chapter 6

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

1. be neutral 2. guide the parties toward settlement 3. earn the trust of both parties

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

1. discovery 2. class action 3. a public written decision

Which of the following are types of jurisdiction required for a court to hear a particular case?

1. subject matter jurisdiction 2. personal jurisdiction

APPELLATE DECISIONS 1. reverse and remand 2. modify 3. reverse 4. affirm

APPELLATE DECISIONS 1. nullifies the lower court's decision and returns the case to the trial court for a new trial 2. changes some aspect of the trial courts decision 3. turns the loser of the trial court decision into the winner 4. allows the trial court decision to stand

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Holt and Collins retain the right to a class action.

LITIGATION 1. pleadings: 2. answer: 3. in camera inspection: 4. discovery: 5. complaint: 6. default judgement:

LITIGATION 1. the documents that begin a lawsuit 2. a brief reply to each of the allegations in the complaint 3. the judge views the requested documents alone 4. pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponent's case 5. a short, plain statement of facts alleged by the plaintiff 6. a judge's ruling that the plaintiff wins without going to trial

In Jones v. Clinton, the court held that

Paula Jones did not demonstrate the essential elements for her claim

________ are the primary trial courts in the federal system.

U.S. district courts

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

A long-arm statute can be used only if

a defendant has had minimum contact with the state

Which of the following is NOT an example of a trial court of limited jurisdiction?

a general civil division court

_________ federal court judges are nominated by ________ and confirmed by _________ . Once confirmed, federal judges serve _________.

all the President of the United States the senate life in good behavior

A major difference between arbitration and mediation is that

an arbitrator has the power to impose an award

According to your text, the biggest change in litigation in the last decade has been

an explosive rise of electronic discovery

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

an in camera inspection.

Parties are entitled to discover

anything that could REASONABLY lead to valid evidence

Unlike mediation, _________ ensures that there will be ________, although the parties _________.

arbitration a final result lose control of the outcome

In Jones v. Clinton the court granted summary judgment for the defendant

because the plaintiff failed to make out a claim of sexual harassment

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed

Abritation

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

Marshall claims that Victor breached their contract and sues him in district court, seeking $80,000 in damages. If the trial is being held without a jury it is most likely because:

both parties waived their right to a jury

The party with the ________ puts on their case ________ at trial.

burden of proof first

In a civil case, the plaintiff must prove the case

by a preponderance of the evidence

A civil case generally proceeds as follows:

complaint, answer, discovery, trial, verdict CAD -- TV

Sometimes a defendant does more than merely answer a complaint but also files a _________, which is a second lawsuit by the defendant against the plaintiff.

counterclaim

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

default judgment.

A lawyer may question the opposing party, or a potential witness in person and under oath in a

desposition

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

After the plaintiff has presented her case, the defendant may be granted a

directed verdict.

One theory behind _________ is that the best outcome to civil _________ is a _________ and that parties will move toward agreement if they understand the opponent's case. That result is likeliest to occur if both sides have an opportunity to _________ their opponent's _________.

discovery litigation negotiated settlement examine evidence

The biggest change in litigation in the last decade has been an increase in

electronic discovery

Cases heard in appellate court sometimes, but not always, have a jury.

false

Cases litigated in trial court always have a jury.

false

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

false

During discovery, each side may only request physical documents from the other.

false

Each state has exactly one federal district court.

false

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

false

In Legends Are Forever, Inc. v. Nike Inc. the court considered the huge difference in the financial positions of the parties when making its decision.

false

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

false

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

false

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

false

Primary methods of alternative dispute resolution include litigation and mediation.

false

Small claims courts have jurisdiction over settling the estates of deceased persons

false

Witnesses sometimes, but not always, testify at cases in appellate court.

false

Eliza has been working as an administrative assistant at Giant Coalmine Corp. for two years. Recently, several of her male coworkers, including some of the company's executives, have started sexually harassing Eliza by engaging in unwanted sexual advances, abusive language, and threatening behavior. Eliza has discussed this situation with her female coworkers, several of whom have experienced a similar pattern of inappropriate treatment. The women feel intimidated and worry about losing their jobs if they complain. What can Eliza and her attorney do to strengthen their case against Giant Coalmine?

file a class action lawsuit against Giant Coalmine

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

In International Shoe Co. v. State of Washington, the Supreme Court held that the International Shoe could properly be sued in Washington because the company

had minimum contacts with the state

When an appeal is filed with the U.S. Supreme Court, the Supreme Court

has discretion as to which cases it hears

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

interrogatories

A lawyer for the defense submits a question for the plaintiff to answer in writing under oath. This is a(n)

interrogatory

a motion

is a formal request to the court

A jury decision in a civil case

is achieved by informal deliberations

Mediation

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

_________ and _______ , determine the _______ of a particular dispute. Judges apply the ______ provided by earlier ____________ decisions.

judges juries fact(s) law(s) appellate court(s)

If a large corporation is being sued by a much smaller entity, the corporation may __________ which is a form of gamesmanship that has become more prevalent in the last decade.

make e-discovery prohibitively expensive

Claudia and Patrick would like to dissolve their business partnership. They are confident that they can work collaboratively on the terms of the settlement, but they do not have much money to spend on the process and are nervous about the prospect of the terms being decided by a third party who is unfamiliar with them and their industry. Which of the following legal processes is a good choice for them?

mediation

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

mediation

A summary judgment occurs when

no trial is necessary because the essential facts are not in dispute

mediation

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

In real trials, the lawyers know in advance the answers to practically all questions asked because

of discovery

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

opening statements

A ________ may start a lawsuit only in a court that has both ________ and personal ________ over that kind of case.

plaintiff subject matter jurisdiction

The documents that begin a lawsuit are called the _________. The most important are the ________ and the _________

pleadings complaint answer

Miles is floating happily on a rubber raft in his swimming pool in New Jersey when the raft busts and cuts his eye. His doctor says he will need corrective surgery and may never fully regain his eyesight in the damaged eye. Miles learns that the raft was manufactured in Louisiana by Intack Inc., a company headquartered in New Mexico. Miles bought the raft from a Kidz Toyz store, a chain of stores in New Jersey that sells many Intack products. Miles sues Intack in a New Jersey federal court for $100,000. Intack files a motion to have the case moved to federal court in New Mexico, saying that New Jersey lacks jurisdiction over the case. Is Intack correct?

probably not. intack does a significant amount of business in New Jersey and can reasonably expect to be sued there

Pursuant to the holding in International Shoe Co. v. State of Washington, the Due Process Clause of the Constitution requires __________ of courts when exercising jurisdiction

reasonable fairness

You and a partner in Turkey plan to open a store in Chicago selling rugs imported from Turkey. You are wise enough to insist on a contract establishing the rights and obligations of both parties and would prefer a clause requiring alternative dispute resolution (ADR) of any conflicts that arise under the contract. You want to be sensitive to your partner's culture and do not to propose a clause that will alienate him. What is the best way you can accomplish all of this?

research Turkish law and hire a mediator familiar with Turkish customs

Prime Investments Corporation sues one if its executives, Stewart, for embezzling client funds. At trial, Prime calls several of Stewart's colleagues to the stand, who testify that Stewart is a bad person with no integrity and they were not surprised to hear that he was accused of stealing money. Typically opinions of this type are not admissible in court. The jury finds Stewart liable to Prime for $1 million in stolen money. If Stewart appeals, the appellate court will probably

reverse the decision due to the trial judge's legal error

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

summary judgement

A(n) _________ is a ruling by the court that no trial is necessary because some essential facts are not in dispute.

summary judgment

The _______ Court is the highest court in the country. The Court is comprised of _______ justices: one justice is the _______ justice and the rest are _______ justices.

supreme nine chief associate

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

the adversarial system

In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing, and collects 100 percent of his damages. In a criminal case the prosecutor must prove his case beyond a reasonable doubt. Why is there such a significant difference in the burden of proof between civil and criminal cases?

the burden is higher in a criminal case because the consequences that the defendant faces are more severe

Large numbers of employees have signed mandatory arbitration agreements in employment contracts. Courts usually uphold these clauses. Which of the following is not an advantage of using arbitration in place of litigation?

the employees will lose their rights to a class action

Statutory rape is a crime in which a defendant has sexual intercourse with a person who is too young to be able to give legal consent for sex. In a criminal case involving an alleged statutory rape, the age of the victim at the time of the offense is an issue to be determined by:

the jury in a trial court

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

the lawsuit is for money damages

During discovery, lawyers for the defense find out that the plaintiff was hospitalized in a psychiatric facility last April. If the court grants the defense access to the plaintiff's full medical records from that hospitalization, it is most likely because:

the plaintiff's mental condition is relevant to the case

If the court grants the defense's request to perform a physical exam on the plaintiff it is because

the plaintiff's physical condition is likely to be relevant to the dispute

To reach a verdict in a civil trial,

the requirements vary by state

When questioning witnesses lawyers must follow

the rules of evidence

The party that loses at the ______ generally ______ to be heard at the ______. The party filing the appeal is the _____. The party opposing the appeal is the ______.

trial court is entitled to intermediate court of appeals appellant appellee

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge

true

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

true

Alternative dispute resolution is generally cheaper and faster than litigation.

true

Efficient and fair litigation cannot take place in a courtroom filled with surprises

true

Generally, mandatory arbitration provisions in a contract are valid.

true

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

true

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

Summary judgment is appropriate when there are no essential facts in dispute.

true

The process of selecting a jury is called ________, which means __________. Each lawyer may make a(n) ________ number of ________ , claiming that a 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.

voir dire to speak the truth unlimited challenge for cause limited peremptory challenges