Question 1

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 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.

Question 2

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 3

What two kinds of jurisdiction are necessary for a state court to have jurisdiction over a case? Describe each briefly.

Accepted Answer

The answer of What two kinds of jurisdiction are necessary...

Question 4

Greg sues Ned in an effort to get title to some land claimed by Ned and located inside the state of Texas.Ned has never been to Texas in his life,has never had any contacts of any kind with the state,and refuses to appear in Texas to defend against Greg's suit.Later,after Greg wins a default judgment against Ned,Ned shows up in Texas to claim that the judgment was invalid because he was totally outside Texas,hence Texas courts had no jurisdiction over him,and for this reason they could not affect his rights to the land.Is Ned right? Why or why not? Assume that subject-matter jurisdiction exists.

Accepted Answer

The answer of Greg sues Ned in an effort to...

Question 5

Does the Federal Arbitration Act (FAA)override a state law vesting initial decision making authority to a court or administrative agency?

Accepted Answer

The answer of Does the Federal Arbitration Act (FAA)override a...

Question 6

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

Accepted Answer

In a court-annexed arbitration,certain civil lawsuits are diverted into arbitration.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 7

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication,clarifying areas of agreement,helping see each other's viewpoints,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 8

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 9

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 10

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 11

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

Garnishment is a procedure through which a plaintiff can claim the damages awarded to him by seizing the defendant's property in the hands of third party such as a bank.

Question 12

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 13

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute,and also 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.The party can ask for summary judgment if it can prove that (1)there is no genuine issue of material fact,and (2)he/she is entitled to judgment as a matter of law.

Question 14

Dee sues Gerry for defamation.Dee thinks that the facts clearly are not as stated in Gerry's complaint and that,given Dee's version of the facts,Gerry cannot recover for defamation.What motion gives Gerry the best chance of winning the case early? What does it involve?

Accepted Answer

The answer of Dee sues Gerry for defamation.Dee thinks that...

Question 15

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 16

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 17

Harvey is planning to file a case against a petrochemical giant which 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 all others who have suffered similar harm from substantially the same wrong.This type of lawsuit is fairly common in environmental issues.

Question 18

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 belonging to the other party.

Question 19

What are the consequences of document alteration or destruction that interferes with legitimate discovery requests?

Accepted Answer

The answer of What are the consequences of document alteration...

Question 20

A party may win a judgment even after the jury has reached a verdict against it 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.

Quiz 2: The Resolution of Private Disputes