CH 4 - quiz

Bennie was appointed by the state to act as a go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.

Mediator

Chan wants to file a lawsuit. What will be the first stage of litigation for him?

Pleadings

Julio is suing Sanchez for breach of contract. He wants to get some documents from Sanchez which he believes will help him prepare his case. What is the term for this procedure?

request for production

Which of the following statements about alternative dispute resolution (ADR) is true?

A common formal ADR method is mediation.

Delroy joined with hundreds of other people in a legal action where together they sued Implantco for producing a hernia mesh device that was implanted in them during surgery and later caused complications such as swelling and infections. What is the name for this legal action?

Class action

Turner brought a lawsuit against her employer Discrimco. Turner had signed an employment contract with Discrimco which contained a clause stating that all disputes between the parties were to be heard by an arbitrator in a binding hearing. Turner's lawsuit is based on sexual and racial discrimination and she is pursuing it under the federal Civil Rights Act. Discrimco has made a motion to dismiss the case on grounds that the matter is subject to binding arbitration. Which of the following is correct?

Discrimco is correct, Turner's lawsuit should be dismissed and she must undergo binding arbitration.

A Judge must be present during depositions to resolve disputes and ensure fairness. T/F

False

Arbitration can at times be legally mandated, but mediation is entered into only on a voluntary basis. T/F

False

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings. T/F

False

The term litigation refers to the trial but does not include pretrial events as well. T/F

False

Rodriguez, an attorney, is planning to file a class action lawsuit on behalf of 500 people against two corporations: Cheatco, a company that sold an allegedly defective bicycle to the 500 customers, and Failco, a company that allegedly provided defective metal to make the frames of the bicycles. All 500 people suffered similar head injuries as a result of the alleged defects. Rodriguez is alleging the injuries were caused by both Cheatco and Failco. Which of the following is true of this planned class action?

It is a valid mass tort action

Asmita, a judge, is hearing a matter in which a full day trial is conducted before a jury. The lawyers present no live expert testimony and primarily conduct the proceeding through oral argument. At the end, Asmita will issue a nonbinding opinion. What is the term or name for this proceeding?

Summary jury trial

Legally mandated arbitration is nonbinding arbitration. T/F

True

Which of the following is a private arbitration?

The state of Colorado

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states. T/F

True

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause. T/F

True

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed. T/F

True

For the courts to allow a lawsuit to proceed, both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed. T/F

True

Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege. T/F

True

In National Football League Management Council v. Brady, the appellate court overturned the arbitrator's ruling because football player Tom Brady had not been provided adequate notice that suspension was within the League's range of punishments. T/F

True

The American Arbitration Association provides mediation services as well as arbitration services. T/F

True

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place. T/F

True

When the judge issues the jury instructions, the judge is said to be charging the jury. T/F

True

In a case where Davey sues Rockridge Corporation for selling him defective software that crashed his network, the standard used to decide the case will be _______, in a case where Davey is prosecuted for being a minor in possession of alcohol, the standard used to decide the case will be _______.

preponderance of the evidence, beyond a reasonable doubt

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences. T/F

True