BL-MAL-CH3

In a civil​ case, the judge may reduce the amount of monetary damages awarded by the jury if he or she finds the jury to have been​ biased, emotional, or inflamed. This is called​ _____. A. rejoinder B. restitution C. subrogation D. nullification E. remittitur

e

A motion for summary judgment is supported by evidence​ _____. A. unrelated to the subject litigation B. outside the pleadings C. in the answer D. in the counterclaim E. in the complaint

b

If the defendant does not answer the​ complaint, a​ _____ is entered against him or her. A. prayer for judgment continued B. default judgment C. restraining order D. permanent injunction E. temporary injunction

b

The​ defendant's attorney can call additional witnesses and introduce other evidence to counter the​ plaintiff's rebuttal. What is this​ called? A. restitution B. rejoinder C. remittitur D. ​counter-rebuttal E. resolution

b

A​ _____ establishes the period during which a plaintiff must bring a lawsuit against a defendant. A. statue of repose B. remittitur C. rejoinder D. statute of limitations E. temporary injunction

d

A​ _____ is a lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit against a defendant. A. resolution B. rejoinder C. summary judgment D. class action E. remittitur

d

To maintain a class​ action, a class must be​ _____ by the appropriate federal or state court. A. admonished B. stratified C. dismissed D. certified E. represented

d

After the​ defendant's attorney has finished calling​ witnesses, the​ plaintiff's attorney can call witnesses and put forth evidence to rebut the​ defendant's case. This is called a​ _____. A. rebuttal B. restitution C. rejoinder D. resolution E. remittitur

a

An appeal is the act of asking​ a(n) _____ to overturn a decision after the trial​ court's final judgment has been entered. A. appellate court B. trial court C. trial court judge D. mediator E. arbitrator

a

An electronic court is also called a​ _____ courthouse. A. virtual B. wired C. simulated D. viral E. symbiotic

a

Chapter 3 Video_Huge Settlement for Injured Cruise Ship Passenger_1.25 mins According to the​ textbook, in civil cases like the one in the​ video, the​ _____ assesses damages against the defendant. A. jury B. ​defendant's attorney C. trial court judge D. ​court-appointed mediator E. ​plaintiff's attorney

a

Chapter 3 Video_Huge Settlement for Injured Cruise Ship Passenger_1.25 mins According to the​ video, as the case proceeded through the trial​ process, the total amount of the verdict in favor of Holland America passenger James Hausman was​ ________. The defense plans to appeal the verdict because it believes it is​ ____________. A. ​$21 million; excessive B. ​$2,100; proper C. ​$21,000; better awarded through a class action settlement D. ​$2.1 million; better awarded through an arbitrator E. ​$210,000; better awarded through a mediator

a

Chapter 3 Video_Huge Settlement for Injured Cruise Ship Passenger_1.25 mins According to​ video, as this case proceeded through the trial​ process, which of the following is a correct statement regarding the types of damages awarded by the​ verdict? A. ​$5 million of the verdict was for pain and​ suffering, while​ $16 million was for punitive damages. B. ​$16 million of the verdict was for nominal​ damages, while​ $5 million was for compensatory damages. C. ​$16 million of the verdict was for pain and​ suffering, while​ $5 million was for punitive damages. D. The verdict amount was exclusively for compensatory damages. E. ​$5 million of the verdict was for nominal​ damages, while​ $16 million was for compensatory damages

a

The court may overturn the verdict if it finds bias or jury misconduct. This is called a​ _____. A. judgment n.o.v. B. remand C. reversal D. judgment on the pleadings E. summary judgment

a

When the complaint and summons are served on the​ defendant, this is called service of​ _____. A. process .B. reply C. judgment continued D. interpleader E. judgment

a

​_____ are written questions submitted by one party to a lawsuit to another party. A. Interrogatories B. Responsive pleadings C. Interpleaders D. Depositions E. Pleadings

a

​_____ is a form of negotiation in which a neutral third party assists​ (without making a decision or an​ award) the disputing parties in reaching a settlement of their dispute. A. Mediation B. Absolution C. Binding arbitration D. Nullification E. ​Non-binding arbitration

a

​_____ is the act of a court to combine two or more separate lawsuits into one lawsuit. A. Consolidation B. Stratification C. Bifurcation D. Acquisition E. Merger

a

​_____ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A. Voir dire B. Remediation C. Pretrial hearing D. Absolution E. Res ipsa loquitur

a

Chapter 3 Video_Huge Settlement for Injured Cruise Ship Passenger_1.25 mins According to the​ video, as the case proceeded through the​ trial, what was the pertinent evidence that likely led to the​ jury's decision in favor of the​ plaintiff? A. Holland America refused to arbitrate the case. B. There were many other previous incidents of sliding glass doors hitting cruise ship passengers. C. Holland America had ample insurance to cover the amount of the verdict. D. Holland America refused to mediate the case. E. There were many other previous incidents of various problems with Holland America ships that led to passenger injuries​ (for example, wet decks and side railing of insufficient​ height).

c

Chapter 3 Video_Huge Settlement for Injured Cruise Ship Passenger_1.25 mins According to the​ video, which of the following is an accurate statement regarding the​ verdict? A. Holland America has decided to submit further deliberation of the verdict to a neutral and detached arbitrator. B. Holland America has agreed to pay the verdict in its entirety. C. Holland America has appealed the trial court verdict. D. Holland America has decided to submit further deliberation of the verdict to a neutral and detached mediator. E. James Hausman has decided to appeal the​ verdict, hoping that the appellate court will increase the punitive damages component of the verdict.

c

Jury instructions are also known as​ _____. A. voir dire B. deliberations C. charges D. interrogatories E. closing statements

c

The person giving a deposition is called the​ _____. A. appellant B. plaintiff C. deponent D. defendant E. respondent

c

Which of the following is NOT a major form of​ discovery? A. interrogatories B. production of documents C. pretrial conference D. physical or mental examination E. deposition

c

Which of the following is NOT a major pleading in a​ lawsuit? A. answer B. reply C. interrogatory D. complaint E. ​cross-complaint

c

​A(n) _____ is a court order that directs the defendant to appear in court and answer the complaint. A. interpleader B. rejoinder C. summons D. prayer for judgment continued E. injunction

c

​_____ is a form of alternative dispute resolution in which the parties choose an impartial third party to hear and decide the dispute. A. Absolution B. Mediation C. Arbitration D. Summary judgment E. Negotiation

c

Once the closing arguments are​ completed, the​ _____ reads jury instructions to the jury. These instructions inform the jury about what law to apply when they decide the case. A. foreperson B. ​defendant's attorney C. ​plaintiff's attorney D. court reporter E. judge

e

The simplest form of alternative dispute resolution is​ _____. A. mediation B. ​non-binding arbitration C. binding arbitration D. trial E. negotiation

e

The​ bringing, maintaining, and defending of a lawsuit is generally referred to as​ _____. A. mediation B. arbitration C. subrogation D. subornation E. litigation

e