Question 1

Litigation is the process of bringing, maintaining, and defending a lawsuit.

Accepted Answer

Litigation is indeed the process of bringing, maintaining, and defending a lawsuit.

Question 2

Which of the following is NOT one of the four major pretrial phases?

Accepted Answer

The four major pretrial phases are pleadings, discovery, settlement conference, and pretrial motions. Litigation is not a pretrial phase, but rather the entire process of suing and being sued in court.

Question 3

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

Accepted Answer

That is correct. Pleadings are written legal documents that are filed with the court to initiate or respond to a lawsuit, and they include complaint, answer, counterclaim, and reply.

Question 4

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

Accepted Answer

Once a complaint has been filed, the court issues a summons which is a legal document ordering the defendant to appear in court to answer the complaint. A is incorrect because an answer is a pleading filed by the defendant in response to the complaint. B is a term used in some legal systems, but not in the US, and it means a defendant's reply to a plaintiff's rebuttal. D is unrelated to the situation described in the question and refers to a philosophy of judicial decision-making.

Question 5

In a litigation process, the party who files a complaint is called the ________.

Accepted Answer

The plaintiff is the party who initiates a legal action by filing a complaint against the defendant. The bailiff is a court officer responsible for maintaining order and security in the courtroom. The prosecutor is the government attorney who brings criminal charges against the accused and represents the state in the case. The defendant is the party against whom the complaint is filed and who must respond to the allegations. Therefore, the party who files a complaint is called the plaintiff.

Question 6

The statute of limitations establishes the period within which ________.

Accepted Answer

The statute of limitations determines the timeframe in which a plaintiff can file a lawsuit against a defendant. After the statute of limitations expires, the plaintiff is no longer allowed to file a lawsuit.

Question 7

What are the advantages and disadvantages to both client and attorney when entering into a contingency fee agreement for attorney's fees?

Accepted Answer

The answer of What are the advantages and disadvantages to...

Question 8

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Accepted Answer

A complaint is the document filed by a plaintiff to initiate a lawsuit and serves on the defendant, outlining the basis for the lawsuit and the relief sought.

Question 9

Which of the following can be filed by the defendant of a lawsuit?

Accepted Answer

The defendant of a lawsuit can file an answer, which is a formal written response to the plaintiff’s complaint. The other options listed are typically filed by the plaintiff.

Question 10

Which of the following is NOT one of the four major pretrial pleadings?

Accepted Answer

The four major pretrial pleadings are complaint, answer, counterclaim, and cross-claim. Interrogatories are written questions typically used in the discovery process, which occurs after the pleadings stage.

Question 11

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Accepted Answer

Intervention is the legal term used when other interested parties join an existing lawsuit to protect their own interests. It allows outsiders to participate in the proceedings of a lawsuit between two or more parties, and to protect their rights, like a person or an organization. Consolidation is when two or more lawsuits are combined into a single lawsuit, while a class action is a legal action brought by one or more individuals on behalf of a group of people who have a common claim against a defendant. Arbitration is a dispute resolution process, where a neutral third party decides the outcome of a disagreement between two or more parties.

Question 12

In which of the following cases is a default judgment entered?

Accepted Answer

A default judgment is entered when a defendant fails to file a written response to a plaintiff's complaint within the specified time frame.

Question 13

Briefly explain the steps involved in the pretrial litigation process.

Accepted Answer

The answer of Briefly explain the steps involved in the...

Question 14

When an attorney and client have entered into a contingency fee arrangement, it is possible that the attorney will receive no compensation at all.

Accepted Answer

In a contingency fee arrangement, the attorney's compensation is based on the outcome of the case. If the case is not successful, the attorney may not receive any compensation.

Question 15

Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge?

Accepted Answer

The answer of Why are pretrial hearings necessary, especially if...

Question 16

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

Accepted Answer

A cross-complaint is a legal claim made by a defendant against a plaintiff in response to the plaintiff's original complaint. It alleges that the plaintiff has also caused harm to the defendant and seeks damages or relief for the defendant's injuries. Therefore, a defendant who believes they have been injured by the plaintiff can file a cross-complaint against the plaintiff.

Question 17

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

Accepted Answer

A reply is the correct term for a document filed by the original plaintiff to answer the defendant's cross-complaint. This is part of the pleadings in a lawsuit.

Question 18

An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement?

Accepted Answer

A contingency fee is a type of fee arrangement in which an attorney's payment is contingent upon the outcome of a case. The attorney only receives payment if the case is won or settled in the client's favor. This type of fee arrangement is often used in personal injury cases, as it allows clients who might not otherwise be able to afford legal representation to pursue their case. The other options (hourly rate, retainer, flat fee) do not involve a contingency arrangement.

Question 19

Which of the following statements is true about the pretrial litigation process?

Accepted Answer

A default judgment is entered against a defendant when they fail to respond to a complaint, effectively establishing the defendant's liability for the claims made in the complaint.

Question 20

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Accepted Answer

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff. A summons is a document that notifies a defendant that a lawsuit has been filed against them and that they are required to appear in court. A rejoinder is a defendant's response to a plaintiff's reply, which is not the initial response. A rebuttal is a response to the opposing party's evidence, which occurs during the course of a trial.

Quiz 3: Judicial, Alternative, and E-Dispute Resolution