Escolar Documentos
Profissional Documentos
Cultura Documentos
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8. The American Institute of Architects has moved from mandatory mediation to mandatory arbitration in
its model contracts,
ANS: F
TOP: mediation
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ANS: T
TOP: pleadings
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12. The plaintiff is the only party in a suit who can counterclaim.
ANS: F
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TOP: counterclaim
13. A motion for judgment on the pleadings is the same as a motion for summary judgment.
ANS: F
TOP: motions
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15. A motion for summary judgment is appropriate only if there are no issues of fact.
ANS: T
TOP: motions
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17. A request for admission that is refused and later proved can carry a penalty of recovery of attorney's
fees.
ANS: T
TOP: admissions
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23. During the plaintiff's case, the defendant conducts direct examination.
ANS: F
TOP: direct
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24. A prima facie case is one that can survive a directed verdict.
ANS: T
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TOP: prima facie case
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28. If a judge grants a motion for a judgment NOV, the effect is a reversal of the jury verdict.
ANS: T
TOP: motions
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29. Arbitration proceedings have less stringent evidentiary standards than trials.
ANS: T
TOP: arbitration
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30. In mediation, the disputing parties use a third party as a go-between to facilitate negotiations.
ANS: T
TOP: mediation
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TOP: mini-trial
32. Early neutral evaluation is a means of alternative dispute resolution used prior to discovery.
ANS: T
TOP: ADR
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34. Summary jury trials offer the perspective of a jury with a shortened version of the case.
ANS: T
TOP: ADR
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38. For evidentiary purposes, accountants' work product and attorneys' work product are treated the same.
ANS: F
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TOP: work product
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41. The effect of a counterclaim is to have the defendant also suing the plaintiff.
ANS: T
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TOP: counterclaim
ANS: T
TOP: juries
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43. The remaining growth area for arbitration is through federal courts.
ANS: F
TOP: arbitration
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44. Rent-a-judge hearings are private hearings arranged by the parties to a dispute.
ANS: T
TOP: ADR
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48. The Federal Arbitration Act (FAA) permits mandatory arbitration in consumer contracts but has yet to
be tested in litigation.
ANS: F
TOP: arbitration
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51. The new discovery rules require lawyers and the parties to voluntarily disclose relevant information at
the beginning of the discovery process.
ANS: T
TOP: discovery
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52. The Arbitration Court of the International Chamber of Commerce handled over 800 arbitration
requests in 2009 and issued over 400 arbitration awards.
ANS: T
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55. Instructions for the jury are given by the lawyers in the case during their closing arguments.
ANS: F
TOP: juries
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57. Under the new discovery rules, work product must also be turned over to the other parties in a case.
ANS: F
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TOP: work product
58. So long as a court has subject matter jurisdiction, there is no need for in personam jurisdiction.
ANS: F
TOP: jurisdiction
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59. In personam jurisdiction is not an issue when one of the parties is from another country.
ANS: F
TOP: jurisdiction
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63. A directed verdict can occur immediately after the pleadings are filed.
ANS: F
TOP: procedure
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64. Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in
litigation.
ANS: F
TOP: discovery
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66. Arbitration is not allowed when federal statutory rights are involved.
ANS: F
TOP: ADR
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67. An arbitration clause that requires a consumer to travel to another state for the arbitration hearing is
void.
ANS: F
TOP: arbitration
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69. The rules of the AAA require the parties to be represented by an attorney.
ANS: F
TOP: arbitration
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70. In general it is okay for jurors to perform internet research concerning the case they are involved in
during the case.
ANS: F
TOP: procedure
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71. In international disputes, it is likely that foreign companies will be required to come to the United
States to bring suit for issues involving the Internet and U.S. companies
ANS: T
TOP: jurisdiction
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ANS: F
TOP: ADR
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MULTIPLE CHOICE
1. Which of the following is the first document filed in a lawsuit?
a. complaint
b. answer
c. pleadings
d. none of the above
ANS: A
TOP: complaints
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5. A counterclaim is:
a. made by a defendant.
b. part of the complaint.
c. part of the interrogatories.
d. none of the above
ANS: A
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TOP: answers
6. A default results when:
a. the plaintiff fails to serve a summons.
b. the defendant fails to file an answer in a timely fashion.
c. a counterclaim is filed.
d. none of the above
ANS: B
TOP: default
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7. This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge.
a. Russell Crowe
b. Dickie Scruggs
c. Zachary Scruggs
d. Jeffrey Wigand
ANS: B
TOP: penalties
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10. Which of the following would not be discoverable in a contract suit requesting lost profits as damages?
a. income tax returns of the business
b. orders of merchandise
c. expense records
d. work product
ANS: D
TOP: discovery
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19. A summons:
a. is served on the plaintiff.
b. can be served by an officer of the court or by private licensed firms.
c. need not be served if the complaint has been filed.
d. none of the above
ANS: B
TOP: summons
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20. Interrogatories:
a. are served on nonparties only.
b. must be answered under oath.
c. must be used before a deposition can be scheduled.
d. none of the above
ANS: B
TOP: discovery
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21. ______ is replacing ______ as the preferred method of business dispute resolution.
a. Litigation; arbitration
b. Arbitration; mediation
c. Mediation; arbitration
d. Litigation; mediation
ANS: C
TOP: arbitration
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26. A complaint filed in a lawsuit could not contain which of the following?
a. a claim for money damages
b. a claim for equitable remedies
c. a claim for an injunction
d. a counterclaim
ANS: D
TOP: complaints
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27. The ______ is the largest ADR provider in the country for commercial disputes.
a. National Arbitration Forum
b. American Arbitration Forum
c. American Arbitration Association
d. American Arbitration Forum
ANS: C
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TOP: ADR providers
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30. Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols'
lawyer suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is
required to do by law. After Echols' lawyer files suit, how can she find out whether Ms. Jones was
wearing her contact lenses?
a. by subpoenaing Ms. Jones
b. by a request to produce
c. by a deposition of Ms. Jones
d. The information is privileged and nondiscoverable.
ANS: C
TOP: discovery
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31. Sam Wasterson is the CEO of Galant, Inc. Galant is being sued by Webtech, a competitor, for antitrust
violations. Webtech's CEO says that he met with Wasterson three times in 1993. He explains, "Check
his calendar. Check his secretary's logs!" The meetings are a critical part of the Webtech case.
Webtech's lawyers:
a. will not be able to obtain the calendar or logs because of the privilege.
b. will obtain the calendar and logs through mandatory discovery or a request for production.
c. will have to show the relevance of the logs and calendars before they can get them.
d. cannot obtain the calendar and logs because of privacy limitations.
ANS: B
TOP: discovery
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32. If privacy is an important requirement for resolution of a company's disputes, which of the following
methods would you recommend?
a. mediation
b. rent-a-judge
c. arbitration
d. All of the above are private and would serve the company's needs.
ANS: D
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TOP: dispute resolution
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35. Hearsay:
a. is never admissible in court.
b. is unreliable evidence.
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36. Which of the following methods of arbitration allows the parties input on the decision-maker(s)?
a. peer review
b. arbitration
c. mediation
d. all of the above
ANS: D
TOP: ADR
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38. Choose the answer that reflects the proper sequence of events in civil procedure:
a. complaint, subpoena, deposition, answer, interrogatories, summons
b. complaint, deposition, answer, counterclaim, affirmative defense
c. complaint, directed verdict, summary judgment, summons, answer
d. complaint, summons, answer, counterclaim, discovery
e. discovery, complaint, summons, answer, counterclaim
ANS: D
TOP: procedure
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40. Which of the following methods of alternative dispute resolution involves a hearing?
a. arbitration
b. mediation
c. negotiated settlement
d. settlement conference
e. All of the above involve hearings.
ANS: A
TOP: ADR
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42. The best means for obtaining access to a defendant companys e-mail in litigation over an atmosphere
of harassment is:
a. deposition.
b. summons.
c. request for production.
d. none of the above
ANS: C
TOP: discovery
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43. Jane has been dunned by her creditors for payment of her credit card bills. But I have disputes over
some of those charges, and I want to go to court under the Fair Credit Billing Act. One of her
creditors points out to Jane that there was an arbitration clause in the terms and conditions given to her
when she was given her credit card. Credit card rights are given by federal law. I dont have to go to
arbitration!
a. Jane is correct; federal credit laws prohibit arbitration.
b. Jane is incorrect; she can be required to go to arbitration.
c. Arbitration applies only to Truth-in-Lending Act issues.
d. none of the above
ANS: B
TOP: arbitration
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44. Which of the following may not be included in the answer to a complaint?
a. admission
b. counterclaim
c. denial
d. all can be included
ANS: A
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TOP: filing lawsuit
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46. Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about
their e-mails and to clean up those files. The e-mail was sent when the SEC was investigating Mr.
Quattrones employer, Credit Suisse First Boston. The destruction of the e-mails:
a. could constitute spoilation.
b. could constitute obstruction of justice.
c. is fine if it is routine.
d. both a and b
ANS: D
TOP: discovery
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48. My E-Medicine, Inc. is a company that offers prescriptions over the Internet. The company has a
worldwide customer base. A company based in France has alleged that My E-Medicine is selling a
generic drug that violates the French company's patent. The company has filed suit against My EMedicine in France and has sought to use the U.S. Marshal in the United States to serve process for the
suit. Which of the following best describes the rights of My E-Medicine?
a. My E-Medicine can be required to go to France to defend the lawsuit because it sells its
products there.
b. My E-Medicine has violated the Computer Fraud and Abuse Act.
c. My E-Medicine can challenge the jurisdiction of the U.S. Marshals here in federal district
court.
d. My E-Medicine is not responsible for the patent infringement of another company.
e. none of the above
ANS: C
TOP: jurisdiction
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50. Amanda Reiss was injured at a wedding reception at a private home. Amanda tripped over a piece of
rebar that was sticking from the end of one portion of a sidewalk leading to the front door. Amandas
lawyer believes that the homeowners were aware of the rebar problem and that other guests to the
home had tripped over it but not been injured. How can Amandas lawyer get the information about the
homeowners knowledge?
a. he cannot because they are not required to talk with Amandas lawyers
b. he can depose the homeowners
c. he can depose others who have been guests
d. both b and c
ANS: D
TOP: discovery
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51. What are the sanctions for the failure to admit facts made through a request for admissions?
a. judgment is awarded against the party who failed to admit the facts later proven
b. the cost of proving the facts not admitted may be assessed against the party who failed to
admit those facts
c. the case is dismissed
52. Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRGs
clients is Renar Corporation. Renar is the defendant in the case for which Jack has been called for the
jury panel. The attorney for the plaintiff who is suing Renar:
a. could have Jack struck from the panel for cause.
b. cannot have Jack struck just because his company has the defendant as a client.
c. has no recourse because the jury is a wild card in litigation.
d. none of the above
ANS: A
TOP: trial process
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53. Who conducts cross-examination when the defendant is presenting its case?
a. the defendant because the defendant always does cross-examination
b. the plaintiff
c. the judge because the burden of proof has shifted
d. none of the above
ANS: B
TOP: trial process
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55. What type of scientific/expert testimony requires a higher standard of review before it can be used in
court?
a. any academic studies
b. any studies developed for use at trial
c. any studies in an area in which experts differ
d. none of the above
ANS: B
TOP: trial process
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1. Realty Partners, Inc. is being sued by a buyer who bought a home listed by Realty Partners. Realty
earned a commission on the sale. The buyer is suing because the house has termites. Realty had
obtained an inspector's report that described the home as "termite-free." Realty has brought the
inspector into the lawsuit (added inspector as a cross-claimant). What type of information does Realty
need? How can it be obtained?
ANS:
Through discovery process: interrogatories, requests for production of documents, requests for
admission, deposition of inspector.
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TOP: discovery
2. List the information that will be required to file a valid complaint on a breach of contract suit.
ANS:
(1) Court and subject matter jurisdiction
(2) Venue
(3) Statement of facts - when contract entered into and its provisions; what was not performed
(4) Claim for damages - money and/or equitable relief such as change in behavior
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TOP: complaints
TOP: litigation
Litigation
Public
Slow moving
Must follow procedure exactly
Rules of evidence apply
Results are binding
No specific expertise - just a trial judge
7. List and describe the forms of alternative dispute resolution other than arbitration.
ANS:
Mediation:
Rent-a-judge:
Mini-trial:
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TOP: ADR
8. Name and describe three types of motions that can be made prior to trial.
ANS:
Motion to dismiss: Made when there is no cause of action stated in the complaint or when a court lacks
jurisdiction.
Motion for judgment on the pleadings: Made when even if everything in the pleadings is correct, there
is no cause of action stated.
Motion for summary judgment: Made when there are no factual issues, only a dispute of law.
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TOP: motions
9. Joan Evans has rented a storage locker at Storage 'R' Us for the past two years. She has discovered
another storage locker facility that is nearby is climate-controlled, and only costs a few dollars more
per month to rent. Joan has decided to end her lease at Storage 'R' Us and move her things to the
climate-controlled facility. The management at Storage 'R' Us has refused to refund Joan's $35 security
deposit. Joan's contract provides that if she sweeps out her locker and no damage is done, the deposit
will be returned. Joan has swept the locker, and there is no damage in her unit. What suggestions can
you give Joan for resolving the dispute?
ANS:
Evans could try small claims court. She could have her case heard and need not have an attorney.
Evans could also try a mediator or could possibly use a private court such as rent-a-judge. The
important thing is to resolve the dispute without great expense since the amount involved is so small.
But Evans will still have the opportunity to enforce her rights through the courts if other efforts fail.
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TOP: ADR
10. Explain the jurisdiction of courts within one nation over businesses from other nations.
ANS:
If the business is operating, entering into contracts, or advertising in a country, it is subject to that
country's regulations and laws and also its court's jurisdiction.
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TOP: jurisdiction
11. Discuss the issues for businesses concerning potential litigation and portable devices such as
smartphones and laptops.
ANS:
Smartphones and laptops can be used outside of a physical workplace and may be treated as a personal
device instead of a work device. In the event of litigation, the messages and other communications
may be obtained by the opposing party. Companies need to be aware of its legal responsibilities and
develop policies that protect the company and follow the legal requirements.
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TOP: discovery
Mediation
discussions
recommendations
no decision
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TOP: ADR
The attorney/client privilege allows clients to communicate openly and candidly with their lawyers
without the fear that the lawyer will be required to disclose the information revealed. The information
is protected by the lawyer under the rules of client confidentiality. There are only limited exceptions
for the lawyer being required to disclose what was discussed, such as the client indicating an intent to
commit a crime.
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14.
Discuss why mediation is replacing arbitration as the preferred method of business dispute resolution.
ANS:
Arbitration has become thought of as too similar to litigation; since many businesses shifted to
arbitration to avoid litigation, this is not viewed as a positive sign for business.
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TOP: mediation
15. List the types of costs a company involved in litigation experiences. List the costs that can result if
litigation is not pursued.
ANS:
Costs of litigating:
Legal costs
Time costs (downtime)
Image costs
Capital costs
Costs of not litigating:
Loss of copyright/tradename protection
Public relations damages
Maybe existence of the company
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