Question 1

Which of the following accurately describes a summons?

Accepted Answer

A summons is a legal document that is served on the defendant to notify them that a lawsuit has been filed against them. It is not the initial document filed in a suit, and it must be served in order for the lawsuit to proceed.

Question 2

Mandatory arbitration is unconstitutional.

Accepted Answer

Mandatory arbitration is not unconstitutional; it is a legal process where parties agree to resolve disputes outside of court, often as part of a contract agreement. The U.S. Supreme Court has upheld the enforceability of arbitration agreements.

Question 3

Which of the following would not be discoverable in a contract suit requesting lost profits as damages?

Accepted Answer

Work product, which includes confidential information related to a company's trade secrets or proprietary information, would not be discoverable in a contract suit as it is protected by attorney-client privilege or work product doctrine. However, income tax returns, orders of merchandise, and expense records would be relevant to determining the lost profits and therefore, would be discoverable.

Question 4

A counterclaim is:

Accepted Answer

A counterclaim is made by a defendant in response to a plaintiff's claim, in which the defendant asserts their own claim or cause of action against the plaintiff.

Question 5

Which of the following is a true statement about depositions?

Accepted Answer

Depositions are typically held outside of court in a mutually agreed upon location, such as a law office. They are taken under oath, and interrogatories may be used before or after the deposition, but they are not a requirement for holding a deposition.

Question 6

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

Accepted Answer

This is based on the principle of personal jurisdiction, where a court has the power to hear a case and make a judgment over a defendant who has sufficient minimum contacts with the forum state, in this case, the United States. Therefore, if a foreign company wants to bring suit against a U.S. company for an issue involving the Internet, they may need to come to the United States to do so.

Question 7

A motion for summary judgment is:

Accepted Answer

A motion for summary judgment is granted only if there are no factual issues. It is a legal request for a judge to decide the case based on the evidence presented without the need for a trial. If there are any material facts in dispute, the case would proceed to trial. Therefore, option A is the correct choice.

Question 8

Peremptory challenges:

Accepted Answer

Peremptory challenges are limited in each case, but they do not require specific reasons for use and do not necessarily depend on proof of bias or prejudice of the juror.

Question 9

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

Accepted Answer

The complaint is the initial document filed in a lawsuit, in which the plaintiff states their claims against the defendant.

Question 10

A motion for judgment NOV:

Accepted Answer

A motion for judgment NOV (notwithstanding the verdict) is a request that the court rule in favor of the moving party (either plaintiff or defendant) despite the jury's verdict. This motion can be made by either party and is typically made after the verdict has been reached.

Question 11

Which of the following is not a form of equitable relief?

Accepted Answer

Money damages are considered a form of legal relief, as they are typically awarded as compensation for a harm or injury suffered by the plaintiff. Equitable relief, on the other hand, aims to enforce or uphold specific rights or obligations, such as through injunctions, specific performance, or rescission of a contract.

Question 12

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

Accepted Answer

Courts are generally hesitant to overturn an arbitration award, as one of the main purposes of arbitration is to provide a binding and final resolution to a dispute. However, there are limited circumstances in which a court may overturn an award, such as if it was obtained through fraud or if the arbitrator exceeded their powers.

Question 13

Jury instructions:

Accepted Answer

Jury instructions explain the application of law to juries, informing them of the relevant laws and how they should apply them in the case. They are usually given by the judge with input from both prosecution and defense attorneys.

Question 14

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

Accepted Answer

Spoilation is the intentional or unintentional destruction, alteration or concealment of evidence that is relevant to a legal proceeding, and can lead to serious consequences such as sanctions, dismissal of claims or even criminal charges.

Question 15

Once a plaintiff has established a prima facie case:

Accepted Answer

Establishing a prima facie case means that the plaintiff has presented enough evidence to allow the case to proceed to trial. However, it does not mean that the case is automatically won or that the defendant cannot present contradictory evidence. The defendant can still file a directed verdict motion, but if the plaintiff has established a prima facie case, it is less likely that the motion will be granted.

Question 16

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

Accepted Answer

Dickie Scruggs is the famous class action lawyer who was sentenced to prison in 2008 for attempting to bribe a federal judge. Russell Crowe is an Australian actor, Zachary Scruggs is Dickie Scruggs' son who also faced charges related to the bribery scandal, and Jeffrey Wigand is a former tobacco industry whistleblower.

Question 17

A default results when:

Accepted Answer

A default results when the defendant fails to file an answer in a timely fashion.

Question 18

Which of the following is not a form of discovery?

Accepted Answer

A pretrial conference is not a form of discovery. It is a meeting between attorneys and the judge to discuss the case and try to resolve any issues before trial. The other options (A, B, D) are all forms of discovery used to gather information and evidence about the case.

Question 19

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

Accepted Answer

Jurors are expected to base their decision solely on the evidence presented in court and the judge's instructions. Conducting independent research can introduce biased information and undermine the fairness of the trial. Jurors are instructed to only consider the evidence presented in court and to avoid outside sources, including the internet.

Question 20

Which of the following is not included in a complaint?

Accepted Answer

A counterclaim is not included in a complaint. A counterclaim is a claim made by the defendant against the plaintiff and is filed in response to the plaintiff's complaint. The other options, statement of subject matter jurisdiction, request for damages, and statement of venue, are included in a complaint.

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