other focus the issues help remove surprise from the resolution of the dispute establish some facts in the case

The least formal method of alternative dispute resolution is

negotiation

When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:

nominal damages

A submission is what a party files to

refer a dispute to arbitration

Rights are enforced and violations of rights are compensated by:

remedies

Which is not a stage in a typical lawsuit?

repose

Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:

requests for admissions

When a dispute cannot be considered again it is a thing decided by judgement or

res judicata

When an appellate court disagrees with the decision reached by the trial court, the appellate court:

reverses the decision

If a court wants to prevent the destruction of evidence until a formal hearing can be held, it

temporary restraining order

Written interrogatories are useful for obtaining information

that parties have to look up in files or records

The US Constitution guarantees a right to a jury trial in

the Sixth Amendment & the Seventh Amendment

The following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except:

the arbitrator does not state the legal basis of the decision

The first pleading is commonly called:

the complaint

Summary judgment is granted when:

the court can apply the law to the undisputed facts and resolve the dispute

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

the court can find the party in contempt of court, which can result in fines or imprisonment

a defendant is allowed to file a motion to dismiss a plaintiffs complaint for the purpose of claiming which of the following:

the court does not have jurisdiction over the subject matter the court does not have jurisdiction over the defendant there was not proper service of the complaint the plaintiff failed to state a claim for which the law provides a remedy ((all correct))***

If the mental or physical condition of a party to a suit is an issue raised by the other party:

the court may allow an examination given by specialists of the oppositions choosing

The decision by the majority of the members of an appellate court is referred to as

the courts majority opinion

The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are the factors that effect:

the decision to request a jury trial

In an affirmative defense:

the defendant admits to the facts claimed by the plaintiff, but offers additional facts

An interlocutory injunction is usually in force until

the defendant's attorney rescinds it

A preliminary injunction is usually in force until

the dispute is resolved

In Barabin v. AstenJohnson, where Barabin sued for damaged suffered from exposure to asbestos, the appeals court held that:

the expert for plaintiff Barabin failed to meet the standard of reliability, so there would be a new trial

If the loser of an arbitration decision is an international cotton contract dispute fails to follow the order of the arbitrator

the fact of failure to pay may be advertised to try to discourage dealing with that party

The length of witness examinations is controlled by:

the judge

According to the Supreme Court, a case may be ended by summary judgment if:

the judge rejects critical expert witness testimony as not credible

Res judicata with reference to arbitration means

the judgment is final

Before issuing a preliminary or interlocutory injunction a court considers the following factors

the parties relative likelihood of success of the merits the likelihood that the plaintiff will suffer an irreparable injury if the injunction is not granted the balance of the equities the public interest (all correct)**

Voir dire is:

the process used to select jury memebers

Arbitrations are guided by

the rules of the relevant arbitration association

After completion of the discovery process the case is ready:

to go to trial

Almost nothing said in a negotiation may be

used in a court case if the negotiation fails

The screening process used to select jury members is called:

vior dire

Mediation is

voluntary & a way for the plaintiff to reduce attorney costs

A party receiving written interrogatories prepares answers

with an attorneys help if desired

A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a

writ of execution

Request for admissions are

written requests for an admission of the truth in the matters relating to the dispute