Deck 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

Question 1

In some special types of cases such as divorce,the defendant is instead called a .

Answer 1

respondent

Question 2

Scoop Masters Inc.has been charged by Fab Flavors Corp.with stealing Fab Flavors' patented process for making ice cream.Fab Flavors' attorney speaks with the company's president and creates a written memorandum of their discussion.During discovery,Fab Flavors must provide the written memorandum to Scoop Masters.

Answer 2

False

Question 3

A plaintiff must file a lawsuit within a certain time limit called the .

Answer 3

statute of limitations

Question 4

Albert has sued Tina and received a judgment for $50,000.Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.

Question 5

Counterclaims are filed by the plaintiff in civil matters.

Question 6

A is a document filed by one party that requests court action in a matter pertaining to the litigation.

Question 7

When a dispute arises between two parties,one party will typically make an informal on the other party prior to initiating a lawsuit.

Question 8

A summons is a court order compelling a person to testify or produce evidence in his or her possession.

Question 9

Evidence that proves innocence or nonliability is called evidence.

Question 10

Transcripts of ADR proceedings are required to be available to the public.

Question 11

At trial,the judge decides the facts and the jury decides the law.

Question 12

The discussions by the jury in a closed room while they attempt to reach a verdict are called
.

Question 13

The document served on a defendant along with the complaint that provides actual notice of the lawsuit is called a .

Question 14

Questions asked by an attorney of witnesses whom he or she has called to testify are called a cross-examination.

Question 15

A trial without a jury is called a trial.

Question 16

Once the defendant is served with the complaint,she must either file a motion to dismiss or provide a formal to the complaint.

Question 17

A jury that cannot agree on a verdict is called a jury.

Question 18

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

Question 19

Judges must be present during depositions to resolve disputes and ensure fairness.

Question 20

When the judge issues the jury instructions,the judge is said to be charging the jury.

Question 21

The primary difference between arbitration and other forms of ADR is that arbitration is quicker.

Question 22

The term litigation refers to the trial but does not include pretrial events as well.

Question 23

The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.

Question 24

In the typical business context,ADR is invoked either via contract or by mutual agreement.

Question 25

Liana and Sabine had a motor vehicle accident,and Sabine has sued Liana claiming severe back injuries.If Liana wants to obtain a copy of Sabine's doctor and hospital reports,she should serve a request for admissions to Sabine.

Question 26

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence,while in federal trial court the standard of proof is beyond a reasonable doubt.

Question 27

For the courts to allow a lawsuit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Question 28

Generally,everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.

Question 29

Legally mandated arbitration is nonbinding arbitration.

Question 30

A potential juror who worked with a litigant may likely be disqualified as a juror based on a challenge for cause.

Question 31

LaMonte has sued Jarod and received judgment in the amount of $24,000.LaMonte is a judgment creditor.

Question 32

Each stage of litigation is separate and distinct,and each must be completed before the next stage may be started.

Question 33

Arbitration can at times be legally mandated,but mediation is entered into only on a voluntary basis.

Question 34

In National Football League Management Council v.Brady,the appellate court overturned the arbitrator's ruling because football player Tom Brady had not been provided adequate notice that suspension was within the League's range of punishments.

Question 35

The Federal Arbitration Act enumerates specific procedures for conducting arbitration hearings.

Question 36

Congress has endorsed the use of arbitration as the preferred dispute resolution method in matters governed by federal law.

Question 37

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Question 38

The American Arbitration Association provides mediation services as well as arbitration services.

Question 39

A motion for a summary judgment may be filed by either the plaintiff or the defendant.

Question 40

Med-arb is a form of ADR in which both a mediator and an arbitrator work simultaneously with the disputing parties to resolve differences.

Question 41

A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a
A) motion for a judgment as a matter of law.

A) motion for summary judgment.
B) motion to dismiss for mistrial.
D) motion to dismiss.

Question 42

In the civil system,the term litigation refers to
A) both the pretrial and the trial.

A) matters that occur prior to the trial.
B) the trial itself.
D) posttrial enforcement of judgments.

Question 43

The number of civil cases filed annually in state and federal courts combined exceeds

A) 2 million.
B) 10 million.
C) 20 thousand.
D) 30 million.

Question 44

Depositions are

A) oral questions, answered orally, asked of parties and witnesses.
B) oral questions, answered orally, asked only of parties.
C) written questions, answered in writing, asked of parties and witnesses.
D) written questions, answered in writing, asked only of parties.

Question 45

Which of the following is not required in order to show standing to assert a claim?

A) The party must have suffered an injury in fact.
B) The party must be a citizen or taxpayer eligible to use the U.S. court system.
C) The party must suffer harm that is direct, concrete, and individualized.
D) The party must articulate what legal redress exists to compensate for the injury.

Question 46

Fredrich is a student in your class and is frequently disruptive.Your professor has asked him to stop talking four times and to stop texting three times just in today's class.Finally,your professor asks him to leave,and when Fredrich says,"Make me," your professor loses it and knocks him out with a right cross to the jaw.Fredrich is now suing your professor for civil battery.Both sides believe that you can provide valuable information for their sides.Which discovery method should they use to get your information?

A) A deposition.
B) An interrogatory.
C) A request that you write down your recollection so that they can file for a request for production to obtain your statement.
D) A request that you make an admission.

Question 47

In Bridgestone Americas Holding,Inc.,v.Mayberry,the court had to determine if Bridgestone's trade secret for a particular formula was discoverable.The court decided that

A) whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed.
B) because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable.
C) the trade secret formula was not discoverable because the case could be proved by the tire's appearance, and disclosure of the trade secret formula was therefore not pertinent.
D) if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition.

Question 48

Myron has sued Kalinka for injuries received in a traffic accident.If Kalinka fails to respond to the complaint and summons within the proper time limit,

A) Myron wins based on a summary judgment.
B) Myron wins based on a default judgment.
C) Myron wins based on a judgment as a matter of law.
D) Nothing happens-Kalinka is not required to respond to a complaint and summons.

Question 49

Who,among the following,is not present during a pretrial conference?
A) the court reporter

A) the judge
B) the parties
D) the parties' attorneys

Question 50

Voir dire

A) is a form of discovery.
B) is the process of choosing a jury.
C) is a motion made after trial seeking an appeal.
D) is the process of notifying a defendant that he or she has been sued.

Question 51

Alden is stopped at a traffic light when Bianca's automobile crashes into him.He sues her for negligence.At trial,Alden produces evidence that Bianca had a blood alcohol level of 1.3,that she was texting at the time of the accident,and that she was not wearing her prescription glasses when she rear-ended him.This type of evidence produced by Alden is called
A) exculpatory evidence.

A) inculpatory evidence.
B) summary evidence.
D) direct evidence.

Question 52

Avril hires Corinne to landscape her yard.They agree on a price,agree on the types and colors of the plantings,and agree on the start date.When Corinne shows up on the agreed date,Avril refuses to allow her to begin work.Corinne sues Avril for breach of contract.At trial,Avril produces the contract,which states that the plants were to be a mixture of red,white,and blue and were to be between 12 inches and 18 inches in height.She then produces pictures to show that Corinne had arrived with only purple and yellow plants that were 6 to 8 inches high.This type of evidence produced by Avril would be called
A) exculpatory evidence.

A) inculpatory evidence.
B) summary evidence.
D) production evidence.

Question 53

If a civil trial results in a hung jury

A) the plaintiff wins.
B) the defendant wins.
C) the litigants must start the process over and conduct a trial with a new jury.
D) this will be grounds for an automatic appeal, and the appellate court will render a final decision.

Question 54

The filing of the complaint begins which stage of litigation?

A) the pleadings
B) discovery
C) voir dire
D) the trial

Question 55

Which of the following is not true of ADR proceedings?

A) The jury decision in an ADR proceeding is automatically subject to one appeal.
B) The individual conducting the ADR hearing is chosen by the disputing parties themselves in certain instances.
C) ADR hearings generally result in much less publicity than does litigation.
D) ADR hearings usually arrive at a resolution at a much lower cost than does litigation.

Question 56

Which of the following statements is true about jury trials?

A) A juror may be disqualified for any reason.
B) A potential juror may be removed if he or she demonstrates an obvious bias against one of the litigants.
C) Attorneys charge the jury by giving them instructions on how to work through the evidence and come to a factual decision in the case.
D) The judge is present to assist the jury in deliberations.

Question 57

During the pleadings stage,a third party may be brought into the trial by a defendant by filing
A) a cross-claim.

A) a supplementary answer.
B) a counterclaim.
D) an additional complaint.

Question 58

Binding arbitration means that

A) the parties had previously agreed that arbitration would be utilized, rather than litigation, should a dispute arise.
B) the rules of the hearing will be strict in terms of number of witnesses called, duration of the hearing itself, and whether attorneys can be present.
C) the decision of the arbitrator will be final unless the parties agree to reopen the case.
D) the decision of the arbitrator will be final and the parties are barred from agreeing to reopen the case.

Question 59

Each of the following is a pretrial motion except a motion .
A) to dismiss for mistrial.

A) to dismiss.
B) to compel discovery.
D) for summary judgment.

Question 60

A complaint will contain each of the following except

A) a statement of the plaintiff's version of the facts of the case.
B) a statement of the damages suffered.
C) a statement of why the plaintiff believes the defendant is guilty.
D) a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.

Question 61

Which of the following persons would not attend a pretrial conference?
A) The attorneys for the parties.

A) The plaintiff.
B) The judge.
D) The court reporter.

Question 62

From first to last,which of the following trial stages are in the correct order?

A) pretrial conference; pleadings; discovery; deliberations
B) pleadings; discovery; deliberations; jury selection
C) discovery; jury selection; deliberations; charging the jury
D) pleadings; discovery; pretrial conference; jury selection

Question 63

Discuss the potential advantages of ADR over litigation.

Question 64

In American Express v.Italian Colors Restaurant,American Express (Amex)entered into agreements with Italian Colors Restaurant and other merchants that accept American Express credit cards.The agreement required that all disputes be settled through arbitration and prohibited class actions.The merchants filed a class action antitrust claim against Amex,arguing that they should be allowed to bring the claim as a class because the cost of expert analysis to prove the case exceeded the maximum recovery available to an individual merchant plaintiff.How did the U.S.Supreme Court decide?

A) The Court ruled for the merchants because not allowing the case would frustrate the purpose of having antitrust laws.
B) The Court ruled in favor of Amex, holding that the Federal Arbitration Act (FAA) does not permit courts to invalidate a contract based solely on the grounds that a plaintiff's dispute resolution costs exceed any potential amounts to be recovered. The Court concluded that the FAA reflects the overarching principle that arbitration is a matter of contract and that courts had a responsibility to rigorously enforce arbitration agreements according to their terms.
C) The Court ruled for the merchants because the waiver of class arbitration was not voluntary.
D) The Court ruled for Amex, holding that it did not violate antitrust laws.

Question 65

Jonah wants to sue his business partner for violating their partnership agreement.Explain the potential benefits and risks of pursuing negotiation as a dispute resolution method.

Question 66

The last time an attorney addresses a jury is during the

A) closing argument.
B) jury instructions.
C) deliberations.
D) making of a motion for a judgment as a matter of law.

Question 67

You have just graduated and have started your own business.You will be providing goods and services to the general public,and you are concerned about potential legal exposure and resultant costs of litigation.You'd like to add a mandatory arbitration clause to all of your contracts.Is a mandatory arbitration clause legal and valid,and if so,what concerns must you consider in constructing this clause?

Question 68

What is a pretrial conference,when does it occur,and what are its purposes?

Question 69

After a complaint is filed,the complaint and summons are served on the defendant.What is the summons,and what constitutional mandate does service of the complaint and summons satisfy?

Question 70

When and why would a defendant file a cross-claim,and when would a defendant file a counterclaim?

Question 71

To successfully pursue a lawsuit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

Question 72

Lois is a reporter for the school newspaper and generally writes satirical articles spoofing students,faculty,and school policy.Professor Mackey fails to find the humor in Lois's portrayal of her as a leftover 1960s hippie in one particular article and sues Lois for defamation.In fact,Professor Mackey is a modern woman with a degree in sociology and has written extensively on American culture in the 1960s and 70s.She did attend Woodstock,still listens to Led Zeppelin,and still occasionally wears tie-dyed T-shirts when not professionally dressed.The state trial court finds for Professor Mackey,and the jury awards her $10 million.Is there anything that Lois can do besides filing an appeal?

Question 73

When the American Arbitration Association receives an application for appointment of an arbitrator,it

A) meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
B) meets with attorneys from both sides to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
C) receives a list of suggested arbitrators from both parties and then selects the arbitrator, who informs the parties of the procedures and rules of arbitration.
D) appoints a tribunal administrator, who informs the parties of the procedures and rules of arbitration.

Question 74

Bronwyn sues her former employer for discrimination.Which of the following information is generally not discoverable during litigation?

A) The notes of Bronwyn's attorney.
B) E-mails between Bronwyn and her former supervisor.
C) Bronwyn's personnel file.
D) The employer's rules and policies.

Question 75

Wanda has graduated from Community University (CU)and after nine months has failed to find a job.She graduated with a degree in business,and her college was AACSB accredited.(AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.)In her complaint,she alleges that four years of school and tuition should guarantee a job in the field of study and states that she wants her money back.At no time did CU guarantee job placement,either through express or implied statements.Wanda does not disagree with this but still thinks that she was wronged and that it is unfair to graduate and not get a job automatically.CU will be successful in extinguishing Wanda's lawsuit if its attorney files a

A) motion to dismiss because Wanda does not have standing.
B) motion for summary judgment.
C) motion to dismiss for mistrial.
D) motion for a judgment as a matter of law.

Question 76

Which of the following is categorized as informal ADR?

A) negotiation
B) mediation
C) arbitration
D) med-arb

Question 77

Kortney is stopped at a red light when her car is run into from behind by Melin.This occurred at noon on a clear and sunny day on a dry road.Kortney claims a serious back injury and is suing for various forms of damages.There were three witnesses to the accident.With regard to discovery methods,which form of discovery would be most appropriate in each of the following situations? Fully explain.

Question 78

Which of the following does not result in a decision rendered by a third party?
A) arbitration

A) summary jury trial
B) mediation
D) expert evaluation

Question 79

Name the four grounds identified in the Federal Arbitration Act by which a court may set aside the award of an arbitrator.

Question 80

JR Winery grows grapes and produces wine in the state of Delaware.It purchases its corks from Cork Masters,a California cork importer.Despite a written contract,Cork Masters has informed JR Winery that it will immediately be raising the cost of corks 20 percent.JR Winery disputes the added charges and claims a breach of contract.Both companies agree that they want to resolve the dispute through binding arbitration.The arbitrator finds in favor of JR Winery.What,if anything,can Cork Masters do if it wants to dispute the arbitrator's decision?

A) Appeal the arbitrator's decision to a federal or state court.
B) File a court action under the Federal Arbitration Act because arbitration cannot be binding.
C) It can ask JR Winery if it would agree to have the case reopened.
D) Have an expert evaluation conducted.