MGT 340 - Chapter 4 Homework

Jack is on trial for first-degree murder and has pled not guilty. At this stage in the jury trial, the prosecutor is presenting her case against Jack by questioning her own witnesses. This questioning is known as _____.

Direct Examination - When a party is questioning their own witness(es) at trial, this is known as "direct examination". After the opening statement, the party with the burden of proof (the prosecutor or the plaintiff's attorney) will conduct the direct examination of their own witnesses. The defendant's counsel then has the right to question those witnesses during cross-examination.

Depositions and interrogatories occur during the _____ stage of litigation.

Discovery - Depositions and interrogatories are two of the methods used to gather information during the discovery stage of litigation.

In the case of NFL Management Counsel v. Brady, 820 F.3d 527 (2d Cir. 2016), the federal court vacated the arbitration award and held that federal courts are not required to show any deference to the arbitrator's decision during their de novo review.

False - A federal court's review of labor arbitration awards is narrowly circumscribed and highly deferential to the arbitrator's decision because arbitration clauses are the product of negotiation between employer and employee. The court's role is limited to determining whether the arbitration proceedings meet minimum legal standards

Arbitration is a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy a court of law.

False - Civil litigation is the term used to describe the dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy in a court of law. While the term "litigation" is sometimes used synonymously with the word "trial", the scope of civil litigation is much broader and also includes pretrial and posttrial events.

In a business, legal counsel is an important source of information and advice is solely responsible for making decisions about how to resolve a dispute.

False - In business, dispute resolution is not simply a matter to be delegated to attorneys. While legal counsel is a critically important source of information and advice, decisions about resolving a dispute are ultimately made by the business managers and owners themselves.

Which of the following statements is NOT true of the Federal Arbitration Act (FAA)?

It spells out specific procedures and formats for conducting arbitration proceedings. - The FAA is a statute in which Congress endorsed the use of arbitration as the preferred dispute resolution method for matters governed by federal law. It does not spell out specific procedures and formats for conducting arbitration proceedings, but it does provide a means for enforcing arbitrators' decisions through federal courts.

Which of the following is a type of informal alternative dispute resolution (ADR)?

Settlement agreement - Informal ADR can take the form of a settlement agreement whereby one party agrees to a payment in exchange for the other party's promise not to sue. Another method of informal ADR would be an agreement to cancel a contract or to revise an existing contract to better reflect the parties' obligations and needs.

Summary jury trials are primarily used in federal courts but have occasionally been used in state courts when there are complex issues to be litigated.

True - Summary jury trials are primarily used in federal courts but have occasionally been used in state courts when there are complex issues to be litigated. A summary jury trial is an abbreviated hearing where the attorneys conduct the proceeding through oral argument and the judge issues a nonbinding, advisory opinion.

If arbitration is binding, the arbitrator's decision is final unless both parties agree to have the case reopened.

True - Unless already mandated in their contract, both parties in the dispute agree to either binding or nonbinding arbitration at the beginning of the arbitration process. If binding, the arbitrator's decision is final unless both parties agree to have the case reopened.

Taylor is on trial for assault and battery. The prosecution must provide sufficient _____ evidence to convict Taylor of the offense.

inculpatory - The prosecution must provide sufficient inculpatory evidence to convict Taylor of assault and battery. Inculpatory evidence is evidence that tends to prove a criminal offense or civil wrong.