Question 1

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 would allow Harvey and the other residents to join together and sue the petrochemical giant as a group, which can be more efficient and effective than filing individual cases. This would also help them pool their resources and legal expertise to fight against the petrochemical giant. Demurrer, directed verdict, and affirmative defense are all legal terms that may be applicable to a case, but they wouldn't necessarily be helpful to Harvey and the other residents in this situation.

Question 2

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

Accepted Answer

Non obstante veredicto is a procedure in which a court sets aside a jury verdict and enters a judgment in favor of the losing party. This occurs when the judge determines that the verdict is unreasonable, inconsistent with the weight of the evidence, or contrary to law. The winning party can then obtain a judgment even though the jury reached a verdict against it. The other options listed (mensrea, demurrer, habeas corpus) are not relevant to this procedure.

Question 3

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

Accepted Answer

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Question 4

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 5

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

Accepted Answer

Minitrial is an informal alternative method for promoting settlement of disputes from a formal court trial. It involves a mock trial where the parties present their arguments to a neutral third party who then assists in negotiating a settlement between the parties. Summary judgment, directed verdict, and peremptory challenges are all formal methods used in a court trial.

Question 6

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 legal process that allows a plaintiff to seize property or funds that belong to the defendant but are in the hands of a third party. This could include wages held by an employer or money held in a bank account. A class action is a lawsuit brought by a group of people with similar claims, not related to property seizure. Non obstante veredicto is a Latin term that means "notwithstanding the verdict" and refers to a court's ability to set aside a verdict if it is deemed unjust. Settlement refers to an agreement reached between the plaintiff and defendant outside of court, not related to property seizure.

Question 7

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 8

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

The description provided in the question is the definition of mediation, which is a form of alternative dispute resolution where a neutral third party (the mediator) assists the disputing parties in reaching a mutually acceptable resolution. The mediator cannot make decisions for the parties, but rather helps them facilitate communication and find common ground. Conciliation is similar to mediation, but typically involves more active participation by the conciliator in proposing potential solutions. Minitrial and arbitration are forms of alternative dispute resolution that involve more formal procedures and may involve a binding decision by a neutral third party.

Question 9

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

Accepted Answer

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Question 10

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

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Question 11

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

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Question 12

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 is a court order that allows a court official to seize Casey's assets, such as bank accounts or real property, to satisfy Abby's judgment. Mediation is not a tool for enforcing a judgment, but rather a method for resolving disputes. Long-arm jurisdiction and in rem jurisdiction relate to a court's ability to hear a case, not to enforcing a judgment.

Question 13

What are depositions?

Accepted Answer

Depositions are oral examinations of a party by the opposing party's attorney. They are conducted outside of court and are usually recorded and transcribed for use in future legal proceedings. Depositions are often used to gather information and evidence in preparation for a trial.

Question 14

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

Generally, federal courts consider arbitration agreements in employment contracts as valid and enforceable as long as they do not violate any specific laws or public policy. Therefore, Dillon's inclusion of a binding arbitration clause in its employment application will most likely be considered valid by federal courts.

Question 15

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

A pretrial conference is a meeting between the judge and the attorneys for both sides before the trial where they discuss and try to resolve certain issues in the case. The goal is to simplify the trial and potentially avoid going to trial altogether. A demurrer is a legal motion to dismiss a case for lack of merit, a directed verdict is a ruling by the judge at the end of the plaintiff's case that there is not enough evidence to support the plaintiff's claim, and a minitrial is a type of alternate dispute resolution where the parties present a shortened version of their case to a neutral third party who then makes a recommendation for settlement.

Question 16

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 17

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

Accepted Answer

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Question 18

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

The right of discovery allows parties to obtain 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. Demurrer, counterclaim, and affirmative defense are all legal pleadings, but do not relate to the right of discovery.

Question 19

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

A request for a physical or mental examination of the opponent usually requires a court order or some level of judicial supervision to ensure that it is reasonable and not overly intrusive. The other options (A, B, D) do not typically require court orders or supervision.

Question 20

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 or law. What legal procedure would allow Malcolm to win this case as quickly as possible?

Accepted Answer

Summary judgment is a legal procedure that allows a party to win a case without going to trial, if there is no genuine issue of material fact in dispute, and the party is entitled to win the case as a matter of law. This is the best choice for Malcolm to win the case as quickly as possible, since it avoids the need for a trial and the time and expense associated with it. Discovery is a pre-trial procedure used to obtain information from the other party or witnesses, but it does not necessarily lead to a quick resolution of the case. Voir dire is the process of selecting a jury, which is not relevant in this scenario since Malcolm is seeking to avoid a trial. Jury trial is an option if a summary judgment is not granted, but it would take longer than a summary judgment and involve more expenses.

Quiz 2: The Resolution of Private Disputes