Law Test Module 2

If the defendant does not answer the complaint, the result will be:

default judgement

Discovery of both parties and witnesses is available by:

deposition

The process of choosing the members for the jury is known as:

dire voir

t/f: A motion for summary judgment is a pretrial motion designed to end the lawsuit before a trial by arguing there are no material questions of fact.

true

t/f: An appellate court's job is to make findings of law.

true

t/f: Interrogatories are written questions submitted by one party to a lawsuit to another party.

true

t/f: It is okay if a mediator conveys the parties positions, pointing out strengths and weaknesses of each side's case.

true

t/f: The summons is the document the defendant files when replying to the plaintiff's complaint if the defendant has a claim

true

t/f:Arbitration may be mandatory, as required by an arbitration clause in a contract.

true

The ADR process whereby a neutral third-party hears the merits of and decides a legal dispute is known as:

arbitration

Similar to a mediation process except that_____ generally does not offer his opinion of how the dispute should be resolved

conciliation

Often used when parties refuse to meet face to face

conciliator

Which of these is NOT a benefit of arbitration a. it is less time consuming b. less costly c. The dispute is decided by someone who is knowledgeable in the area of law involved in the dispute d. Arbitrators favor Plaintiffs in lawsuits.

d. arbitrators favor plaintiffs in lawsuits

All of the following are forms of discovery except: a. interrogatories b. depositions c. production of documents d. requests for settlement

d. requests for settlement

what is A Neutral Third Party

a mediator

All of the following are forms of alternative dispute resolution except: a. arbitration b. minitrials c. litigation d. mediation

c. litigation

t/f: Mediation is an ADR method that involves a disinterested third party who hears each side's position and then decides the outcome for the parties, thereby saving the costs of a trial.

false

t/f:If an appellate court finds that the lower court has made an error that can be corrected, by sending the case back to the lower court, the appellate court will reverse the case.

false

What is an order of the court that notifies the defendant he has been sued and must appear in court?

judgement

The ADR process whereby a neutral third-party oversees a bargaining process between opposing parties, helping them identify issues of agreement that might lead to settlement, but does not decide the outcome is known as:

mediation