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

Question 1

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

Answer 1

True

Question 2

Specific performance is an equitable remedy.

Answer 2

True

Question 3

The summons is the same document as the complaint.

Answer 3

False

Question 4

Statutes of limitations are always four years.

Question 5

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

Question 6

A complaint must establish subject matter jurisdiction.

Question 7

Voir dire is the process of screening prospective jurors.

Question 8

Venue is the subject matter jurisdiction of a court.

Question 9

Interrogatories must be answered in writing and under oath.

Question 10

A default is entered when the defendant counterclaims.

Question 11

Injunctions are equitable remedies.

Question 12

Depositions are generally taken in the courtroom.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

The complaint and answer are both pleadings.

Question 18

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

Question 19

Work product is discoverable.

Question 20

Every trial requires a jury.

Question 21

A hung jury requires a retrial of the case.

Question 22

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

Question 23

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

Question 24

In some states, unanimous jury verdicts are not required.

Question 25

Medarb is a combination of a trial and mediation.

Question 26

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

Question 27

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

Question 28

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

Question 29

Jury instructions explain to jurors how to elect a foreman.

Question 30

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

Question 31

Interrogatories are given under oath.

Question 32

All hearsay is inadmissible as evidence.

Question 33

The parties select the arbitrator for arbitration.

Question 34

The results of mediation are generally binding.

Question 35

A peremptory challenge is a challenge for cause.

Question 36

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

Question 37

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

Question 38

The results of an arbitration hearing are generally binding.

Question 39

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

Question 40

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

Question 41

Junk science can be excluded from evidence at trial.

Question 42

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

Question 43

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

Question 44

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

Question 45

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

Question 46

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

Question 47

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

Question 48

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

Question 49

A deposition can be used at trial.

Question 50

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

Question 51

There are constitutional and numerical limits on peremptory challenges.

Question 52

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

Question 53

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

Question 54

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

Question 55

E-mail cannot be obtained during discovery.

Question 56

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

Question 57

Arbitration is not allowed when federal statutory rights are involved.

Question 58

So long as a court has subject matter jurisdiction, there is no need for in personam jurisdiction.

Question 59

Interrogatories are only given to the parties in a case.

Question 60

In personam jurisdiction is not an issue when one of the parties is from another country.

Question 61

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 62

Mandatory arbitration is unconstitutional.

Question 63

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 64

A counterclaim is:

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

Question 65

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 66

In international disputes, it is likely that foreign companies will be required to come to the United States to bring suit for issues involving the Internet and U.S. companies

Question 67

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 68

Peremptory challenges:

A) are challenges for cause.
B) are generally limited in each case.
C) require specific reasons for use.
D) require proof of bias or prejudice of the juror.
E) none of the above

Question 69

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

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

Question 70

A motion for judgment NOV:

A) is a motion for judgment notwithstanding the verdict.
B) can only be made by the plaintiff.
C) is made only before the verdict is returned.
D) none of the above

Question 71

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 72

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

Question 73

Jury instructions:

A) are not given in all cases.
B) explain the application of law to juries.
C) are developed unilaterally by the judge.
D) explain how a foreman is elected.

Question 74

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

Question 75

Once a plaintiff has established a prima facie case:

A) the case is won.
B) the case can survive a directed verdict motion by the defendant.
C) the defendant cannot present contradictory evidence.
D) a judgment NOV is granted.
E) none of the above

Question 76

This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge.

A) Russell Crowe
B) Dickie Scruggs
C) Zachary Scruggs
D) Jeffrey Wigand

Question 77

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 78

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 79

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

Question 80

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