Deck 4: Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

Question 1

Voir dire is the process of screening prospective jurors.

Answer 1

True

Question 2

A motion to dismiss must be filed before an answer is filed.

Answer 2

False

Question 3

Interrogatories must be answered in writing and under oath.

Answer 3

True

Question 4

Specific performance is an equitable remedy.

Question 5

Depositions are generally taken in the courtroom.

Question 6

The plaintiff is the only party in a suit who can counterclaim.

Question 7

Work product is discoverable.

Question 8

A default is entered when the defendant counterclaims.

Question 9

Statutes of limitations are always four years.

Question 10

A motion for judgment on the pleadings is the same as a motion for summary judgment.

Question 11

The summons is the same document as the complaint.

Question 12

A motion for summary judgment is appropriate only if there are no issues of fact.

Question 13

Injunctions are equitable remedies.

Question 14

Every trial requires a jury.

Question 15

To be valid,a complaint must have every fact listed in it.

Question 16

The complaint and answer are both pleadings.

Question 17

A complaint must establish subject matter jurisdiction.

Question 18

A lawsuit begins with the filing of a complaint or petition.

Question 19

Venue is the subject matter jurisdiction of a court.

Question 20

A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees.

Question 21

For evidentiary purposes,accountants' work product and attorneys' work product are treated the same.

Question 22

Rent-a-judge facilities are private operations.

Question 23

Interrogatories are given under oath.

Question 24

A hung jury requires a retrial of the case.

Question 25

Jury instructions explain to jurors how to elect a foreman.

Question 26

All hearsay is inadmissible as evidence.

Question 27

A peremptory challenge is a challenge for cause.

Question 28

Summary jury trials offer the perspective of a jury with a shortened version of the case.

Question 29

The results of mediation are generally binding.

Question 30

A mini-trial is a public method of dispute resolution.

Question 31

If a judge grants a motion for a judgment NOV,the effect is a reversal of the jury verdict.

Question 32

In arbitration,the parties each have two arbitrators on the arbitration panel.

Question 33

Arbitration proceedings have less stringent evidentiary standards than trials.

Question 34

The results of an arbitration hearing arerecorded publicly.

Question 35

There is an absolute right to a jury trial in civil cases.

Question 36

In mediation,the disputing parties use a third party as a go-between to facilitate negotiations.

Question 37

During the plaintiff's case,the defendant conducts direct examination.

Question 38

Early neutral evaluation is a means of alternative dispute resolution used prior to discovery.

Question 39

A prima facie case is one that can survive a directed verdict.

Question 40

The effect of a counterclaim is to have the defendant also suing the plaintiff.

Question 41

A summons is served on a defendant and a subpoena is served on a witness.

Question 42

Medarb is a combination of a trial and mediation.

Question 43

Jury consultants are used before,during,and after trial.

Question 44

Arbitration is not allowed when federal statutory rights are involved.

Question 45

The International Chamber of Commerce (ICC)is a private court.

Question 46

A deposition can be used at trial.

Question 47

Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in litigation.

Question 48

In some states,unanimous jury verdicts are not required.

Question 49

Junk science can be excluded from evidence at trial.

Question 50

Under the new discovery rules,work product must also be turned over to the other parties in a case.

Question 51

Instructions for the jury are given by the lawyers in the case during their closing arguments.

Question 52

The new discovery rules require lawyers and the parties to voluntarily disclose relevant information at the beginning of the discovery process.

Question 53

There are constitutional and numerical limits on peremptory challenges.

Question 54

A directed verdict can occur immediately after the pleadings are filed.

Question 55

The results of a minitrial are always binding.

Question 56

E-mail cannot be obtained during discovery.

Question 57

A motion for a judgment NOV is heard by a court of appeals.

Question 58

The parties select the arbitrator for arbitration.

Question 59

Rent-a-judge hearings are private hearings arranged by the parties to a dispute.

Question 60

The Federal Arbitration Act (FAA)permits mandatory arbitration in consumer contracts but has yet to be tested in litigation.

Question 61

A counterclaim is:

A)made by a defendant.
B)part of the complaint.
C)part of the interrogatories.
D)none of the above

Question 62

Which of the following is not a form of discovery?

A)interrogatories
B)requests for admissions
C)pretrial conference
D)depositions
E)All of the above are forms of discovery.

Question 63

Which of the following is not included in a complaint?

A)statement of subject matter jurisdiction
B)request for damages
C)statement of venue
D)a counterclaim
E)none of the above

Question 64

Which of the following is a true statement about depositions?

A)They are generally held in a courtroom.
B)They are not taken under oath.
C)They must be preceded by interrogatories.
D)none of the above

Question 65

A motion for summary judgment is:

A)granted only if there are no factual issues.
B)appropriate if there are no issues of law.
C)decided by a jury.
D)none of the above

Question 66

Mandatory arbitration is unconstitutional.

Question 67

Which of the following would not be discoverable in a contract suit requesting lost profits as damages?

A)income tax returns of the business
B)orders of merchandise
C)expense records
D)work product

Question 68

Which of the following is not a form of equitable relief?

A)injunction
B)money damages
C)specific performance
D)rescission of a contract
E)All of the above are forms of equitable relief.

Question 69

An arbitration clause that requires a consumer to travel to another state for the arbitration hearing is void.

Question 70

Which of the following is the first document filed in a lawsuit?

A)complaint
B)answer
C)pleadings
D)none of the above

Question 71

The results of an arbitration hearing aregenerally binding.

Question 72

A default results when:

A)the plaintiff fails to serve a summons.
B)the defendant fails to file an answer in a timely fashion.
C)a counterclaim is filed.
D)none of the above

Question 73

Spoilation is the destruction of evidence that is needed in a case.

Question 74

The Consumer Financial Protection Bureau (CFPB)has proposed eliminating mandatory arbitration in consumer credit contracts.​

Question 75

The rules of the AAA require the parties to be represented by an attorney.

Question 76

In general it is okay for jurors to perform internet research concerning the case they are involved in during the case.

Question 77

Requests for production are used to obtain documents and physical evidence during discovery​.

Question 78

Which of the following accurately describes a summons?

A)initial document filed in a suit
B)served on the defendant
C)need not be served so long as it is filed
D)none of the above

Question 79

The litigation between Chapterhouse and Games Workshop:

A)was dismissed.
B)had to be handled in England.
C)was an example of pro bono legal work.
D)is still pending.

Question 80

It is quite common for courts to overturn an arbitration award.