Deck 4: Judicial, Alternative, Administrative, and E-Dispute Resolution

Question 1

The major pleadings are the trial complaint,the trial answer,the appellate complaint,and the appellate answer.

Answer 1

False

Question 2

Discovery serves several functions,including preventing surprises,allowing parties to thoroughly prepare for trial,preserving evidence,saving court time,and promoting the settlement of cases.

Answer 2

True

Question 3

The trial process can be divided into the following major phases: pleadings,discovery,dismissals and pretrial judgments,and settlement conference.

Answer 3

False

Question 4

The person giving a deposition is called the proponent.

Question 5

The bringing,maintaining,and defense of a lawsuit are generally referred to as precedent.

Question 6

A statute of limitations establishes the period during which a plaintiff must bring a lawsuit against a defendant.

Question 7

Due to evidentiary concerns of coercion,undue influence or duress,depositions cannot be videotaped.

Question 8

Depositions consist of oral questions answered orally and both parties and witnesses may be deposed.

Question 9

The first paper filed in a law suit is called the summons.

Question 10

The answer names the parties to the lawsuit,alleges the ultimate facts and law violated,and contains a "prayer for relief" for a remedy to be awarded by the court.

Question 11

A commons is a court order directing the defendant to appear in court and answer the complaint.

Question 12

If a default judgment is entered against the defendant,the plaintiff is not required to prove damages.

Question 13

If the defendant does not answer the complaint,a consent judgment is entered against him or her.

Question 14

E-filing of court documents is a growing phenomenon,and some courts have made e-filing mandatory.

Question 15

Expiration of the applicable statute of limitations period is an affirmative defense.

Question 16

Since a court reporter is necessary to transcribe deposition testimony,most depositions are taken in court.

Question 17

Interrogatory answers are not signed under oath.

Question 18

A defendant cannot assert affirmative defenses in an answer; instead,the defendant must assert affirmative defenses in a cross-complaint.

Question 19

The statute of limitations begins to "run" on the date the plaintiff files his or her complaint.

Question 20

Interrogatories consist of oral questions that are answered in writing and may only be asked of the parties.

Question 21

The defendant bears the burden of proof to persuade the trier of fact of the merits of the case.

Question 22

A motion for judgment on the pleadings alleges that if all the facts presented in the pleadings are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

Question 23

Jurors are sequestered in all superior court cases.

Question 24

In deciding a motion for judgment on the pleadings,the judge cannot consider any facts outside the pleadings.

Question 25

More than 90% of cases are settled prior to going to trial.

Question 26

When potential jurors are selected,their names are taken from tax lists,voter registration lists and automobile registration lists and the first 12 people on the compiled list are automatically impaneled.

Question 27

In terms of a request for production of documents,if the document sought are too voluminous to be moved or are in permanent storage,or if their movement would disrupt the ongoing business of the party who is to produce them,the requesting party may be required to examine the documents at the other party's premises.

Question 28

In general,a party must wait until the trial to find out the facts of the other party's case.

Question 29

Pursuant to the 5th Amendment to the United States Constitution,a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court.

Question 30

The legal process providing for a detailed pretrial procedure is called "case review."

Question 31

If either party requests a jury,the trial will be by jury.

Question 32

A motion for summary judgment asserts that there are no factual disputes to be decided by the jury and that the judge should apply the relevant law to the undisputed facts and decide the case.

Question 33

If a review of the pleadings shows that there is no factual dispute between the parties,the trial may be concluded with the filing of a motion for a judgment on the pleadings.

Question 34

If both parties waive their right to a jury,the trial will occur without a jury.

Question 35

Inquiries are written questions submitted by one party to a lawsuit to another party.

Question 36

A motion for judgment on the pleadings can be made by either party before the pleadings are complete.

Question 37

Since the plaintiff has the burden of proof in a civil case,only the plaintiff's attorney is allowed to make an opening statement to the jury.

Question 38

Due to concerns related to doctor-patient confidentiality,physical or mental examinations are not allowed as part of the discovery process.

Question 39

After the plaintiff's attorney has completed his or her questions,the defendant's attorney can question the witness.This is called direct examination.

Question 40

In opening statements,an attorney usually summarized the main factual and legal issues of the case and describes why he or she believes the client's position is valid.

Question 41

The defendant's case must rebut the plaintiff's evidence,prove any affirmative defenses asserted by the defendant,and prove any allegations contained in the defendants cross-complaint.

Question 42

Jury instructions are also known as trial briefs.

Question 43

The term voir dire refers to the process used to select the jury.

Question 44

The appealing party is known as the appellee.

Question 45

The judge sits as the trier of fact in nonjury trials.

Question 46

Appeals are made to courts with concurrent jurisdiction regarding the trial court.

Question 47

A reply brief is a report issued in direct response to questions posed by the judge prior to the appeal.

Question 48

For a trial to be conducted with a jury,both parties must request a jury trial.

Question 49

An appellate court will not reverse a finding of fact unless such finding is unsupported by the evidence or is contradicted by the evidence.

Question 50

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to refute the defendant's case.This is called a rebuttal.

Question 51

In rare occasions,an appellate court will overturn a jury verdict if the appellate court cannot,from the record of the trial court,find sufficient evidence to support the trier of fact's findings.

Question 52

A rebuttal is called to counter the opposing attorney's use of a rejoinder.

Question 53

Very few trial court decisions are reversed,because most findings of fact are supported by the evidence.

Question 54

The most common form of alternative dispute resolution is mediation.

Question 55

The appealing party is called the petitioner.

Question 56

Information given by the attorneys in their closing statements is evidence the trier of fact can use in reaching a verdict.

Question 57

The decision of a jury is known as a judgment.

Question 58

During cross-examination,the defendant's attorney can ask questions only about the subjects that were brought up during direct examination.

Question 59

For their rulings to be valid,arbitrators must be members of the American Arbitration Association.

Question 60

The final decision in a case is the judge's verdict.

Question 61

Proceedings before administrative law judges are conducted without a jury.

Question 62

In which of the following scenarios would a consolidation be appropriate?

A) Alan, a serial drunk driver, has three accidents in a five day period with three different victims
B) a bus crashes and 21 passengers are injured
C) students from three different departments in a college sue three different professors for sexual harassment
D) two plaintiffs claim economic harm and personal injury resulting from their use of two (2) similar products produced by competing companies
E) defendant airline is sued for two (2) plane crashes occurring within the same year

Question 63

The U.S.Congress enacted the Federal Arbitration Act to promote the arbitration of disputes.

Question 64

Which of the following are in the proper order from first to last filed?

A) complaint; reply; cross-complaint; answer
B) answer; complaint; reply; cross-complaint
C) complaint; cross-complaint; reply; answer
D) complaint; answer; cross-complaint; reply
E) reply; cross-complaint; answer; complaint

Question 65

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant,the court can ________ the cases into one case if doing so would not cause undue prejudice to the parties.

A) collaborate
B) consolidate
C) integrate
D) merge
E) disassociate

Question 66

An administrative law judge's decision is published in a pro forma decree.

Question 67

Interpretive rules issued by an administrative agency are intended to create new law.

Question 68

Both mediation and conciliation make use of a neutral third party to decide a dispute.

Question 69

Substantive rules issued by an administrative agency are subject to judicial review.

Question 70

A ________ is a court order directing the defendant to appear in court and answer the complaint.

A) directive
B) decree
C) proclamation
D) summons
E) warrant

Question 71

When a person or organization petitions the court to become a party to a lawsuit between other because they have an interest in the lawsuit,this is called:

A) intervention.
B) involvement.
C) interdiction.
D) intercession.
E) intrusion.

Question 72

What is the chronological order for the major phases of the pretrial litigation process?

A) pleadings, discovery, dismissals and pretrial judgments, settlement conference
B) discovery, pleadings, settlement conference, dismissals and pretrial judgments
C) dismissals and pretrial judgments, pleadings, discovery, settlement conference
D) settlement conference, pleadings, discovery, dismissals and pretrial judgments
E) pleadings, settlement conference, dismissals and pretrial judgments, discovery

Question 73

In connection with the pleadings in a lawsuit,what is an answer?

A) the response of the defendant to questions posed by the judge
B) the response of the plaintiff to questions posed by the judge
C) the response of the defendant to the plaintiff's complaint
D) the response of the judge to the plaintiff's complaint
E) the responses of the plaintiff to questions posed by the judge

Question 74

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff in addition to an answer.

A) interpleader action
B) declaratory judgment
C) cross-complaint
D) motion for summary judgment
E) motion for judgment on the pleadings

Question 75

Administrative agencies may be created by federal,state and local governments.

Question 76

An arbitrator's decision is generally known as a judgment.

Question 77

Judges have always accepted and recognized the value and legality of arbitration agreements.

Question 78

Parties often agree in advance to be bound by an arbitrator's decision and remedy.This is called formal arbitration.

Question 79

Which of the following pleadings could typically be filed by a defendant in a lawsuit?

A) answer and complaint
B) complaint and cross-complaint
C) motion to intervene and complaint
D) answer and cross-complaint
E) cross-complaint and reply

Question 80

If the defendant does not answer the complaint,a(n)________ is entered against him or her.

A) summons
B) arrest warrant
C) search warrant
D) default judgment
E) proclamation