BA 3301 chapter 4 Quiz

____________ is that stage in a lawsuit in which the plaintiff and the defendant attempt to collect evidence from the other party. a. Defendant's answer b. Complaint c. Motion to dismiss d. Discovery

d. Discovery

Bob's dog bit Jan's kid. Jan's neighbor, Ellen, saw everything. Jan does not want to sue Bob, her neighbor. Can Ellen sue Bob on Jan's behalf? a. Maybe, if Ellen is also a neighbor. Then all parties are members of the same class. b. Maybe if Ellen's distress is equal in money damages to the medical bills Jan paid for the kid's treatment. c. Yes, Bob's dog bit Ellen's other neighbor last month. This dog is a mean biter and should be stopped! d. No, Ellen lacks standing to sue Bob.

d. No, Ellen lacks standing to sue Bob.

A defendant knows she has been named in a lawsuit when she receives ___________ . a. a letter from the plaintiff's attorney asking if they can meet to discuss the dispute. b. legal notice by publication in the newspaper that a lawsuit has been filed with the option of responding. c. an invitation with the trial date and time, and a request to appear with an attorney and to give rebuttal evidence. d. a summons and a copy of the complaint issued by the trial court.

d. a summons and a copy of the complaint issued by the trial court.

One method of discovery, __________ , involves oral questions asked of either party under oath with answers recorded by a court reporter. a. interrogatory b. subpoena duces tecum c. request for admission d. deposition

d. deposition

One alternative to litigation is __________ . This alternative always involves a third party who talks to both the plaintiff and defendant to try to resolve their conflict without trial. It does not result in a decision on who should win the dispute. a. private settlement talks b. negotiation c. arbitration d. mediation

d. mediation

One method of discovery is an order from the court to turn over evidence such as computers, records, and other things. This is called a __________ . a. request for admission b. depositions c. interrogatories d. subpoena duces tecum

d. subpoena duces tecum

Once the parties have concluded closing arguments, the judge will instruct the jury on how to go through the process of answering the questions put to the jury, thereby reaching their verdict. This process is known as _________ . a. charging of the jury b. weighing of the evidence c. finalizing the legal issues for verdict d. who the heck remembers...

a. charging of the jury

_________ is a form of alternative dispute resolution that can result in a binding decision. a. Private conflict resolution b. Negotiation c. Arbitration d. Mediation

c. Arbitration

The time limit in which a party must file her lawsuit or be barred forever from filing it is called ______ . a. there is no such limitation on filing. b. the cap on damages window c. the statute of limitations d. the statute of dispute resolution

c. the statute of limitations

A civil lawsuit begins when _______ . a. when a defendant files an Answer to plaintiff's complaint. b. both plaintiff and defendant reach a settlement in court ordered arbitration. c. when a plaintiff files a Complaint and a defendant files an Answer to plaintiff's complaint. d. a plaintiff hires a lawyer.

c. when a plaintiff files a Complaint and a defendant files an Answer to plaintiff's complaint.