In the civil system, the term litigation refers to:
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both the pretrial and trial.
The term litigation refers to both the pretrial and trial periods in civil matters.
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Which of the following is not required in order to show standing to assert a claim?
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the party must be a citizen or taxpayer eligible to use the U.S. court system
One need not be a citizen or taxpayer to use the U.S. court system if they have been injured and have legal redress.
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The filing of the complaint begins which stage of litigation?
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the pleadings
The first paper generally filed which begins the process is the complaint, one of the necessary components of the pleadings.
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During the pleadings stage, a third party may be brought into the trial by a defendant by filing a/an:
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cross-claim.
Cross-claims are filed by a defendant to include a third party in the law suit when the defendant believes that the third party is either partially or totally at fault.
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The number of civil cases filed in state and federal courts combined in 2008 exceeded:
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20 million.
The American Bar Association reported over 20 million state and federal civil cases filed in 2008.
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Alan is stopped at a traffic light when he is run into by Bianca. He sues her for negligence. At trial, Alan produces evidence that Bianca had a blood alcohol level of 1.3, that she was texting at the time of the accident and that she was not wearing her prescription glasses when she rear ended him. This type of evidence produced by Alan would be called:
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inculpatory evidence.
Inculpatory evidence tends to prove a criminal offense or, as in this case, a civil wrong.
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Who, among the following, is not present during a pretrial conference?
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the court reporter
A court reporter is not present at a pretrial conference as no transcript is necessary or useful.
question
Fred is a student in your class and is frequently disruptive. Your professor has asked him to stop talking four times and to stop texting three times; just in today's class. Finally your professor asks him to leave and when Fred says "make me"; your professor loses it and knocks him out with a right cross to the jaw. Fred is now suing your professor for civil battery. Both sides believe that you can provide valuable information for their side. Which discovery method should they use to get your information?
answer
a deposition
Only a deposition would apply. Witnesses may be deposed but only parties are subject to the other options listed.
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A motion for a court to issue a ruling declaring that no trial is necessary because there are no essential facts in dispute is called a:
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motion for a summary judgment
A motion for a summary judgment asks the judge to rule in your favor without a trial because no issue of facts is evident, so no jury determination is necessary.
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If a civil trial results in a hung jury:
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the litigants must start the process over and conduct a trial with a new jury.
If a civil trial results in a hung jury, the litigants must start the process over and conduct a trial with a new jury if the plaintiff chooses to continue.
question
In Alston v. Advance Brands and Importing Company, Alston sued to prevent advertising of alcohol because it influenced children. He was found not to have standing for each of the reasons below except:
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Alston's children bought liquor using money provided by Alston, so he was at fault.
Alston's children had in fact not ever purchased liquor so no direct injury, either actual or economic, was shown.
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A complaint will contain each of the following except:
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a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.
Evidence and witnesses are not included in the complaint.
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April hires Christine to landscape her yard. They agree on a price, agree on the types and colors of the plantings and agree on the start date. When Christine shows up on the agreed date, April refuses to allow her to begin work. Christine has sued April for breach of contract. At trial, April produces the contract which states that the plants were to be a mixture of red, white and blue and were to be between 12" and 18" in height. She then produced pictures to show that Christine had arrived with only purple and yellow plants that were 6" to 8" high. This type of evidence produced by April would be called:
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exculpatory evidence.
Exculpatory evidence tends to prove innocence or non-liability.
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Depositions are:
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oral questions, answered orally asked of parties and witnesses.
Depositions are oral questions, answered orally asked of parties and witnesses while interrogatories are written questions, answered in writing asked only of parties.
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Mike has sued Kathy for injuries received in a traffic accident. If Kathy fails to respond to the complaint and summons within the proper time limit:
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Mike wins based on a default judgment.
Ignoring a complaint and failing to file an answer leads to a default judgment and an automatic loss of the case.
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Which of the following is not true of ADR proceedings?
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the jury decision in an ADR proceeding is automatically subject to one appeal
There are no juries involved in ADR proceedings.
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Binding arbitration means:
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that the decision of the arbitrator will be final unless the parties agree to reopen the case.
Binding arbitration must be agreed to by the parties and it means that the decision of the arbitrator will be final unless the parties agree to reopen the case.
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Each of the following is a pretrial motion except:
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to dismiss for mistrial.
A motion to dismiss for mistrial requests that a trial, already in progress, be stopped due to some occurrence during trial.
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In Bridgestone Americas Holding, Inc. v. Mayberry, the court had to determine if Bridgestone's trade secret for a particular formula was discoverable. They decided:
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the trade secret formula was not discoverable because the case could be proven by the tire's appearance and disclosure of the trade secret formula was therefore not pertinent.
Courts apply a three part balancing test and will not force disclosure of a trade secret unless it is absolutely pertinent to a plaintiff's case.
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Voir dire:
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is the process of choosing a jury.
The questioning process during jury selection is called voir dire.
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Which of the following does not result in a decision rendered by the hearing officer?
answer
mediation
Mediators do not issue decisions but instead work with the parties to have them arrive at an agreement.
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When the American Arbitration Association receives an application for appointment of an arbitrator, it: A. meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
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appoints a tribunal administrator who then informs the parties of the procedures and rules of arbitration.
When the American Arbitration Association receives an application for appointment of an arbitrator, it appoints a tribunal administrator who then informs the parties of the procedures and rules of arbitration.
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JR Winery grows grapes and produces wine in the state of Delaware. They purchase their corks from Cork Masters, a California cork importer. Despite a written contract, Cork Masters has informed JR Winery that they will immediately be raising the cost of corks 20%. JR Winery disputes the added charges and claims a breach of contract. They agree that they want to resolve the dispute as cheaply as possible but also agree that they want to actually see each other during any dispute resolution proceedings. Which type of ODR would best suit their mutual interests?
answer
online arbitration
On line arbitration is the only method of ODR that is conducted via live Web cast allowing the parties to actually see each other during the proceedings.
question
Wanda has graduated from a university and after nine months has failed to find a job. She graduated with a degree in business and her college was AACSB accredited. (AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.) In her complaint, she alleges that four years of school and tuition should guarantee a job in the field of study and she wants her money back. At no time did her school guarantee job placement, either through express or implied statements. Wanda does not disagree with this but still thinks she was wronged and that it's unfair to graduate and not get a job automatically. The school will be successful in extinguishing Wanda's law suit if their attorney files a:
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motion for summary judgment.
Wanda has not presented facts which present an issue that needs to be adjudicated.
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The last time an attorney addresses a jury is during the:
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closing argument.
The attorneys address the jury in the closing argument which concludes the in trial portion of the proceedings.
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In Green Tree Financial Corporation v. Randolph, Randolph brought suit in federal court for violation of a federal statute that regulates consumer lending. Green Tree moved to dismiss based on a mandatory arbitration clause in the consumer contract. How did the court decide?
answer
for Green Tree because Randolph had not proven that the mandatory arbitration clause was unfair or biased toward the defendant negating his rights
Randolph raised the issue of potentially high costs once a forum was selected but had not actually proven that she would indeed suffer prohibitive costs.
question
From first to last, which of the following trial stages are in the correct order?
answer
pleadings; discovery; pretrial conference; jury selection
Answer D represents the proper order of stages mentioned.
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Which of the following is categorized as informal ADR?
answer
negotiation
Negotiation is face to face discussions, with or without intermediaries in order to resolve a dispute without a formal process or procedures.
question
When disputing parties submit blind bids to an automated service stating what they are willing to pay or receive to resolve the dispute and the software evaluates the bids and produces a fair price based on the party's input, the form of ODR being utilized is:
answer
online negotiation.
online negotiation.
question
In Brower v. Gateway Computer, the issue involved the enforcement of a mandatory and binding arbitration agreement pertaining to disputes between Gateway and its customers. With regard to the agreements enforcement, the court determined that:
answer
because the mandatory fee required by the arbitration forum exceeded the cost of most of Gateway's products, the prohibitive cost of arbitration made the arbitration unfair and biased toward Gateway and therefore nullified the arbitration clause.
The $4,000 fee of which $2,000 was nonrefundable even to a winner along with the location of the forum made the process so unfair and biased as to nullify the arbitration agreement.
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