Question 1

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

Accepted Answer

Misconduct by participants in a trial, such as jurors communicating with outside sources or attorneys engaging in unethical behavior, can be grounds for a judge to grant a motion for a new trial.

Question 2

The simplest form of alternative dispute resolution is mediation.

Accepted Answer

The answer of The simplest form of alternative dispute resolution...

Question 3

Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two firms can
A) any of the choices.
B) litigate it.
C) settle it between themselves.
D) resolve it through an alternative method, such as arbitration.

Accepted Answer

The two firms can choose any of the options: litigate the dispute in court, settle it between themselves, or use an alternative dispute resolution method like arbitration.

Question 4

Analytica LLC files a suit against the United States, challenging a congressional enactment mandating that employers pay their employees' student loans. The process by which the court decides this issue is
A) judicial review.
B) voir dire.
C) unconstitutional.
D) the rule of four.

Accepted Answer

Judicial review is the process by which the courts review the constitutionality of actions taken by the legislative and executive branches of government. In this case, Analytica LLC is challenging the constitutionality of a congressional enactment, and the court will have to use the process of judicial review to decide the issue. Voir dire is the process of selecting a jury, unconstitutional is not a process, and the rule of four refers to the number of Supreme Court justices needed to grant certiorari to a case, which is not relevant to this scenario.

Question 5

A party does not need to have legitimate grounds to appeal a trial court's decision.

Accepted Answer

A party must have legitimate legal or factual grounds to appeal a trial court's decision. Simply being unhappy with the outcome or wanting a second chance is not enough. The appeal must be based on errors made by the trial court that affected the outcome of the case.

Question 6

Electronic discovery can reveal significant facts that are not discoverable by other means.

Accepted Answer

Electronic discovery can uncover relevant evidence that is not readily available through other methods, such as physical document review or witness interviews. This is because electronic data can include a vast amount of information, including deleted files, metadata, and communication records.

Question 7

One party wants to file a suit against another. For a court to hear the case,
A) both parties must consent.
B) the court must have jurisdiction.
C) the parties must have diversity of citizenship.
D) the parties must own property.

Accepted Answer

For a court to hear a case, they must have jurisdiction, which means they have the authority to hear and make decisions on a case. Jurisdiction can be determined by geographic location, subject matter, or the parties involved in the case. Consent, diversity of citizenship, and ownership of property may be factors in some cases, but they are not necessary for a court to have jurisdiction to hear a case.

Question 8

A motion for summary judgment asserts that the plaintiff failed to state a claim for which the court can grant relief.

Accepted Answer

A motion for summary judgment is typically filed by the defendant and asserts that there are no genuine issues of material fact and that the plaintiff failed to state a claim that entitles them to relief.

Question 9

Arbitration differs from other forms of alternative dispute resolution in that a third party hearing a dispute makes a decision for the parties.

Accepted Answer

In arbitration, an arbitrator or panel of arbitrators makes a binding decision for the parties. In other forms of alternative dispute resolution such as mediation, the third party helps the parties in reaching a mutually acceptable resolution, but does not make a decision for them.

Question 10

Discovery is the process of serving a summons and a copy of a complaint on a defendant.

Accepted Answer

Discovery is the pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through various means such as interrogatories, requests for production of documents, and depositions, not the process of serving a summons and complaint. Serving a summons and a copy of a complaint is part of the initial stages of filing a lawsuit, not the discovery process.

Question 11

The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established
A) the jurisdiction of the courts.
B) voir dire.
C) the power of judicial review.
D) the rule of four.

Accepted Answer

The decision in Marbury v. Madison established the power of judicial review, which allows the Supreme Court to declare acts of Congress unconstitutional. This was a crucial development in the balance of power between the three branches of government.

Question 12

Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

Accepted Answer

Appellate courts do have discretionary power to reject an appeal if it does not meet certain criteria, such as being filed within applicable time limits or if the issue has already been decided in a prior appeal.

Question 13

Most states encourage or require parties to undertake a trial before alternative dispute resolution.

Accepted Answer

Most states encourage or require parties to engage in alternative dispute resolution, such as mediation or arbitration, before proceeding to trial. This is because these methods are generally less time-consuming, less expensive, and less adversarial than going to court.

Question 14

Jurors must decide a case based only on the information that they learn during the trial.

Accepted Answer

This is true because jurors are not allowed to consider any information that was not presented during the trial. This is known as the "Rule of Evidence" and is meant to ensure a fair and impartial verdict based solely on the evidence presented in court.

Question 15

Negotiation requires the use of a neutral third party to facilitate a settlement.

Accepted Answer

Negotiation can be facilitated by a neutral third party such as a mediator, but it is not always necessary. Negotiation can also occur between the parties involved without the use of a third party.

Question 16

A judicial decision on the constitutionality of an executive order that limits certain state actions is
A) beyond the jurisdiction of the courts.
B) a question of fact.
C) a summary judgment.
D) the power of judicial review.

Accepted Answer

The power of judicial review allows the courts to determine the constitutionality of executive orders and other government actions. Therefore, a judicial decision on the constitutionality of an executive order is within the jurisdiction of the courts and is not a question of fact or a summary judgment.

Question 17

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

Accepted Answer

It is important for the plaintiff to consider the defendant's ability to pay the damages sought because even if the plaintiff wins the lawsuit, they may not be able to collect the damages if the defendant does not have the financial means to pay.

Question 18

An appellate court can modify a trial court's decision, in whole or in part.

Accepted Answer

An appellate court has the power to modify a trial court's decision, either in whole or in part, based on the evidence presented during the appeal. This may involve reversing or remanding part of the decision or modifying the decision to better reflect the law or the facts of the case.

Question 19

An electronic court filing system allows parties to file litigation-related documents via electronic means.

Accepted Answer

An electronic court filing system, also known as e-filing, is a digital filing system that allows litigants to electronically file documents with the court.

Question 20

Choosing a jury is an important aspect of litigation strategy.

Accepted Answer

Choosing a jury is a crucial part of litigation strategy as it helps determine the likelihood of success in a case and influence the outcome of a trial. The selection process involves identifying potential jurors who are thought to be impartial and likely to be sympathetic to one's case, and eliminating those who may have biases or prejudices that could negatively impact the trial.

Quiz 4: Courts and Alternative Dispute Resolution