Question 1

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

Accepted Answer

The procedural device for ending the case at an early stage is commonly called the motion to dismiss.The most important type of motion to dismiss is the motion to dismiss for failure to state a claim upon which relief can be granted,sometimes called the demurrer.

Question 2

What are depositions?

Accepted Answer

In a deposition,one party's attorney conducts an oral examination of the other party or of a likely witness (usually one identified with the other party).

Question 3

The American legal system gives considerable power to the jury;however,it also has devices for limiting that power.The ________ provides a judgment to one party before the jury gets a chance to decide the case.

Accepted Answer

Although the general verdict gives the jury considerable power,the American legal system also has devices for limiting that power.The directed verdict takes the case away from the jury and provides a judgment to one party before the jury gets a chance to decide the case.

Question 4

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

Accepted Answer

A minitrial is an informal,abbreviated private "trial" that aims to promote settlement of disputes.

Question 5

Which of the following may contain an affirmative defense?

Accepted Answer

A defendant needs to file an answer to the plaintiff's complaint within a designated time after service of the complaint.An answer may include an affirmative defense to the claim asserted in the complaint.A successful affirmative defense enables the defendant to win the case even if all the allegations in the complaint are true and,by themselves,would have entitled the plaintiff to recover.

Question 6

The right of ________ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

Accepted Answer

To help litigants obtain the facts and to narrow and clarify the issues for trial,the state and federal court systems permit each party to a civil case to exercise discovery rights.Discovery is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

Question 7

Abby gets a state court civil judgment against Casey,but Casey does not pay.Which of the following is one of the tools available to Abby to enforce the judgment against Casey?

Accepted Answer

A writ of execution enables the sheriff to seize designated property of the defendant and sell it at a judicial sale to help satisfy the judgment.

Question 8

A counterclaim differs from an affirmative defense in that,a counterclaim:

Accepted Answer

A counterclaim is a new claim by the defendant arising from the matters stated in the complaint.Unlike an affirmative defense,it is not merely an attack on the plaintiff's claim,but is the defendant's attempt to obtain legal relief.In addition to using fraud as an affirmative defense to a plaintiff's contract claim,for example,a defendant might counterclaim for damages caused by that fraud.

Question 9

Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party?

Accepted Answer

Garnishments allow a party to seize property,money,and wages that belong to the defendant but are in the hands of a third party such as a bank or employer.

Question 10

Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing clothes that Mike considers to be ugly.Mike's complaint offers details of Randy's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Randy wants to defeat Mike's claim as fast as possible.The best procedural device for doing so is the:

Accepted Answer

Sometimes it is evident from the complaint or the pleadings that the plaintiff does not have a valid claim.In such a situation,it would be wasteful for the litigation to proceed further.The procedural device for ending the case at this early stage is commonly called the motion to dismiss.The most important type of motion to dismiss is the motion to dismiss for failure to state a claim upon which relief can be granted,sometimes called the demurrer.It asserts that the plaintiff cannot recover even if all of his allegations are true because no rule of law entitles him to win on those facts.

Question 11

At a ________,the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate,or agree to,a resolution of certain issues in order to simplify the trial.

Accepted Answer

Depending on the jurisdiction,a pretrial conference is held where the judge meets informally with the attorneys for both litigants.He/she may try to get the attorneys to stipulate,or agree to,the resolution of certain issues in order to simplify the trial.

Question 12

A party may win a judgment even after the jury has reached a verdict against that party through the procedure of:

Accepted Answer

The procedure of non obstante veredicto,or judgment notwithstanding the verdict,enables a losing party to win a judgment even when the jury has reached a verdict against it.

Question 13

A method of alternative dispute resolution in which a neutral third party helps the parties reach a cooperative resolution of their dispute by facilitating communication between them,clarifying their areas of agreement and disagreement,helping see each other's viewpoints,and suggesting settlement options,but who cannot make decisions that bind the parties,is called:

Accepted Answer

In mediation,a neutral third party called a mediator helps the parties reach a cooperative resolution of their dispute by facilitating communication between them,clarifying their areas of agreement and disagreement.Mediators,unlike arbitrators,cannot make decisions that bind the parties.

Question 14

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute and that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?

Accepted Answer

Summary judgment is a device for the speedy disposal of clear cases without a trial.The party that requests a summary judgment must show that (1)there is no genuine issue of material fact and (2)he is entitled to judgment as a matter of law.

Question 15

A(n)________ must state the remedy requested in the case.

Accepted Answer

The complaint states the plaintiff's claim in separate,numbered paragraphs.The complaint must also state the remedy requested.

Question 16

Discovery generally takes place without a need for court orders or other judicial supervision.Which of the following is an EXCEPTION to this rule?

Accepted Answer

With the exception of a motion for a court order requiring that the opponent undergo a physical or mental examination,discovery generally takes place without a need for court orders or other judicial supervision.

Question 17

In the form of alternative dispute resolution called court-annexed arbitration:

Accepted Answer

Most often,court-annexed arbitration is mandatory and is ordered by the judge,but some jurisdictions merely offer litigants the option of arbitration.The losing party in a court-annexed arbitration still has the right to a regular trial.

Question 18

Harvey is planning to file a case against a petrochemical giant that has a plant in his town.The petrochemical plant is dumping toxic wastes into its surrounding areas.Harvey is mobilizing the residents of the town,all of whom have suffered from various health problems due to the activities of the plant.Which of the following would be of most help to Harvey and the other residents?

Accepted Answer

A class action lawsuit allows one or more persons to sue on behalf of themselves and all others who have suffered similar harm from substantially the same wrong.This type of lawsuit is fairly common in environmental issues.

Question 19

Which of the following characterizes discovery?

Accepted Answer

The discovery phase of a lawsuit normally begins when the pleadings have been completed.Information may be subject to discovery even if it would not ultimately be admissible at trial under the legal rules of evidence.Interrogatories are among the commonly utilized forms of discovery.Participation in the discovery process may require significant expenditures of time and effort,not only by the attorneys but also by the parties and their employees.

Question 20

Dillon's,a discount retailer with over 500 employees,includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration.This clause most likely:

Accepted Answer

Arbitration is the submission of a dispute to a neutral,nonjudicial third party (the arbitrator)who issues a binding decision resolving the dispute.Arbitration usually results from the parties' agreement.That agreement normally is made before the dispute arises (most often through an arbitration clause in a contract).The Federal Arbitration Act requires judicial enforcement of a wide range of agreements to arbitrate claims.This means that if a contract contains a clause requiring arbitration of certain claims but one of the parties attempts to litigate such a claim in court,the court is very likely to dismiss the case and compel arbitration of the dispute.

Quiz 2: The Resolution of Private Disputes