Deck 6: Dispute Resolution

Question 1

A summons is a paper ordering a defendant to appear in court at a certain time.

Answer 1

False

Question 2

Primary methods of alternative dispute resolution include litigation and mediation.

Answer 2

False

Question 3

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Answer 3

True

Question 4

Which of the following statements is most accurate regarding appellate courts?

A)Appellate courts often hear new evidence and testimony.
B)Appellate courts generally accept the factual findings of the trial court.
C)Only the federal court system has appellate courts.
D)Appellate courts hear only criminal cases.

Question 5

Summary judgment is appropriate when there are no essential facts in dispute.

Question 6

Jurisdiction can be described as

A)the study of law.
B)the authority of a court to decide a particular type of case.
C)court cases involving the U.S.Constitution or a federal statute.
D)the burden of proof.

Question 7

The fastest-growing method of dispute resolution in the United States is

A)arbitration.
B)negotiation.
C)mediation.
D)litigation.

Question 8

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial if the value of the materials is over $100.

Question 9

If interrogatories are being used as a form of discovery,the party being questioned must generally answer all the questions orally under oath.

Question 10

In alternative dispute resolution (ADR),most cases are resolved through

A)litigation.
B)negotiation.
C)mediation.
D)lawsuits.

Question 11

After being served with a summons and a copy of the complaint,a defendant usually files a pleading known as an answer,briefly replying to each allegation in the complaint.

Question 12

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Question 13

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Question 14

Small claims courts have jurisdiction over settling the estates of deceased persons.

Question 15

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

Question 16

What two conditions must exist for federal courts to have diversity jurisdiction?

A)An individual is bringing suit against a corporation,and the amount in dispute exceeds $75,000.
B)The plaintiff and defendant are from the same family,and the amount in dispute exceeds $50,000.
C)The case has been tried in two different states with two different outcomes,and the amount in dispute exceeds $50,000.
D)The plaintiff and defendant are citizens of different states,and the amount in dispute exceeds $75,000.

Question 17

Emails and their attachments are not subject to pretrial discovery.

Question 18

In reaching its verdicts,appellate courts conduct trials and rehear all evidence.

Question 19

Generally,mandatory arbitration provisions in a contract are valid.

Question 20

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Question 21

A party that wants the Supreme Court to review a lower court ruling must

A)present a non obstante veredicto.
B)file a petition for a writ of certiorari.
C)file a petition for a voir dire.
D)present a motion to dismiss.

Question 22

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered

A)an adversary system.
B)a conflict system.
C)an alternative dispute resolution system.
D)a mediation system.

Question 23

An inmate in a state prison claims his U.S.constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

A)may not be decided by a federal court since it involves a state facility.
B)must be decided by the state court where the inmate established residency before going to prison.
C)is a federal question case over which the federal courts have jurisdiction.
D)cannot be heard,as prisoners lose the right to sue.

Question 24

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

A)Corrales will render a binding decision.
B)Holt and Collins retain the right to a class action.
C)Holt and Collins give up the right to discovery.
D)Corrales need not give reasons for the decision.

Question 25

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone and decided that they should be made available to the plaintiff.The judge made

A)an in camera inspection.
B)a motion to compel answers to interrogatories.
C)a request for admission.
D)a request for the production of documents.

Question 26

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a

A)judgment on the pleadings.
B)summary judgment.
C)pretrial conference.
D)default judgment.

Question 27

Which of the following courts determines facts?

A)U.S.District Court
B)U.S.Supreme Court
C)U.S.Court of Appeals
D)All of these are correct.

Question 28

Which of the following is NOT an example of a trial court of limited jurisdiction?

A)A probate court
B)A juvenile court
C)A small claims court
D)A general civil division court

Question 29

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

A)default judgment
B)long-arm statute
C)federal question
D)summary judgment

Question 30

The Supreme Court will not grant a writ of certiorari unless

A)the case began in a federal court.
B)two or more U.S.courts of appeals have decided the legal issue differently.
C)four of the nine justices vote in favor of hearing the case.
D)it finds that it has diversity jurisdiction over the case.

Question 31

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to

A)mediate the claim with the advertiser.
B)bring an individual lawsuit against the advertiser in a state appellate court.
C)bring an individual lawsuit in a U.S.District Court.
D)become part of a class action lawsuit,which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Question 32

In a civil case,the plaintiff must prove the case

A)by a preponderance of the evidence.
B)by clear and convincing evidence.
C)beyond a reasonable doubt.
D)None of these;the burden of proof is on the defendant.

Question 33

What is the primary trial court in the federal system?

A)Municipal Court
B)U.S.Supreme Court
C)U.S.Claims Court
D)U.S.District Court

Question 34

Which element of a civil case comes first?

A)answer
B)service
C)complaint
D)discovery

Question 35

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called

A)a request for admission.
B)a request for the production of documents.
C)a deposition.
D)interrogatories.

Question 36

Of all forms of dispute resolution,which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

A)litigation
B)arbitration
C)jurisdiction
D)mediation

Question 37

In Jones v.Clinton,the court held that

A)Paula Jones did not demonstrate the essential elements for her claim.
B)Paula Jones was entitled to a summary judgment.
C)the case be dismissed because of the President's governmental position.
D)President Clinton failed to comply with a discovery order.

Question 38

What has been one consequence of the rise of electronic discovery?

A)The creation of a new industry devoted to help law firms sort through the vast amounts of data.
B)A significant reduction in the amount of time law firms devote to discovery.
C)The gradual phasing out of the use of interrogatories and depositions.
D)A decrease in the cost most law firms charge for discovery.

Question 39

What is the correct order in which a jury trial is conducted?

A)opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict
B)jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict
C)opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict
D)jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict

Question 40

After the plaintiff has presented her case,the defendant may be granted a

A)directed verdict.
B)summary judgment.
C)judgment NOV
D)judgment on the pleadings.

Question 41

What are the advantages and disadvantages of using arbitration rather than litigation?

Question 42

Pablo,a resident of New Mexico,while driving through Arizona was struck by a SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

Question 43

Briefly describe the process of jury selection.

Question 44

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Question 45

Define discovery,and identify and explain five of the most important forms of discovery.