chapter 3 true/false
1. The plaintiff selects the court in which to file an action against a defendant. (A) True (B) False
(A)
10. When a plaintiff files an action against a defendant, it is called the complaint. (A) True (B) False
(A)
101. Compensatory damages are intended to give injured parties to restore them to the economic position they were in before they suffered an injury. (A) True (B) False
(A)
104. In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut Supreme Court held that the home owners should receive compensatory damages that were consistent with the economic loss suffered. (A) True (B) False
(A)
107. A plaintiff may win a lawsuit and only be awarded one dollar - that is, given nominal damages. (A) True (B) False
(A)
108. Equitable remedies may be provided where monetary damages will not provide adequate relief. (A) True (B) False
(A)
109. In equity, courts may order specific performance as a remedy. (A) True (B) False
(A)
111. A temporary restraining order (TRO) is usually granted to preserve things as they are so the court has time to hold a hearing on the matter in dispute. (A) True (B) False
(A)
113. A preliminary injunction is also known as an interlocutory injunction. (A) True (B) False
(A)
115. A preliminary injunction is issued by a court if it finds that the plaintiff will likely prevail on the merits of a dispute and will suffer an irreparable injury in the absence of a court order. (A) True (B) False
(A)
117. In Georgia State Licensing Board for Residential and General Contractors v. Allen the Georgia Supreme Court held that the lower court improperly granted an injunction against Board enforcement of the licensing process approved by the legislature. (A) True (B) False
(A)
118. A permanent injunction is normally granted after a trial and remains in force indefinitely. (A) True (B) False
(A)
12. When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff. (A) True (B) False
(A)
120. When a case is taken to an appellate court, the attorneys for the parties must present both written briefs and oral arguments. (A) True (B) False
(A)
121. When a court hears an appeal it may affirm, modify, or reverse the decision of the trial court. (A) True (B) False
(A)
124. If a losing party fails to pay a judgment ordered by the court, a writ of execution may be issued to allow property to be seized to satisfy the judgment. (A) True (B) False
(A)
128. The most widely recognized ADR process is arbitration. (A) True (B) False
(A)
129. Traditionally, arbitration is a voluntary process. (A) True (B) False
(A)
130. According to the Federal Arbitration Act, agreements to arbitrate should be upheld by U.S. courts. (A) True (B) False
(A)
133. The Uniform Arbitration Act has been adopted by most states to encourage the use of arbitration. (A) True (B) False
(A)
135. The person who leads an arbitration proceeding is called an arbitrator. (A) True (B) False
(A)
138. The first stage of the arbitration process is the filing of a submission. (A) True (B) False
(A)
14. Following the service of plaintiff's complaint, even if the claims are complete nonsense, the defendant must file a responsive pleading. (A) True (B) False
(A)
140. Arbitrators do not have to be attorneys. (A) True (B) False
(A)
145. After an arbitrator hears a dispute, she issues a decision known as the award. (A) True (B) False
(A)
146. Arbitrators may award punitive damages as part of a judgment. (A) True (B) False
(A)
149. As with a court decision, the doctrine of res judicata applies to disputes that are arbitrated. (A) True (B) False
(A)
15. If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins. (A) True (B) False
(A)
151. One possible basis for the appeal of an arbitral award is if the award was obtained by fraud. (A) True (B) False
(A)
154. Negotiations has been rising in popularity in recent years as a method of dispute resolution. (A) True (B) False
(A)
155. The steps in negotiations may be the same as the process in negotiating a contract. (A) True (B) False
(A)
157. International disputes over domain names are often resolved by ADR at the World Intellectual Property Organization. (A) True (B) False
(A)
158. Parties to a negotiation must exchange information for the negotiation to be successful. (A) True (B) False
(A)
159. If a party to a negotiation misrepresents the truth of his or her statements, this may lead to a claim of fraud. (A) True (B) False
(A)
161. One area in which mediation is often used is in labor disputes. (A) True (B) False
(A)
163. Mediators may be required, in some states, to be trained professionals. (A) True (B) False
(A)
164. If mediation is successful, the parties to the draft a settlement agreement. (A) True (B) False
(A)
165. To encourage honesty in mediation, mediators may not be required to testify later in court about the matter they tried to mediate. (A) True (B) False
(A)
17. If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's case dismissed. (A) True (B) False
(A)
18. If a court does not have jurisdiction over the subject matter of a case, the defendant may file a motion to dismiss the complaint. (A) True (B) False
(A)
19. If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff, the defendant may still be able to get the case dismissed for failure to state a claim. (A) True (B) False
(A)
20. 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. (A) True (B) False
(A)
21. A motion to dismiss is called a demurrer in some courts. (A) True (B) False
(A)
22. In her answer, the defendant must admit or deny the allegations made by the plaintiff in the complaint. (A) True (B) False
(A)
23. If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim. (A) True (B) False
(A)
25. An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred. (A) True (B) False
(A)
26. 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. (A) True (B) False
(A)
28. The plaintiff's answer to claims made by the defendant against the plaintiff is known as a reply. (A) True (B) False
(A)
3. The U.S. judicial system is considered to be "adversarial." (A) True (B) False
(A)
31. After pleadings, litigation enters the discovery stage. (A) True (B) False
(A)
34. The process of discovery before trial encourages settlement of cases. (A) True (B) False
(A)
35. The discovery process often reduces the number of issues in a case. (A) True (B) False
(A)
36. The discovery process gives both sides access to the information in the possession of the other side - there are few secrets. (A) True (B) False
(A)
39. The general rule is that one does not have to produce evidence for the opposing party if to do so is "unduly burdensome." (A) True (B) False
(A)
41. A deposition is taken under oath - it allows attorneys from both sides to be present. (A) True (B) False
(A)
44. Interrogatories are written questions submitted by the opposing party. (A) True (B) False
(A)
47. Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved. (A) True (B) False
(A)
51. In Cooper Tire v. Mendez, involving a blown tire in a serious accident, the Texas high court held that because the expert witness for Mendez was not reliable, the verdict in his favor was thrown out and a verdict entered for Cooper. (A) True (B) False
(A)
56. If a business is found to have records in such a mess that the other side of in a lawsuit cannot find documents it wants, the court may punish the messy party or even rule against it in the case. (A) True (B) False
(A)
59. A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court. (A) True (B) False
(A)
6. Service of process of a lawsuit usually consists of a summons. (A) True (B) False
(A)
60. If a party in litigation refuses to answer the depositions of the other party the court may find the party that refuses to answer in contempt of court. (A) True (B) False
(A)
61. If a party refuses to comply with the requests of the other side for evidence, the court may enter judgment in the case against the non-complying party. (A) True (B) False
(A)
64. If a witness, such as a company president, refuses to give a deposition that the court thinks is proper, then judgment may be entered against the company. (A) True (B) False
(A)
65. One reason companies often settle suits out of court is to protect executives from taking time to give depositions on behalf of the company. (A) True (B) False
(A)
66. In the British legal system, there are two kinds of practicing lawyers, barristers and solicitors. (A) True (B) False
(A)
69. 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. (A) True (B) False
(A)
71. A motion for summary judgment is granted most often when the facts of the case are such that one party cannot prevail. (A) True (B) False
(A)
73. Judges often use the pretrial conference as a forum for encouraging settlements. (A) True (B) False
(A)
75. A judge has the power to order a party to attend a pre-trial settlement conference, even if the party refuses to settle the case before trial. (A) True (B) False
(A)
79. The Constitution guarantees a right to a jury trial in criminal cases. (A) True (B) False
(A)
83. The screening process used in selecting the jury members from the jury pool is called voir dire. (A) True (B) False
(A)
86. Attorneys generally have the right to challenge the suitability of certain persons to sit on a jury. (A) True (B) False
(A)
88. Attorneys may engage in direct examination of their own witnesses and cross examination of the witnesses of their opponent. (A) True (B) False
(A)
91. The judge instructs the jury on the applicable law and how the jury is to review the facts in dispute. (A) True (B) False
(A)
93. In a civil trial the party that proves its contentions by a preponderance of the evidence will win. (A) True (B) False
(A)
95. If a jury cannot reach a verdict, the jury is said to be hung. (A) True (B) False
(A)
96. Before a jury has retired to consider its verdict, either party may ask the court to grant a directed verdict based on the evidence. (A) True (B) False
(A)
97. A directed verdict and a judgment as a matter of law are the same thing - a verdict for a party before the case goes to the jury for a verdict. (A) True (B) False
(A)
98. After a jury has presented its verdict, the losing party can ask the court to throw out that verdict by moving for a judgment notwithstanding the verdict. (A) True (B) False
(A)
100. Compensatory damages are decided by a jury on the basis of an "equitable judgment" for the plaintiff. (A) True (B) False
(B)
102. Compensatory damages are said, by the Supreme Court, to be given only for "direct physical injury." That cannot include "mental injury." (A) True (B) False
(B)
103. In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut Supreme Court held that the lower court had granted compensatory damages that were too large, so they must be reduced to cover "actual damages." (A) True (B) False
(B)
105. Punitive damages are awarded only in criminal cases in order to punish wrongdoer. (A) True (B) False
(B)
106. Punitive damages may not exceed the compensatory damages awarded in a given case. (A) True (B) False
(B)
11. When a plaintiff files an action against a defendant, it is called the notification. (A) True (B) False
(B)
110. An injunction is a court order directing a person to do what they promised to do. (A) True (B) False
(B)
112. A temporary restraining order (TRO) is usually granted by a court of appeal as part of an order to a trial court to make a final determination about a permanent order. (A) True (B) False
(B)
114. A preliminary injunction is issued by a court before information is gathered about a matter in dispute - the purpose it to hold things steady until a hearing can occur. (A) True (B) False
(B)
116. In Georgia State Licensing Board for Residential and General Contractors v. Allen the Georgia Supreme Court held that an injunction would be issues against the Board against its licensing process as contractors had not be properly informed of new requirements. (A) True (B) False
(B)
119. A case may enter the appellate stage if the losing party at the trial stage believes an error in determining the facts has been made during the course of the trial. (A) True (B) False
(B)
122. When a court hears an appeal, usually five judges work together. (A) True (B) False
(B)
123. The only kinds of opinions an appellate court may issue are called majority and dissenting opinions. (A) True (B) False
(B)
125. It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment. (A) True (B) False
(B)
126. Since World War II, German trial procedure is patterned after U.S. trial procedure. (A) True (B) False
(B)
127. Negotiation is the most widely recognized form of ADR. (A) True (B) False
(B)
13. When the plaintiff files a case, the pleadings must include a summary of the major evidence that supports the claims. (A) True (B) False
(B)
131. According to the Federal Arbitration Act, if the results of arbitration are "contrary to law," the courts may intervene in the matter and hear the dispute. (A) True (B) False
(B)
132. The Uniform Arbitration Act was adopted by Congress to encourage the use of arbitration by federal agencies. (A) True (B) False
(B)
134. If a party to an arbitration agreement wants to avoid arbitration by going to court, a court may not force the party to arbitrate their claim. (A) True (B) False
(B)
136. To serve as an arbitrator, one must be certified by the American Arbitration Association. (A) True (B) False
(B)
137. In arbitration, a third party who has no special knowledge of the subject matter of the dispute is generally used to settle the controversy. (A) True (B) False
(B)
139. In most arbitration, an arbitrator is picked randomly from amongst a group of potential arbitrators. (A) True (B) False
(B)
141. At an arbitration hearing, the procedure followed is very similar to a courtroom trial. (A) True (B) False
(B)
142. At an arbitration hearing, the process, like a court trial, must be open to the public. (A) True (B) False
(B)
143. When an arbitration case is heard, the process is called the resolution. (A) True (B) False
(B)
144. After an arbitrator hears a dispute, she issues an opinion that is known as a verdict. (A) True (B) False
(B)
147. By law, arbitrators may not award punitive damages - they must only calculate compensatory damages in disputes they resolve. (A) True (B) False
(B)
148. Once an arbitrator issues a decision, absolutely no appeal may be taken. (A) True (B) False
(B)
150. An arbitrator's decision may be appealed based on an error of law only. (A) True (B) False
(B)
152. The decision of an arbitrator may be overturned on appeal if it is found that the arbitrator was incompetent as to knowledge of the law involved. (A) True (B) False
(B)
153. The least formal form of ADR is mediation. (A) True (B) False
(B)
156. International disputes over domain names are often resolved by ADR at the U.N. Commission on Internet Usage. (A) True (B) False
(B)
16. Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a technical error in plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do not concern the adequacy of the claim itself. (A) True (B) False
(B)
160. In mediation a neutral third party imposes a settlement on two other parties. (A) True (B) False
(B)
162. The Chinese Supreme Court issued a decision stating that all lower courts must overturn arbitral decisions that adversely affect Chinese business interests. (A) True (B) False
(B)
2. The defendant has the right to move a suit to the court "of greatest convenience." (A) True (B) False
(B)
24. Unlike the original complaint by the plaintiff, any claims made by defendant against the plaintiff do not require an answer by the plaintiff. (A) True (B) False
(B)
27. 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 what is called a negative defense. (A) True (B) False
(B)
29. The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim. (A) True (B) False
(B)
30. In most court systems, the close of the pleadings stage comes once the complaint is filed. (A) True (B) False
(B)
32. Most discovery occurs during courtroom proceedings. (A) True (B) False
(B)
33. A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have thought about. (A) True (B) False
(B)
37. The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant. (A) True (B) False
(B)
38. The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that evidence was exclusively developed by the party who has it. (A) True (B) False
(B)
4. The U.S. judicial system is considered to be "jointly cooperative." (A) True (B) False
(B)
40. A principal discovery tool is the written deposition. (A) True (B) False
(B)
42. A deposition is taken under oath - the party being questioned in a deposition may not talk to his attorney for advice. (A) True (B) False
(B)
43. Information gathered at a deposition before trial may not be used as evidence at trial. (A) True (B) False
(B)
45. When giving answers to interrogatories, the witness may not leave the room to look up information. (A) True (B) False
(B)
46. When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance. (A) True (B) False
(B)
48. When expert testimony is critical to a case, but is excluded as unreliable, there is a right to a new trial with a new, credible witness. (A) True (B) False
(B)
49. When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness. (A) True (B) False
(B)
5. When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant. (A) True (B) False
(B)
50. In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that AstenJohnson could not use its employees as expert witnesses since there was an obvious conflict of interest. (A) True (B) False
(B)
52. In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial. (A) True (B) False
(B)
53. If a party requests sensitive documents, such as a trade secret, the order will not be granted unless the court remains in possession of the evidence at all times. (A) True (B) False
(B)
54. If a physical exam is necessary to determine the extent of an injury to the plaintiff that is relevant to a case, the doctor used must be one approved by the plaintiff. (A) True (B) False
(B)
55. Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be required due to the constitutional right of privacy. (A) True (B) False
(B)
57. Even if both parties admit the truthfulness of a fact related to a dispute, the fact still must still be proved by evidence in court. (A) True (B) False
(B)
58. A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit. (A) True (B) False
(B)
62. Corporate executives must personally appear to respond to all requests for depositions for their testimony. (A) True (B) False
(B)
63. Corporate executives must give testimony in court, whenever so requested, to answer questions about company policy and other matters. (A) True (B) False
(B)
67. In the British legal system, most courtroom litigation is handled by lawyers called solicitors. (A) True (B) False
(B)
68. In the British Legal System judges tend to play a much more passive role - one reason for wearing a wig is to help make them seem even more remote to a jury and not influence proceedings. (A) True (B) False
(B)
7. Service of process is said to be complete when the clerk of the court schedules a case for trial. (A) True (B) False
(B)
70. A motion for summary judgment is granted most often when the facts of the case are in dispute. (A) True (B) False
(B)
72. The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried. (A) True (B) False
(B)
74. Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court. (A) True (B) False
(B)
76. A judge has the power to declare judgment in a case against a party that refuses to settle a case before trial. (A) True (B) False
(B)
77. Juries must always be used in federal courts in civil trials involving more than $20. (A) True (B) False
(B)
78. The U.S. Constitution guarantees a right to a jury trial in any state court in the U.S. (A) True (B) False
(B)
8. The first of the pleadings is known as an answer. (A) True (B) False
(B)
80. The Constitution requires the use of juries in all criminal cases. (A) True (B) False
(B)
81. The Constitution guarantees the right to use a jury in all civil penalty cases. (A) True (B) False
(B)
82. The importance of selecting a jury was the driving force behind the creation of a trial lawyer's association. (A) True (B) False
(B)
84. The screening process used in selecting the jury members from the jury pool is called res judicata. (A) True (B) False
(B)
85. The Constitution requires that all juries be composed of twelve persons. (A) True (B) False
(B)
87. The defendant always goes first in presenting a case in court because the plaintiff brought the suit. (A) True (B) False
(B)
89. 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. (A) True (B) False
(B)
9. The first of the pleadings is known as "a claim." (A) True (B) False
(B)
90. The final closing argument is always presented by the defendant. (A) True (B) False
(B)
92. After both parties have rested, the defendant, but not the plaintiff, may move for (request of the judge) a directed verdict. (A) True (B) False
(B)
94. To ensure fairness in trials, most courts freely allow new trials. (A) True (B) False
(B)
99. Plaintiffs can choose between suing for monetary damages or equitable remedies in each case. (A) True (B) False
(B)