Deck 5: Litigation and Alternatives for Settling Civil Disputes

Question 1

The order in which the events of a civil trial occur is

A) verdict, charge to jury, testimony.
B) summons, jury selection, verdict.
C) pretrial procedures, summons, judgment.
D) complaint, verdict, pretrial procedures.

Answer 1

B

Question 2

Removal for cause is a device used to prevent a prospective juror who is biased from serving on a case.

Answer 2

True

Question 3

After a pretrial conference is held and the plaintiff and defendant do not settle, the case is dismissed by the judge.

Answer 3

False

Question 4

Most civil cases are settled before they go to trial.

Question 5

A civil jury in most states is now composed of at least twelve people.

Question 6

The appeals procedure in a civil case is simple and inexpensive.

Question 7

Interrogatories are:

A) sworn statements of witnesses
B) written questions directed to the adversary in a civil trial.
C) the same as a subpoena
D) statements used by the defendant's attorney to show that the plaintiff is being

Question 8

Jurors selected to serve on a civil trial jury are called grand jurors.

Question 9

Once a party to a lawsuit "wins" the case, the "winning" party will have very little difficulty in collecting the amount of damages awarded by the jury.

Question 10

The plaintiff in a civil lawsuit is the

A) state.
B) attorney for the person injured.
C) person injured.
D) person being sued.

Question 11

The qualifications of potential jurors are determined through a process called voir dire.

Question 12

A major reason for finding alternatives to a lawsuit is that the person you are thinking of suing may be judgment proof.

Question 13

The statement made by the judge to the jury before jury members retire to the jury room to discuss the case is called the judgment.

Question 14

If a person feels that he or she has been injured by the actions of someone else, he or she may start a court action against that person to obtain relief by filing a

A) complaint.
B) judgment.
C) subpoena.
D) summons.

Question 15

The first papers served in a civil action are

A) the complaint and summons.
B) a summons and answer.
C) a complaint and answer.
D) a deposition and subpoena.

Question 16

All cases must be tried before a jury.

Question 17

To bring a witness into court, he or she must be served with a summons.

Question 18

One form of discovery technique is a default judgment.

Question 19

The plaintiff in a civil action is the state or federal government acting for the person bringing the lawsuit.

Question 20

In a civil lawsuit during a pretrial proceeding, if the defendant's attorney claims that the evidence is not sufficient to continue the case, she may make a motion for immediate judgment on the case.

Question 21

The determination of a controversy in an arbitration proceeding is called a(n)

A) decree.
B) judgment.
C) award.
D) decision.

Question 22

A subpoena is an order by the court served on

A) the attorney to produce the defendant in court.
B) a person to appear and testify as a witness in a legal action.
C) the warden of a jail to produce the prisoner in court.
D) a person to be examined for possible jury duty.

Question 23

A prospective juror may be dismissed arbitrarily without any reason being given if an attorney for one of the parties in a lawsuit exercises a

A) challenge for cause.
B) move for a mistrial.
C) default judgment.
D) peremptory challenge.

Question 24

The official decision of the jury entered into the court record is called the

A) verdict.
B) judgment.
C) deposition.
D) appeal.

Question 25

A pretrial step that allows a party involved in a lawsuit to obtain detailed information about the other party's claim or defense is called ____________________.

Question 26

A person who wishes to raise a defense against the party bringing a lawsuit against him or her may file a(n) ____________________ with the court.

Question 27

A pretrial device used to prevent surprises during the actual trial of a civil case is called

A) a notice of appearance.
B) a complaint.
C) a voir dire.
D) discovery.

Question 28

In a civil case, the plaintiff must establish the truth of his or her claim by

A) proving his or her facts beyond a reasonable doubt.
B) a preponderance of the evidence.
C) direct examination.
D) asking for a motion to dismiss.

Question 29

A legal written notice addressed to the defendant in a civil action indicating that a lawsuit has been filed and ordering him or her to appear in court to answer charges is called a

A) summons.
B) motion.
C) complaint.
D) deposition.

Question 30

An examination of jurors to determine their qualifications and suitability to serve is called the ____________________ examination.

Question 31

A failure of the defendant to acknowledge that he or she has received papers indicating that a legal action has been commenced against him or her gives the party initiating the legal action the right to a(n) ____________________ by default.

Question 32

The result of the jury's agreement in a civil case is known as the

A) judgment.
B) plea.
C) evidence.
D) verdict.

Question 33

Impaneling a jury means

A) dismissing a jury at the conclusion of the trial.
B) exempting jurors from jury duty.
C) selecting people to serve as jurors for a case set for trial.
D) notifying jurors at their homes that they have been called to serve as jurors.

Question 34

The term "adjudicated" means to

A) accuse.
B) decide a case judicially.
C) announce a jury's decision.
D) seize by power of the court.

Question 35

The initial questioning of a witness by the lawyer who called that witness is called

A) discovery.
B) direct examination.
C) mediation.
D) cross-examination.

Question 36

The questioning of a witness for the plaintiff by the attorney for the defendant is called

A) direct examination.
B) cross-examination.
C) indirect examination.
D) redirect examination.

Question 37

The principal purpose of cross-examination in a civil trial is to:

A) reveal defects in the testimony of a witness.
B) show that the witness is committing perjury.
C) compel the witness to admit his/her biases.
D) prove that the witness is incompetent to testify.

Question 38

In a civil action, the paper containing the defendant's statement of his or her defense is the

A) summons.
B) motion.
C) deposition.
D) answer.

Question 39

In personal injury lawsuits, attorneys are often paid a(n) ____________________ fee.

Question 40

The parties who select arbitration as a way to settle their dispute agree to

A) be bound by the decision of the arbitrator and not to challenge the award in court.
B) mediation if either one of the parties is not successful at arbitration.
C) challenge the arbitrator's award.
D) discovery procedures if the arbitrator cannot reach a decision.

Question 41

What should an attorney do before taking a case after his or her client describes in detail all the facts relating to the case?

Question 42

How has online dispute resolution changed the way dispute resolution is conducted?

Question 43

Many cases are settled after a(n) ____________________ conference is held.

Question 44

Friday failed to take seriously a lawsuit filed against him by Ranger. He completely ignored the papers describing the case and the request made by Ranger's attorney directing him to appear in court and answer the allegations made by Ranger. Because of Friday's course of action, Ranger's attorney entered the proper papers in court allowing the case to proceed on evidence presented by Ranger alone. Friday claims that this procedure by Ranger's attorney was improper, since he (Friday) was not given the opportunity to defend himself in court. Is Friday correct?

Question 45

A witness is willing to give evidence in court that would be helpful to one of the parties to a lawsuit. However, she lives in another state and is unable to attend the trial. How can her testimony be secured for evidence in the trial?

Question 46

A(n) ____________________ is a written record of a witness's sworn testimony outside of court.

Question 47

Once judgment is obtained, the "winning" party would be entitled to ____________________ damages.

Question 48

A person who uses ____________________ to resolve a dispute will meet with an impartial third person who assists in reaching a compromise.

Question 49

Legal proof presented during a trial to support a person's claim is called ____________________.

Question 50

In a civil case a person bringing a lawsuit must prove his case (in order to win) by a preponderance of evidence. What does preponderance of evidence mean?