Q&A Hero

Q: A mediator cannot impose a binding solution on the parties.

Q: Statutorily mandated arbitration requires a higher level of judicial review of an award than voluntary arbitration.

Q: An arbitrator may be considered partial or corrupt by independently investigating a material matter after the close of hearings without telling either party about the investigation.

Q: The judicial review of an arbitrator's award in a voluntary proceeding is quite restricted and is more limited than the appellate review of a trial court's decision.

Q: If an arbitrator makes a clearly erroneous ruling pursuant to a voluntary contract-based arbitration, there will be sufficient grounds for a judge to set aside the award.

Q: Mandatory arbitration proceedings are generally subject to a de novo judicial review if a party is dissatisfied with the award.

Q: The failure of a party to be present at an arbitration hearing constitutes a waiver of the right to reject the award and seek de novo judicial review.

Q: In order for a federal court to assume that parties did not intend to arbitrate, a court must believe with positive assurance that the parties did not intend to include the particular dispute in the arbitration clause.

Q: Individual states are not limited by the Constitution when they make laws that deny arbitration of certain disputes

Q: The federal system and all state systems require arbitration hearings to comply with established rules of evidence.

Q: From the perspective of judicial review, voluntary arbitration is a more effective alternative to litigation than mandatory arbitration.

Q: Absent fraud or other inappropriate behavior, arbitration awards in voluntary proceedings are not subject to judicial review on the merits of the decision.

Q: Generally an arbitrator's award does not need to set forth findings of fact, conclusions of law, or the reasons for an award.

Q: The Federal Arbitration Act is largely responsible for the prominent role and positive perception of arbitration among businesses today.

Q: The arbitrator chooses the issues of the hearing to be resolved.

Q: An arbitrator must be a lawyer or a judge in good standing in the community where the arbitration is to take place.

Q: The sole source of qualified expert arbitrators currently is the American Arbitration Association.

Q: In most state statutes authorizing voluntary arbitration, the agreement to submit to arbitration may be written or oral.

Q: Private arbitrators are not permitted to decide on questions of law.

Q: If a party is unhappy with the way a private arbitration is going, it may unilaterally close the proceedings and move the dispute to public litigation.

Q: To avoid costly public litigation, parties can agree to have a private third party decide the merits of their dispute.

Q: The arbitrator should be disinterested in any financial impact of the decision.

Q: The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration.

Q: Juries often decide close questions of liability, as well as size of the verdict, against business organizations.

Q: Focus groups can deliver binding decisions in civil cases.

Q: Negotiation is the process used to persuade or coerce someone to do what you want them to do.

Q: Positional bargaining is an approach based on principled, interest-based negotiations.

Q: Positional negotiation creates barriers to resolution that may be removed by using principles instead of positions.

Q: Once a lawsuit has been filed, ADR may not be used until the suit has gone to judgment or has been dismissed.

Q: A negotiated settlement is generally more expensive and time-consuming than litigation.

Q: What is the meaning of res judicata and what is its effect?

Q: Litigation is the quickest method of dispute resolution.

Q: A dispute arises when one party makes a claim that another party denies.

Q: Discuss the purposes of execution and garnishment in terms of post-judgment relief, and describe how the two differ.

Q: What changes with the burdens of proof for civil and criminal cases? What must lawyers do differently in response to a weaker or stronger burden, and how could the burden affect the trial?

Q: What is the standard of review and how much deference do appellate judges give to findings by judges in the trial courts?

Q: What must lawyers do in order to preserve an argument for appeal of an evidentiary ruling?

Q: Differentiate between a judgment notwithstanding the verdict and motion for judgment as a matter of law. When are they used?

Q: How might lawyers and their clients abuse the discovery process?

Q: Though it is often thought of as the main component of the American judicial system, it is actually rather rare to go to trial. What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?

Q: What is meant by the term "frivolous case" and what is being done to remedy the problem?

Q: How does the process of jury selection affect the progress and outcome of a trial?

Q: In your opinion, would the American court system be better off if it eliminated the use of peremptory challenges?

Q: Do you believe that class-action litigation should be reformed? Do you think that it is a fair means by which relatively vulnerable plaintiffs can get remuneration from powerful corporations, or an abuse of the judicial system by clever lawyers and overly-litigious citizens?

Q: What are some of the theoretical and actual purposes of discovery?

Q: In a personal injury suit, what may the defendant's attorneys request and obtain by using the discovery methods?

Q: When might a court be forced to use extradition, and what is the process?

Q: What is standing to sue and what must the plaintiff allege to establish required standing?

Q: Describe the standard and three criteria that allow the typical long-arm statute to allow jurisdiction over a non-resident defendant?

Q: After the judgment is obtained, requiring the defendant's employer to pay some of the defendant's wages to the court on behalf of the plaintiff is called _____. A. execution. B. garnishment. C. depositions. D. summary. E. subpoena

Q: Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called _____. A. voir dire. B. chancery. C. execution. D. res judicata. E. nolo contendere.

Q: When might a third-party defendant be necessary in a trial, and what purpose dies this type of parry serve?

Q: The _____ contain a short description of the case; a factual summary; legal points and authorities; and arguments for reversing or affirming the lower court decision. A. affidavits B. interrogaries C. briefs D. depositions E. verdicts

Q: Which of the following is a feature of appellate review? A. Calling witnesses. B. Oral argument. C. Introduction of new evidence. D. Statute of limitations. E. Discovery.

Q: After an appeal, the losing party may petition the highest court in the system for a/n _____. A. subpoena B. execution C. brief D. writ of certiorari E. affidavit

Q: Once a judge has determined that the plaintiff is to be awarded a certain sum of money, the plaintiff may begin the process to obtain the money from the defendant by having the sheriff or other court official seize the defendant's property and sell it. This is called: A. execution. B. summary judgment. C. deposition. D. summons. E. extradition.

Q: Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a _____. A. decree B. res judicata C. brief D. pleading E. extradition

Q: When a petition for certiorari is filed to the Supreme Court, the party initiating the petition is the petitioner and the other party is known as the _____. A. plaintiff B. respondent C. appellant D. tortfeasor E. defendant

Q: The burden of proof in most criminal cases is _____. A. beyond a reasonable doubt B. preponderance of the evidence C. clear and convincing proof D. circumstantial evidence E. judgment notwithstanding the verdict

Q: The burden of proof known as _____ is achieved when there is greater weight of evidence in support of the proposition than there is against it. A. clear and convincing proof. B. beyond a shadow of a doubt. C. preponderance of evidence. D. beyond a reasonable doubt. E. beyond all doubt.

Q: If the judge agrees with the decision of the jury, he will enter the _____. A. verdict B. judgment C. appeal D. summation E. deposition

Q: If the judge finds that the verdict is erroneous as a matter of law, she may enter a _____. A. directed verdict B. summary judgment C. judgment notwithstanding the verdict D. voir dire E. peremptory challenge

Q: In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call. A. deposition B. opening statement C. verdict D. summation E. interrogary

Q: After the plaintiff has presented all of the evidence, the defendant may make a motion for _____, which is granted if the evidence, taken in the light most favorable to the plaintiff, establishes as a matter of law that the defendant is entitled to a verdict. A. voir dire B. res judicata C. summary judgment D. directed verdict E. peremptory challenge

Q: Which of the following best sums up the sequence of events in a jury trial? A. Opening statements; voir dire; judgment; verdict B. Pleadings; voir dire; discovery; judgment C. Voir dire; discovery; closing arguments; judgment D. Opening statements, pleadings, judgment, closing argument E. Discovery; voir dire; verdict; judgment

Q: In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause. A. gender. B. religious preference. C. race. D. national origin. E. intelligence.

Q: In J.E.B. v. Alabama, the Court declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause. A. gender B. religious preference C. race D. national origin E. sophistication

Q: Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response? A. File a motion for judgment on the pleadings B. File a motion to have Luigi extradited C. Terminate the litigation on her own motion D. Wait until Franz files a motion to terminate the litigation E. File a request for admission

Q: If bias is admitted, a juror is struck from the jury with a: A. peremptory challenge. B. challenge for cause. C. motion for a directed verdict. D. motion to compel. E. res judicata.

Q: Which of the following statements is false concerning peremptory challenges? A. The number of peremptory challenges allowed varies from state to state. B. The number of challenges may vary between the parties. C. One can be used to strike a juror from the jury because he is a man. D. No reason needs to be given to use a peremptory challenge. E. The number may vary depending on the type of case being tried.

Q: When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror on the basis of: A. the prospective juror's race. B. the prospective juror's gender. C. the juror's lack of bias towards the case. D. the prospective juror's ethnicity. E. the juror's relationship to the opposing party.

Q: Terrell is suing Chad. After he receives the answer, Terrell believes that he should win based solely on his original complaint and Chad's answer. Terrell should file a: A. motion for a directed verdict. B. motion to dismiss for failure to state a cause of action. C. motion in limine. D. motion for a summary judgment. E. motion for a judgment on the pleadings.

Q: Meghan was pulled over by a policeman for speeding. Despite being cooperative, non-threatening and obviously not intoxicated by liquor or drugs, the policeman orders her out of the car and frisks her. He finds a small bag of marijuana in her pocket. This search and seizure was illegal. After she is arrested, her attorney wants the discovery of the marijuana suppressed because of the illegal search. The attorney would file a: A. motion for a directed verdict. B. motion for a summary judgment. C. motion to dismiss for failure to state a cause of action. D. motion in limine. E. motion to sequester witnesses.

Q: In what type of motion does a party ask the judge to decide the case based on the complaint and affidavits showing that there are no material facts in dispute? A. Summary judgment B. Judgment on the pleadings C. Judgment notwithstanding the verdict D. General demurrer E. Motion to compel

Q: A lawsuit that is totally lacking in merit is referred to as _____. A. deposed B. peremptory C. res judicata D. cognizable E. frivolous

Q: Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer. Maria and her lawyer look at the complaint and see that it is mean-spirited and vindictive, and lacks any legitimate claims. Maria's lawyer determines that Theresa is merely bullying Maria, hoping to continue the feud that resulted in Maria moving out of their apartment. What may Maria's lawyer do to ensure that Theresa does not file this kind of vindictive case again? A. Have Theresa arrested after the statute of limitations runs out B. File a motion to have Theresa extradited C. File for sanctions under Rule 11 of the Federal Rules of Civil Procedure D. File a motion for judgment notwithstanding the verdict E. File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure

Q: If the defendant does not respond to the complaint as required he or she is said to be in _____. A. complaint. B. interrogatory. C. discovery. D. voir dire. E. default.

Q: A series of written questions concerning the lawsuit sent to the opposing parties are known as: A. depositions. B. requests for production. C. requests for an admission. D. interrogatories. E. affidavits.

Q: Office Co. has sued Toner Co. and has already filed a complaint. A major issue of dispute is the wording of the original contract. Which discovery method should Office Co. use to get Toner Co. to present the original sales contract? A. Deposition B. Interrogatories C. Extradition D. Request for admission E. Request for production

Q: The judicial standard for interpreting the scope of discovery permits a party to seek information if it: A. will lead to evidence admissible during the trial. B. is immediately indicative of guilt or innocence. C. is clear and convincing evidence of negligence. D. is important enough to the requesting party that they will file a request. E. is protected by lawyer-client confidentiality.