Deck 5: Resolving Disputes: Litigation and Alternative Dispute Resolution

Question 1

After 14 days of deliberations, a jury still cannot reach a verdict. That jury is called a(n)

A) Hung jury
B) Indecisive jury
C) Impasse jury
D) Void jury

Answer 1

Hung jury

Question 2

Nick, gets sued by his roommate for "stealing" his peanut butter ice cream. At trial, Nick presents evidence of a picture of the tub of ice cream still in the freezer at his apartment, unopened. That evidence is called

A) Incuplatory evidence
B) Exculpatory evidence
C) Exclusionary evidence
D) Inclusionary evidence

Answer 2

Exculpatory evidence

Question 3

Sherry, a professional photographer, sues Brett for breach of contract when he failed to pay her for pictures that she took for him. In which type of court of law would she file the cause of action for breach of contract?

A) Civil
B) Criminal
C) Equitable
D) Chancery

Answer 3

Civil

Question 4

Jill takes her poodle, Gia to the Poodle Pedicure Palace to have her nails trimmed. While there, they mistakenly shave all of Gia's hair off, leaving poor Gia bald and cold. All of the following are true except

A) Jill could sue in civil court for monetary damages
B) Jill could file a suit in the criminal court
C) Jill could enter into voluntary mediation
D) Jill could settle with the business without a lawsuit

Question 5

Cristine observes two cars in a car accident. She is traumatized and files a lawsuit for emotional distress against the person who was at fault and caused the accident. Does Crisitine have authority to bring suit?

A) Yes because she suffered a harm because of someone's wrongful conduct
B) Yes because the harm she suffered was concrete
C) No because in order to have standing the injury a person suffers must be direct, concrete and individualized to Cristine
D) No because Cristine is being overly sensitive

Question 6

Freebird Tire Company sold millions of faulty tires to SUV owners. At high rates of speed, the tread on the tires falls off and causes the SUV to rollover, resulting in several deaths and injuries due to such accidents. Since there are many plaintiffs and only one defendant, this type of lawsuit may be filed

A) Class Action lawsuit
B) Mass Tort litigation
C) Toxic Tort litigation
D) Civil Action lawsuit

Question 7

When a party to a lawsuit for breach of contract files pleadings, they must conform to which set of rules?

A) The Federal Rules of Evidence
B) The Federal Rules of Contracts
C) The Rules of Civil Procedure
D) The Rules of Civil Litigation

Question 8

Which document initiates a lawsuit?

A) A complaint
B) A response
C) A brief
D) A memorandum of law

Question 9

A __________ is served to the defendant along with the complaint as formal notification that he is being sued with instructions to answer the complaint.

A) Warrant
B) Interrogatory
C) Motion
D) Summons

Question 10

When serving a defendant a complaint and summons,

A) The plaintiff must directly serve the defendant
B) The plaintiff chooses the method of service
C) The court rules and procedures determine how the complaint must be served
D) The chief judge of the jurisdiction will delegate service

Question 11

Generally, once a complaint is served,

A) The plaintiff must answer it within 20 days
B) The defendant must answer it within the time proscribed by court rules
C) The defendant must answer it within a reasonable time
D) The plaintiff may them immediately move for a default judgment

Question 12

Rachel is served a complaint and summons. She is busy and forgets to answer the complaint within the timeframe listed on the summons. The plaintiff may

A) Request a default judgement
B) File a motion to compel
C) File motion for production of document
D) Proceed to trial without the defendant present

Question 13

Adam backs his car into Micah's car, causing substantial damage. Enraged, Micah jumps out of his car and physically attacks him. Micah sues Adam for the damage he caused to his car. Adam files an answer to Micah's complaint with a __________ in which Adam also sues Micah for the damages he caused him that arose out of the same incident.

A) Counterclaim
B) Cross-claim
C) Affirmative defense
D) Pendant claim

Question 14

Laura drives a delivery truck for Aubrey's Antiques. Due to faulty brakes on the delivery truck, Laura is unable to stop the truck and drives right through the front room of the customer's house. The customer sues Laura. Laura files a(n) __________ against Aubrey's Antiques as she feels that they are to blame for this accident.

A) Counterclaim
B) Cross-claim
C) Affirmative defense
D) Pendant claim

Question 15

A cross-claim brings into a lawsuit a(n)

A) Indispensable party
B) Integral party
C) Involuntary party
D) Interested party

Question 16

Evelynn files a lawsuit against Gabrielle for breach of contract in the family court division of the state court. Since clearly, the family court lacks subject matter jurisdiction over a breach of contract. Which type of motion should Gabrielle file?

A) Motion to compel
B) Motion for summary judgment
C) Motion to dismiss
D) Motion for mistrial

Question 17

George files a motion for production of documents, to retrieve medical documents during discovery in a lawsuit filed by Cindy wherein she claims injury because George bumped the back of her car. She ignores the request. What can George do procedurally?

A) File a motion to compel
B) File a motion for a default judgment
C) Hire a private investigator to take her medical documents
D) Nothing as discovery is optional

Question 18

During a murder trial, it is discovered that the father of the defendant is funneling money to several of the jurors. Upon discovery of this what motion should be filed?

A) Motion to compel
B) Motion for summary judgment
C) Motion to dismiss for mistrial
D) Motion to sanction

Question 19

In Hernandez v. Yellow Transportation, where an employee sued for racial discrimination at work, the court ruled that the lower court's granting of Summary Judgment was

A) Incorrect as there was a question of fact as to whether the harassment actually took place.
B) Correct because the plaintiff failed to establish that the harassment he received was based on his race.
C) Correct because the actions of the employer and employees was so outrageous no reasonable person should have to endure it.
D) Incorrect because the appellate court found new evidence that indicated there were questions of facts and law that needed to be addressed.

Question 20

Sally ate dinner at Ryan's BBQ and was injured when she was hit over the head by an employee who did not like her. She sues Ryan's BBQ for her injuries. Before a trial, Sally, the plaintiff, seeks a statement by the manager of the restaurant she is suing stating who was working at the same time she allegedly was injured at the restaurant. This type method of discovery is called

A) A request for production of document
B) A request for admission against party interests
C) A request for admission
D) A request for inspection

Question 21

If a person is called to serve for jury duty, before that person will be selected to actually sit on a jury during a trial, that potential juror must go through a process of juror questioning called

A) Guardian ad litem
B) Respondeat superior
C) Proffering
D) Voir dire

Question 22

The burden of proof required in a civil trial is preponderance of the evidence which means

A) The jury unanimously agree that the defendant is liable
B) The jury determines is it more likely than not that the defendant is liable
C) The jury determines there is no reasonable doubt that the defendant is liable
D) The jury finds there is no doubt that the defendant is liable

Question 23

During an arbitration proceeding, which statement is true?

A) All the rules of evidence govern the proceedings
B) All the rules of discovery govern the proceedings
C) There is no discovery and rules of evidence do not apply
D) The arbitrator's ruling is always binding on the parties

Question 24

According to the FAA, decisions of an arbitrator may be overruled for all of the reasons listed below except

A) The arbitration was corrupt and full of fraud
B) The arbitrator admitted several times that he despised one party and wanted to get even
C) The arbitrator allowed only one side to present evidence and then made his decision
D) One of the parties did not like the outcome of the arbitration

Question 25

In the "deflategate" case involving Tom Brady, National Football League Management Council v. Brady, the court ruled that the union negotiated arbitration award

A) Was enforceable because the arbitration proceeding and award met the minimum legal standards.
B) Was not enforceable because a collective bargaining agreement cannot require arbitration for its members.
C) Was enforceable because the court determined it was exactly what it would have done given the same set of facts.
D) Was not enforceable because arbitrations are never binding.