Deck 3: Trials and Resolving Disputes

Question 1

The U.S. judicial system is considered to be "jointly cooperative."

Answer 1

False

Question 2

Service of process of a lawsuit usually consists of a summons.

Answer 2

True

Question 3

If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff, the defendant may still be able to get the case dismissed for failure to state a claim.

Answer 3

True

Question 4

The first of the pleadings is known as "a claim."

Question 5

The defendant has the right to move a suit to the court "of greatest convenience."

Question 6

When a plaintiff files a lawsuit, the bailiff is responsible for service of process to the defendant.

Question 7

When the plaintiff files a case, the pleadings must include a summary of the major evidence that supports the claims.

Question 8

Following the service of plaintiff's complaint, even if the claims are complete nonsense, the defendant must file a responsive pleading.

Question 9

The U.S. judicial system is considered to be "adversarial."

Question 10

When a plaintiff files an action against a defendant, it is called the notification.

Question 11

Service of process is said to be complete when the clerk of the court schedules a case for trial.

Question 12

A court may dismiss a case because, even if the statements made by the plaintiff are true, there is no legal remedy for the events that happened.

Question 13

If a court does not have jurisdiction over the subject matter of a case, the defendant may file a motion to dismiss the complaint.

Question 14

When a plaintiff files an action against a defendant, it is called the complaint.

Question 15

If a defendant does not respond to a case filed by a plaintiff, the plaintiff wins.

Question 16

The first of the pleadings is known as an answer.

Question 17

If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's case dismissed.

Question 18

When the plaintiff first files a case, the pleadings include a remedy being sought by the plaintiff.

Question 19

The plaintiff selects the court in which to file an action against a defendant.

Question 20

Defendant's motion to dismiss for failure to state a claim (demurrer) is used when there is a technical error in plaintiff's lawsuit, such as the case being filed in the wrong court. Such motions do not concern the adequacy of the claim itself.

Question 21

Most discovery occurs during courtroom proceedings.

Question 22

The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that evidence was exclusively developed by the party who has it.

Question 23

Unlike the original complaint by the plaintiff, any claims made by defendant against the plaintiff do not require an answer by the plaintiff.

Question 24

After pleadings, litigation enters the discovery stage.

Question 25

The general rule is that a party may refuse to provide documents or other evidence if the party believes the request to be irrelevant.

Question 26

A motion to dismiss is called a demurrer in some courts.

Question 27

If a defendant files a claim against the plaintiff, the plaintiff must respond to that claim.

Question 28

The general rule is that one does not have to produce evidence for the opposing party if to do so is "unduly burdensome."

Question 29

If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has what is called a negative defense.

Question 30

A purpose of discovery is to allow parties to develop arguments for courtroom use that the other side will not have thought about.

Question 31

The plaintiff's answer to a defendant's counterclaim is known as a counter-counterclaim.

Question 32

The process of discovery before trial encourages settlement of cases.

Question 33

If a plaintiff files suit against a defendant for something that happened five years ago and there is a three year statute of limitation in which to bring suit, the defendant has an affirmative defense.

Question 34

The discovery process gives both sides access to the information in the possession of the other side; there are few secrets.

Question 35

In most court systems, the close of the pleadings stage comes once the complaint is filed.

Question 36

An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

Question 37

The plaintiff's answer to claims made by the defendant against the plaintiff is known as a reply.

Question 38

In her answer, the defendant must admit or deny the allegations made by the plaintiff in the complaint.

Question 39

The discovery process often reduces the number of issues in a case.

Question 40

A principal discovery tool is the written deposition.

Question 41

In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that AstenJohnson could not use its employees as expert witnesses since there was an obvious conflict of interest.

Question 42

In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial.

Question 43

Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be required due to the constitutional right of privacy.

Question 44

If a physical exam is necessary to determine the extent of an injury to the plaintiff that is relevant to a case, the doctor used must be one approved by the plaintiff.

Question 45

When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance.

Question 46

If a party in litigation refuses to answer the depositions of the other party the court may find the party that refuses to answer in contempt of court.

Question 47

If a business is found to have records in such a mess that the other side of in a lawsuit cannot find documents it wants, the court may punish the messy party or even rule against it in the case.

Question 48

Interrogatories are written questions submitted by the opposing party.

Question 49

A request for admissions means parties agree to accept certain facts as true and not require them to be proven in court.

Question 50

A deposition is taken under oath; the party being questioned in a deposition may not talk to his attorney for advice.

Question 51

In Cooper Tire v. Mendez, involving a blown tire in a serious accident, the Texas high court held that because the expert witness for Mendez was not reliable, the verdict in his favor was thrown out and a verdict entered for Cooper.

Question 52

When expert testimony is critical to a case, but is excluded as unreliable, there is a right to a new trial with a new, credible witness.

Question 53

Information gathered at a deposition before trial may not be used as evidence at trial.

Question 54

A request for admission is when a party to a suit asks the other party, based on the evidence collected, to admit that it has no chance to win the suit.

Question 55

When giving answers to interrogatories, the witness may not leave the room to look up information.

Question 56

Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

Question 57

If a party requests sensitive documents, such as a trade secret, the order will not be granted unless the court remains in possession of the evidence at all times.

Question 58

A deposition is taken under oath; it allows attorneys from both sides to be present.

Question 59

When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness.

Question 60

Even if both parties admit the truthfulness of a fact related to a dispute, the fact still must still be proved by evidence in court.

Question 61

Corporate executives must personally appear to respond to all requests for depositions for their testimony.

Question 62

A motion for summary judgment is granted most often when the facts of the case are in dispute.

Question 63

Corporate executives must give testimony in court, whenever so requested, to answer questions about company policy and other matters.

Question 64

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

Question 65

One reason companies often settle suits out of court is to protect executives from taking time to give depositions on behalf of the company.

Question 66

Juries must always be used in federal courts in civil trials involving more than $20.

Question 67

A judge has the power to order a party to attend a pre-trial settlement conference, even if the party refuses to settle the case before trial.

Question 68

In the British legal system, there are two kinds of practicing lawyers, barristers and solicitors.

Question 69

A motion for summary judgment is granted most often when the facts of the case are such that one party cannot prevail.

Question 70

The Constitution requires the use of juries in all criminal cases.

Question 71

In the British legal system, most courtroom litigation is handled by lawyers called solicitors.

Question 72

If a party refuses to comply with the requests of the other side for evidence, the court may enter judgment in the case against the non-complying party.

Question 73

The Constitution guarantees a right to a jury trial in criminal cases.

Question 74

The purpose of a pretrial conference is for the judge to get to know the parties involved in the suit before it is tried.

Question 75

The U.S. Constitution guarantees a right to a jury trial in any state court in the U.S.

Question 76

A judge has the power to declare judgment in a case against a party that refuses to settle a case before trial.

Question 77

In the British Legal System judges tend to play a much more passive role; one reason for wearing a wig is to help make them seem even more remote to a jury and not influence proceedings.

Question 78

Judges often use the pretrial conference as a forum for encouraging settlements.

Question 79

If a witness, such as a company president, refuses to give a deposition that the court thinks is proper, then judgment may be entered against the company.

Question 80

At the end of the discovery process, either party may move for summary judgment in their favor in an effort to end the case at that point.