ch. 6.3

When a lawyer asks questions of her own witness at trial it is _________. When a lawyer asks questions of an opposing witness at trial it is _________.

direct examination. cross examination

Parties that arbitrate disputes on televised court shows like Judge Judy cannot take their case to court afterwards if they do not like the TV judge's ruling. Therefore, these shows are an example of arbitration.

true

As a general rule, both plaintiff and defendant have a right to demand a jury trial when

the lawsuit is for money damages

To reach a verdict in a civil trial,

the requirements vary by state

When questioning witnesses lawyers must follow

the rules of evidence

Alternative dispute resolution is generally cheaper and faster than litigation.

true

If a plaintiff is seeking an equitable remedy, neither the plaintiff nor the defendant has a right to a jury trial.

true

Reverse

turns the loser of the trial court decision into the winner

affirm

allows the trial court decision to stand

A major difference between arbitration and mediation is that

an arbitrator has the power to impose an award

unlike mediation, ______ ensures that there will be a ______, although the parties ________

arbitration. final result. lose control of the outcome

arbitration

binding. third party can render a decision. final decision is always rendered

The party with the ______ puts on their case _____ at the trial

burden of proof. first

Which of the following statements are true regarding the burden of proof in a criminal case?

The burden of proof standard is "beyond a reasonable doubt." The prosecution has the burden of proof.

A significant difference between a directed verdict and a judgment non obstante veredicto (JNOV) is that

a JNOV is granted after the jury reaches a verdict

Which of the following are available in litigation but not necessarily in arbitration?

a class action, a public written decision, discovery

modify

changes some aspect of the trial courts decision

Of all the forms of dispute resolution, arbitration probably offers the strongest "win-win" potential.

false

If the facts at trial weigh heavily in favor of one side in a case it may be appropriate for the judge to

grant a motion for a directed verdict

Which of the following must a mediator accomplish to be successful?

guide the parties toward settlement, earn the trust of both parties, be neutral

___________ is the fastest growing method of dispute resolution in the United States.

mediation

mediation

non-binding. third party cannot render a decision. more than 75% of cases reach a voluntary settlement.

reverse and remand

nullifies the lower courts decision and returns the case to the trial court for a new trial

During their ________ lawyers speak directly to the jury and summarize the proof he or she expects to offer during the trial.

opening statements

presumes that by putting a witness on the stand and letting both lawyers question him, the truth will emerge.

the adversarial system

The process of selecting a jury is called ______, which means _______. Each lawyer may make a(n)__________ number of _______, claiming that juror has demonstrated probable bias, and a(n) ______ number of __________ , entitling him to excuse that juror for virtually any reason, which need not be stated in court.

voire dire. speak the truth. unlimited. challenge for cause. limited. peremptory challenges