BLAW Ch. 3
The discovery state in the trial process prevents a:
"trial by ambush"
An appellate court can do which of the following:
affirm the judgment of the trial court reverse the judgment of the trial court modify the judgment of the trial court ((all correct))**
When an appellate courts opinion agrees with (upholds) the decision of the trial court, the court is said to have ______ the decision
affirmed
If a negotiation is conducted properly
almost nothing said in negotiation will be usable in a later court case
A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:
an adversary system of justice
As a practical matter, when a party is unhappy with the decisionn from arbitration, it is most common to
obey the ruling
An irreparable jury is
one for which the payment of money would be insufficient to compensate the harmed party
The decision of an appellate court is the
one that receives the majority vote of the judges
When a court issues an 'ex parte' temporary restraining order:
only the party requesting the order is present
At the beginning of the trial both lawyers make_______, which tell the jury what the critical facts are and how they will prove those facts to support their position
opening statements
Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may:
order the parties to appear at a pretrial settlement hearing
Specific performance refers to a remedy when the court:
orders the defendant to do what he had promised the plaintiff he would do
An adversary system of justice is one is which
parties must represent themselves and argue their positions before a neutral court
At pretrial conferences, judges often encourage:
parties to attempt to reach an out-of-court settlement
The discovery state in the trial process is intended for the
parties to obtain information about the facts before the trial starts
The defendants reply to the complaint, in which the defendant admits or denies the allegations, is known as
an answer
The decision of an arbitrator is the arbitration process is called
an award
The right to a jury trial
does not have to be exercised
Surveys indicate that lawyers
prefer mediation to arbitration
written briefs and oral arguments are both methods through which parties
present their arguments to the appellate court
Parties present their arguments to appellate courts by:
presenting written briefs and oral arguments
If a defendant does not respond to a plaintiff's complaint the court will:
presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint
The purpose of the discovery stage before trial is to:
prevent surprises at trial preserve evidence of witnesses who might not be available for trial encourage pretrial settlements narrow the range of claims being made
An appellate court's majority opinion:
provides guidance to judges and attorneys for the resolution of similar disputes
_________ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future
punitive
Damages that may be awarded to a plaintiff because the defendants conduct was willful or malicious are called:
punitive damages
Remedies available in the US legal system include
punitive damages compensatory damages nominal damages injunctions (all correct)**
Specific performance is often a remedy in cases involving:
rare properties
British court proceedings differ from American court proceedings in part because
there is much greater degree of specialization among attorneys in the British system
Which is true about an arbitration decision
there may be punitive damages
If the mental or physical condition of a party to a suit is an issue raised by the other party the:
party requesting the order must show a greater need for this information than for other kinds of discovery
The rules governing trial procedures in Germany:
permit judges to question witnesses in court
Remedies involving specific performance are unlikely in cases involving
personal performances
Following the opening statements at a trial, the:
plaintiff goes first since she has the burden of proving that her arguments are correct
In German trials, judges
play a much more active role than US judges
The formal statements made to the court by the parties to a case that list thier claims and defenses are called
pleadings
Which is the correct order of stages for a typical lawsuit
pleadings, discovery, pretrial, trial, appeals
If an appellate court judge disagrees with the majority opinion, she may write a
dissenting opinion
Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in
sanctions by the court
Discovery can impose significant costs on businesses, making them more likely to:
settle out of court
A major purpose of pretrial conferences is to
simplify issues and plan the course of the trial
In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that:
since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples should be compensated adequately for the damages caused by the defendants' breach of contract
In situations when monetary damages are not practical or effective, the court may order a
specific performance
The first stage of negotiation should involve
studying the issues
In contrast to the American system, judges in British court proceedings
summarize the evidence for the jury before instructing them on the relevant laws
If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for:
summary judgement
A case is ready to go to trial after completion of
the litigation process
An advantage of using an arbitrator is
the matter is resolved more quickly than in most court trials
Written interrogatories are questions submitted by:
the opposing party
The complaint filed by plaintiff contains:
-a statement alleging the facts necessary for the court to take jurisdiction -a short statement of the facts necessary to show the plaintiff may be entitles to a remedy -a statement of the remedy the plaintiff is seeking -the names of the parties ((all the other choices are included))*
The complaint is a statement that sets forth the plaintiff's claim against the defendant. It contains statements:
-alleging the essential facts necessary for the court to take jurisdiction -of the facts necessary to claim that the plaintiff is entitled to remedy -of the remedy, the plaintiff is seeking ((all correct))*
Which of the following is an example of an affirmative defense:
-self defense -assumption of risk -contributory negligence ((all correct))*
Many international contracts involving the sale of cotton require that disputes be taken to the
Internation Cotton Association
Domain name disputes are often settled by arbitration or mediation via the
World Intellectual Property organization
Following service of the plaintiff's complaint, defendant would not file which of the following:
a deposition
Along with a summons, the plaintiff serves the defendant with...
a copy of the complaint
A counterclaim is
a defendant's claim against the plaintiff
Collecting information, outlining key issues and encouraging compromise are all parts of
a mediators job
An allegation by the defendant that the law furnishes no remedy for plaintiffs claimed injury is known as
a motion to dismiss for failure to state a claim
When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually
a neutral expert in the field who may or may not be an attorney
If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret:
a protective order
If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:
a reply
A defendant must file a responsive pleading to a complain filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint:
a request for admissions
A complaint filed by a plaintiff need not contain:
a statement of the evidence in the plaintiff's possession
The arbitration process begins with
a submission
'Res judicata' means
a thing decided
After a judgment is entered in a favor of the plaintiff, what may the plaintiff seek if the defendant refuses to pay?
a writ of execution
When a court orders someone not to do something, this is known as:
an injunction
Information such as medical bills are given to the opposing party in litigation as a result of
an order for the production of documents
A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called
arbitration
The most widely recognized form of alternative dispute resolution process is
arbitration
Depositions
are taken before trial, during discovery
During the selection of a jury from the jury pool, attorneys:
are usually allowed to reject some jurors without any reason
A motion for a directed verdict is when parties
ask the judge to issue a favorable verdict that makes jury deliberation unnecessary
A motion for judgment as a matter of law is when parties:
ask the judge to issue a favorable verdict that makes jury deliberation unnecessary
The _________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time
discovery
To make sure that they remain together and that there is no misconduct, the jury is placed in the custody of the __________ while they deliberate
baliff
In British court proceedings
barristers remain behind one long table most objections are raised outside the presence of the jury most objections are resolved before the witness is called ((all correct))**
A defendant may make a counterclaim against the plaintiff:
based on the same events the plaintiff bases the complain on
Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the granting or denying of motions to dismiss the case are all
bases for appeal
In a civil trial the parties must prove their contentions
by a preponderance of the evidence
Unlike arbitrators, mediators
cannot impose a decision
Without the discovery state in the trial process, evidence presented in the trial could
catch opposing parties by surprise
Depositions can be useful in challenging a witness who
changes his story at trial
If the parties must prove their contentions to the jury by a proponderance of the evidence then the trial is a
civil trial
Before the case goes to the jury, the attorneys of both parties present
close (final) arguments
The process of obtaining information about the dispute is known as:
discovery
Statements alleging the essential facts necessary for the court to take jurisdiction are included in the
complaint
Statements of the remedy that the plaintiff is seeking are included in the
complaint
Negotiated settlements are usually
contracts enforced by the courts
According to the Supreme Court, courts must exclude evidence that is
contrary to scientific standards
If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made an
counterclaim
According to the Federal Arbitration Act
courts must uphold agreements to arbitrate
Criminal cases differ from civil cases in that
criminal trials have very little discovery
After the initial exchange of pleadings, litigation enters the :
discovery stage
When the judges instructs, or charges, the jury, she:
discusses which party has the burden of persuasion
If a jury cannot reach a verdict, the judge:
declares a mistrial
The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the
defendant that the law furnishes no remedy for plaintiff's claimed injury
An allegation by the defendant that the law furnishes no remedy for plaintiffs claimed injury is known as a
demurrer
Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a
deposition
The specific tools of discovery include
depositions written interrogatories orders for production of documents and requests for admissions orders for a mental or physical examination ((All correct))*
To begin the litigation process, the plaintiff must first:
determine in which to bring the action
A protective order
limits access to the material so as to ensure confidentiality
If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific standards the case may be:
ended by summary judgment
Courts are instructed to __________ by the Federal Arbitration Act
enforce arbitration
A principal function served by the appellate courts is to:
ensure that the trial judge correctly applied the law
If a party refuses to comply with a court order to produce documents or answer written interrogatories, the court may:
enter judgement in favor of the other party impose sanctions of the party refusing to answer impose fines on the party refusing to answer send the party refusing to answer to jail (all correct))**
An example of an injunction is a court order directing someone to stop doing something. This is a part of:
equitable remedies that courts may use
permanent injunction is a
final court order, issued after the conclusion of the trial or as part of a settlement agreement
After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. the judge denies the motion. The next step in the trial is that the attorney:
for Paul's instructs the jury
One key area in which mediation is often used is
for labor disputes
When a losing party to an arbitration appeals the arbitrators decision to the courts, to have a chance of success, the appeal best be based on
fraud
Compensatory damages are intended to:
give injured parties a sum of money to restore them to the economic position they were in before the injury
An appellate courts majority opinion
gives the legal rationale for the courts decision
If a judge writes a concurring opinion it means that
he agrees with the outcome, but for a different reason
If a jury cannot reach a decision, the jury is said to be:
hung
An arbitrator must be
impartial
In the federal courts the right to a jury trial is guaranteed:
in common law cases in which over $20 is in dispute
Which of the following is not a category of monetary damages?
injunction
In the ___________ the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the parties has the burden of persuasion
instruction or charges
Which contracts often include arbitration clauses
insurance contracts investment contracts with stockbrokers many commercial contracts labors contracts ((all corrects)))*
A preliminary injunction is also known as
interlocutory injunction
The decision of an arbitrator
is binding on the parties as if it were a court decision
According the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that:
is not "unduly burdensome" to the other party
At most trials, after the parties present their closing arguments, the:
judge instructs the jury of the law; the jury applies the law of the fact it determines
After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a:
judgment notwithstanding the verdict
As a general rule, judges who are scheduled to have a case tried before them:
may strongly encourage the parties to settle and not have a trial
What is the general rule concerning what is said during a mediation and a later court proceeding?
mediators cannot be required to testify
Compensatory, punitive and nominal are all categories of:
monetary damage awards
If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:
motion for a directed verdict / motion for judgment as a matter of law
At the close of discovery, either party may:
move for a summary judgment
Following service of the plaintiff's complaint, defendant:
must file a responsive pleading may file a motion to dismiss may file an answer with an affirmative defense may only file a counterclaim (all correct))**
When a plaintiff files a suit against a defendant, plaintiff:
must give notice to the defendant by service of process
The purpose of the pleadings is to:
notify each of the parties of the claims and defenses of each other focus the issues help remove surprise from the resolution of the dispute establish some facts in the case
The least formal method of alternative dispute resolution is
negotiation
When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:
nominal damages
A submission is what a party files to
refer a dispute to arbitration
Rights are enforced and violations of rights are compensated by:
remedies
Which is not a stage in a typical lawsuit?
repose
Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:
requests for admissions
When a dispute cannot be considered again it is a thing decided by judgement or
res judicata
When an appellate court disagrees with the decision reached by the trial court, the appellate court:
reverses the decision
If a court wants to prevent the destruction of evidence until a formal hearing can be held, it
temporary restraining order
Written interrogatories are useful for obtaining information
that parties have to look up in files or records
The US Constitution guarantees a right to a jury trial in
the Sixth Amendment & the Seventh Amendment
The following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except:
the arbitrator does not state the legal basis of the decision
The first pleading is commonly called:
the complaint
Summary judgment is granted when:
the court can apply the law to the undisputed facts and resolve the dispute
If a party refuses to comply with a court order to produce documents or answer written interrogatories:
the court can find the party in contempt of court, which can result in fines or imprisonment
a defendant is allowed to file a motion to dismiss a plaintiffs complaint for the purpose of claiming which of the following:
the court does not have jurisdiction over the subject matter the court does not have jurisdiction over the defendant there was not proper service of the complaint the plaintiff failed to state a claim for which the law provides a remedy ((all correct))***
If the mental or physical condition of a party to a suit is an issue raised by the other party:
the court may allow an examination given by specialists of the oppositions choosing
The decision by the majority of the members of an appellate court is referred to as
the courts majority opinion
The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are the factors that effect:
the decision to request a jury trial
In an affirmative defense:
the defendant admits to the facts claimed by the plaintiff, but offers additional facts
An interlocutory injunction is usually in force until
the defendant's attorney rescinds it
A preliminary injunction is usually in force until
the dispute is resolved
In Barabin v. AstenJohnson, where Barabin sued for damaged suffered from exposure to asbestos, the appeals court held that:
the expert for plaintiff Barabin failed to meet the standard of reliability, so there would be a new trial
If the loser of an arbitration decision is an international cotton contract dispute fails to follow the order of the arbitrator
the fact of failure to pay may be advertised to try to discourage dealing with that party
The length of witness examinations is controlled by:
the judge
According to the Supreme Court, a case may be ended by summary judgment if:
the judge rejects critical expert witness testimony as not credible
Res judicata with reference to arbitration means
the judgment is final
Before issuing a preliminary or interlocutory injunction a court considers the following factors
the parties relative likelihood of success of the merits the likelihood that the plaintiff will suffer an irreparable injury if the injunction is not granted the balance of the equities the public interest (all correct)**
Voir dire is:
the process used to select jury memebers
Arbitrations are guided by
the rules of the relevant arbitration association
After completion of the discovery process the case is ready:
to go to trial
Almost nothing said in a negotiation may be
used in a court case if the negotiation fails
The screening process used to select jury members is called:
vior dire
Mediation is
voluntary & a way for the plaintiff to reduce attorney costs
A party receiving written interrogatories prepares answers
with an attorneys help if desired
A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a
writ of execution
Request for admissions are
written requests for an admission of the truth in the matters relating to the dispute