BLAW 371 Chapter 3
. The complaint is a statement that sets forth the plaintiff's claim against the defendant. It contains statements:
(A) alleging the essential facts necessary for the court to take jurisdiction (B) of the facts necessary to claim that the plaintiff is entitled to remedy (C) of the remedy the plaintiff is seeking (D) all of the other specific choices are correct
Statements of the facts necessary to claim that the plaintiff is entitled to remedy are included in the ____.
(A) complaint
Statements of the remedy that the plaintiff is seeking are included in the:
(A) complaint
The least formal method of alternative dispute resolution is:
(A) court-annexed arbitration (B) mini-trial (C) mediation (D) arbitration (E) none of the other choices are correct Answer: E
An appellate court's majority opinion:
(D) provides guidance to judges and attorneys for the resolution of similar disputes
Christy has many dealings in court. Which of the following court orders affecting her is not a remedy in equity?
(D) the loss of her driver's license for driving under the influence of alcohol
After the initial exchange of pleadings, litigation enters the:
D) Discovery stage
A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have thought about. T/F
False
Plaintiffs can choose between suing for monetary damages or equitable remedies in each case. T/F
False
Service of process is said to be complete when the clerk of the court schedules a case for trial. T/F
False
The first of the pleadings is known as an answer. T/F
False
When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant. T/F
False
When an arbitration case is heard, the process is called the resolution T/F
False
In most court systems, the close of the pleadings stage comes once the complaint is filed. T/F
Fasle
Most discovery occurs during courtroom proceedings. T/F
Fasle
The first of the pleadings is known as "a claim." T/F
Fasle
The rules of civil procedure require judges to allow attorneys to engage in as much direct examination of witnesses, and cross examination of the witnesses, as they believe necessary to establish their case. T/F
Fasle
When the plaintiff files a case, the pleadings must include a summary of the major evidence that supports the claims. T/F
Fasle
When an arbitration case is heard, the process is called the resolution. T/F
False
When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:
(C) nominal damages
Specific performance refers to a remedy when the court:
(C) orders the defendant to do what he had promised the plaintiff he would do
An example of an injunction is a court order directing someone to stop doing something. This is a part of:
(D) equitable remedies that courts may use
The least formal method of alternative dispute resolution is:
(D) negotiation
The most widely recognized form of alternative dispute resolution process is
(A) absolution (B) mini-trials (C) mediation (D) hearings (E) none of the other choices Answer : (E)
____ is the most widely recognized form of Alternative Dispute Resolution.
(A) Litigation (B) Mediation (C) Negotiation (D) Mini-trial (E) none of the other choices are correct Answer: E
____ is the most widely recognized form of Alternative Dispute Resolution
(A) Arbitration
Compensatory, punitive and nominal are all categories of:
(A) monetary damage awards
Remedies involving specific performance are unlikely in cases involving:
(A) personal performances
Remedies available in the U.S. legal system include:
(A) punitive damages (B) compensatory damages (C) nominal damages (D) injunctions (E) all of the other options Answer : (E)
The decision of an arbitrator in the arbitration process is called:
(B) an award
Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:
(B) compensatory damages
An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded. The jury also awarded the family an additional $100 million damages. The second award is known as:
(B) punitive damages
. Rights are enforced and violations of rights are compensated by:
(B) remedies
An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:
(C) a demurrer
Which is not a stage in a typical lawsuit?
(C) repose
A principal discovery tool is the written deposition. T/F
False
After an arbitrator hears a dispute, she issues an opinion that is known as a verdict. T/F
False
Compensatory damages are decided by a jury on the basis of an "equitable judgment" for the plaintiff. T/F
False
The screening process used in selecting the jury members from the jury pool is called res judicata. T/F
Fasle
After an arbitrator hears a dispute, she issues a decision known as the award. T/F
True
Negotiations has been rising in popularity in recent years as a method of dispute resolution. T/F
True
Since the physical or mental condition of a party raises many privacy issues, parties requesting an opposing party to submit to an examination:
(B) must show a greater need for the information than for other forms of discovery
The discovery state in the trial process prevents a:
(A) "trial by ambush"
A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:
(A) a counterclaim (B) a motion to dismiss (C) an answer (D) all of the specific choices are possible
Following service of the plaintiff's complaint, defendant would not file which of the following:
(A) a deposition
The screening process used to select jury members is called:
(A) adverse selection (B) sequestering (C) summary selection (D) venue (E) none of the other choices Answer : (E)
The most widely recognized form of alternative dispute resolution process is:
(A) arbitration
Depositions:
(A) are taken before trial, during discovery
Which of the following is not a discovery tool used for obtaining information from the opposing party?
(A) depositions (B) written interrogatories (C) requests for admissions (D) mental examinations (E) all of the other choices are discovery tools Answer : (E)
The first thing the plaintiff must do to begin the litigation process is:
(A) give notice to the defendant by service of process (B) request a pre-trial hearing before a judge (C) serve the defendant with the complaint (D) make a motion for a pleading (E) none of the other choices are correct Answer : (E)
At the close of discovery, either party may:
(A) move for a summary judgment
The purpose of the pleadings is to:
(A) notify each of the parties of the claims and defenses of each other
The purpose of the pleadings is to:
(A) notify each of the parties of the claims and defenses of each other (B) focus the issues (C) help remove surprise from the resolution of the dispute (D) establish some facts in the case (E) all of the other specific choices are correct Answer: E
The purpose of the discovery stage before trial is to:
(A) prevent surprises at trial (B) preserve evidence of witnesses who might not be available for trial (C) encourage pretrial settlements (D) narrow the range of claims being made (E) all of the other choices may be correct Answer: E
The process of obtaining information about the dispute is known as:
(A) processing (B) counterclaim justification (C) pretrial informing (D) counterclaim informing (E) none of the other choices are correct Answer : (E)
The purpose of the discovery stage before trial is to:
(A) retain an element of surprise in the litigation process (B) determine if there is a claim that the law can address (C) encourage pretrial settlements (D) determine who the plaintiff will be (E) none of the other choices Answer : (E)
. Which of the following is an example of an affirmative defense:
(A) self-defense (B) assumption of risk (C) contributory negligence (D) all of the other specific choices are correct Answer: D
A major purpose of pretrial conferences is to:
(A) simplify issues and plan the course of the trial
The first pleading is commonly called:
(A) the complaint
An award is:
(A) the decision of an arbitrator in the arbitration process
. In an affirmative defense:
(A) the defendant admits to the facts claimed by the plaintiff, but offers additional facts
Voir dire is:
(A) the process used to select jury members
Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of:
(A) the tools of discovery
After completion of the discovery process the case is ready:
(A) to go to trial
Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a: (A) request for admission
(A)request for admission (B) production of testimony (C) discovery testimonial (D) demurrer of oath (E) none of the other choices are correct Answer: E
Discovery can impose significant costs on businesses, making them more likely to:
(B) settle out of court
Which of the following is not a typical tool of the discovery process in civil litigation:
(B) wiretaps
A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most likely to file which of the following in response to the complaint:
(B) a motion to dismiss
If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:
(B) an affirmative defense
In the pleading known as the ____, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff.
(B) answer
Without the discovery state in the trial process, evidence presented in the trial could:
(B) catch opposing parties by surprise
Depositions can be useful in challenging a witness who:
(B) changes his story at the trial
To begin the litigation process, the plaintiff must first:
(B) determine in which court to bring the action
According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:
(B) is not "unduly burdensome" to the other party
When a plaintiff files a suit against a defendant, plaintiff:
(B) must give notice to the defendant by service of process
A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint:
(C) a request for admissions
A complaint filed by a plaintiff need not contain:
(C) a statement of the evidence in the plaintiff's possession
The arbitration process begins with:
(C) a submission
Which of the following is an example of an affirmative defense:
(C) assumption of risk
Which of the following is an example of an affirmative defense:
(C) contributory negligence
The reply in the pleading process is a legal response to the:
(C) counterclaim
The formal statements made to the court by the parties to a case that list their claims and defenses are called:
(C) pleadings
The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:
(C) relative questioning
Which of the following is an example of an affirmative defense:
(C) self-defense
A case is ready to go to trial after completion of:
(C) the discovery process
A case is ready to go to trial after completion of:
(C) the litigation process
The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:
(C) voir dire
If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made a(n):
(D) counterclaim
Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a:
(D) deposition
In the federal courts the right to a jury trial is guaranteed:
(D) in common law cases in which over $20 is in dispute
The discovery state in the trial process is intended for the:
(D) parties to obtain information about the facts before the trial starts
If the mental or physical condition of a party to a suit is an issue raised by the other party the:
(D) party requesting the order must show a greater need for this information than for other kinds of discovery
Which is the correct order of stages for a typical lawsuit:
(D) pleadings, discovery, pretrial, trial, appeals
The ____ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.
A) Discovery
The process of obtaining information about the dispute is known as:
B) Discovering
A court may dismiss a case because, even if the statements made by the plaintiff are true, there is no legal remedy for the events that happened. T/F
True
After pleadings, litigation enters the discovery stage. T/F
True
An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred. T/F
True
At the end of the discovery process, either party may move for summary judgment in their favor in an effort to end the case at that point. T/F
True
Attorneys may engage in direct examination of their own witnesses and cross examination of the witnesses of their opponent. T/F
True
Equitable remedies may be provided where monetary damages will not provide adequate relief. T/F
True
Following the service of plaintiff's complaint, even if the claims are complete nonsense, the defendant must file a responsive pleading. T/F
True
If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has an affirmative defense. T/F
True
In equity, courts may order specific performance as a remedy. T/F
True
Service of process of a lawsuit usually consists of a summons. T/F
True
The discovery process gives both sides access to the information in the possession of the other side; there are few secrets. T/F
True
The discovery process often reduces the number of issues in a case. T/F
True
The first stage of the arbitration process is the filing of a submission. T/F
True
The most widely recognized ADR process is arbitration. T/F
True
The process of discovery before trial encourages settlement of cases. T/F
True
The screening process used in selecting the jury members from the jury pool is called voir dire. T/F
True
The steps in negotiations may be the same as the process in negotiating a contract. T/F
True
Traditionally, arbitration is a voluntary process. T/F
True
When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff. T/F
True
