Ch. 4 Alternative, Judicial, and E-Dispute Resolution

Which of the following is true of electronic mediation or e-mediation?

A chat room is assigned for conversations between both parties and the mediator.

Which of the following statements is true about the pretrial litigation process?

A default judgment establishes the defendant's liability.

In which of the following cases is a default judgment entered?

A defendant does not file a written response to a plaintiff's complaint.

Which of the following statements is true of a deposition?

A deponent is allowed to correct his or her answers before signing the deposition.

In which of the following cases does a class action occur?

A group of plaintiffs collectively brings a lawsuit against a defendant.

Which of the following statements is true about appellate courts?

Appellate courts permit brief oral arguments between attorneys.

T or F A class action is a court order directing the defendant to appear in court and answer the complaint.

FALSE

T or F A deposition is oral testimony given by a party or witness during the trial.

FALSE

T or F A trial is conducted with a jury only when the defendant requests a jury trial.

FALSE

T or F After a witness is sworn in, he or she is immediately cross-examined by the plaintiff's attorney.

FALSE

T or F Electronic technologies have made it possible to settle disputes online. However, arbitration is not possible in electronic dispute resolution.

FALSE

T or F In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

FALSE

T or F Interventions are written questions submitted by one party to a lawsuit to the other party.

FALSE

T or F Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

FALSE

T or F The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.

FALSE

T or F Upon request, a plaintiff typically receives at least one judicial extension of the applicable statute of limitations period.

FALSE

T or F Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

FALSE

T or F When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

FALSE

T or F A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

FALSE- A defendant who believes that he or she has been injured by the defendant can file a cross-complaint against the plaintiff

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to bring a lawsuit against Alice on January 15, 2015, which of the following is most likely to be the outcome?

Graham is not allowed to sue Alice, having lost his right to sue her.

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts.

Short Answer What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

In a civil case, either party can appeal the trial court's decision once a final judgment is entered. Only the defendant can appeal in a criminal case. The appeal is made to the appropriate appellate court. A notice of appeal must be filed by a party within a prescribed time after judgment is entered. An appellate court will reverse a lower court decision if it finds an error of law in the record.

________ are written questions submitted by one party to a lawsuit to another party.

Interrogatories

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

Mediation

Short Answer Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

One of the major purposes of pretrial hearings is to facilitate the settlement of a case. This saves on legal expenses incurred by both parties. It also helps to save the time of the court, which can be used to pursue other (and more crucial) cases. If no settlement is reached, the pretrial hearing is used to identify the major trial issues and other relevant factors.

Which of the following statements is true of a court trial?

Prospective jurors are questioned by lawyers for each party.

Short Answer Differentiate between trials with and without jury.

Pursuant to the Seventh Amendment to the U.S. Constitution, a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court. If either party requests a jury, the trial will be by jury. If both parties waive their right to a jury, the trial will occur without a jury. The judge sits as the trier of fact in nonjury trials. Lawyers for each party and the judge can ask prospective jurors questions to determine whether they would be biased in their decisions. Biased jurors can be prevented from sitting on a particular case.

A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.

Settlement conference/pretrial hearing

T or F A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

TRUE

T or F A defendant can answer a complaint and file a cross-complaint at the same time.

TRUE

T or F A pretrial hearing is also known as a settlement conference.

TRUE

T or F A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

TRUE

T or F A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

TRUE

T or F An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

TRUE

T or F If the defendant does not answer the complaint, a default judgment is entered against him or her.

TRUE

T or F In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

TRUE

T or F In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the plaintiff's rebuttal.

TRUE

T or F Motions for summary judgment are supported by evidence outside of the pleadings.

TRUE

T or F Once a default judgment is established, the plaintiff only has to prove damages.

TRUE

T or F Only the defendant can appeal in a criminal case.

TRUE

T or F The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

TRUE

Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator.

Which of the following statements is true of the plaintiff's case?

The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.

Which of the following statements best describes re-direct examination?

The plaintiff's attorney questions the witness who was questioned by the defendant's attorney

Short Answer Briefly explain the steps involved in the pretrial litigation process.

To initiate a lawsuit, the plaintiff must file a complaint in the proper court. The complaint names the parties to the lawsuit, alleges the ultimate facts and law violated, and contains a "prayer for relief" for a remedy to be awarded by the court. Following this, the defendant must file an answer to the complaint and can also file a cross-complaint against the plaintiff to claim damages. The plaintiff replies to the defendant's cross-complaint. If other persons have an interest in a lawsuit, they may intervene and become parties to the lawsuit. A statute of limitations establishes the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time period, the plaintiff loses his or her right to sue.

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Voir dire

Which of the following can be filed by the defendant in a lawsuit?

answer

A lawsuit where a group of plaintiffs with common claims collectively brings a lawsuit against a defendant is known as a(n) ________.

class action

The act of a court combining two or more separate lawsuits into one lawsuit is called ________.

consolidation

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

cross-complaint

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

cross-complaint

Only the ________ can appeal in a criminal case.

defendant

A(n) ________ is oral testimony given by a party or witness prior to trial.

deposition

The term ________ refers to the oral testimony given by a party or witness prior to trial.

deposition

What is the purpose of a pretrial hearing?

facilitating the settlement of a case before it goes to trial

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

intervention

The act of others joining as parties to an existing lawsuit is called ________.

intervention

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

judgment notwithstanding the verdict

What is jury deliberation?

jurors considering the evidence and attempting to reach a decision

The process of bringing, maintaining, and defending a lawsuit is called ________.

litigation

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

mediation

Which of the following is a form of alternative dispute resolution?

mediation

In a mediation, the neutral third party is called a(n) ________.

mediator

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

motion for judgment on the pleadings

A(n) ________ alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts.

motion for judgment on the pleadings

A(n) ________ asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge should apply the relevant law to the undisputed facts and decide the case.

motion for summary judgment

Which of the following motions asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge can apply the proper law to the undisputed facts and decide the case without a jury?

motion for summary judgment

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of the inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining in the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance and Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used.

negotiation

The appealing party in an appeal is called a(n) ________.

petitioner

In a litigation process, the party who files a complaint is called the ________.

plaintiff

The ________ is the party who files a complaint.

plaintiff

The statute of limitations establishes the period within which a ________.

plaintiff must bring a lawsuit against a defendant

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

rebuttal

In the civil case Jane Doe v. John Deer, the judge learns that the jury was swayed by the fact that Jane Doe was a woman. The jury entered its verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

remittitur

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

reply

A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a defendant.

statute of limitations

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

summons

The process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions is called ________.

voir dire

The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.

witness/party/deponent

What is cross-examination?

witnesses being questioned by the defendant's attorney

What is direct examination?

witnesses being questioned by the plaintiff's attorney