114. Sanctions for discovery abuse:
a. are payments or a type of fine or penalty for not disclosing evidence.
b. are unconstitutional.
c. cannot include cash payments.
d. none of the above
115. 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. Quattrone’s 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
116. The standard for admitting expert testimony in a trial is:
a. the judge must find the expert is reliable.
b. the judge must fine that the expert’s testimony is relevant.
c. all expert testimony is admitted.
d. both a and b
117. 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 E-Medicine 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
118. When is a motion for a directed verdict properly made?
a. after the defendant has filed its answer
b. after summary judgment has been granted
c. after the plaintiff has presented its case
d. only at the appellate court level
119. 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. Amanda’s 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 Amanda’s lawyer get the information about the homeowner’s knowledge?
a. he cannot because they are not required to talk with Amanda’s lawyers
b. he can depose the homeowners
c. he can depose others who have been guests
d. both b and c
120. 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
d. none of the above
121. Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRG’s 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
122. 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
123. A prima face case:
a. is one that has met the elements of proof.
b. is one that is dismissed following a motion for a directed verdict.
c. is a term that applies in criminal law only.
d. both a and c
124. 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
125. If there is a hung jury:
a. the case must be dismissed.
b. the judge finds in favor of the defendant.
c. the case can be retried.
d. the judge can grant summary judgment.
126. 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?
127. List the information that will be required to file a valid complaint on a breach of contract suit.
128. Outline the steps involved in litigation.
129. Explain the differences between arbitration and litigation.
130. What is a hung jury and what is its effect?
131. Describe the role of jury selection consultants.
132. List and describe the forms of alternative dispute resolution other than arbitration.
Mediation: Third party intervenes in an attempt to bring the disputing parties
133. Name and describe three types of motions that can be made prior to trial.
134. 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?
135. Explain the jurisdiction of courts within one nation over businesses from other nations.
136. Discuss the issues for businesses concerning potential litigation and portable devices such as smartphones and
laptops.
137. What are the differences between arbitration and mediation?
138. Explain the attorney/client privilege.
139. Discuss why mediation is replacing arbitration as the preferred method of business dispute resolution.
140. List the types of costs a company involved in litigation experiences. List the costs that can result if litigation is not
pursued.
141. Flozell Adams is a professional football player formerly with the Dallas Cowboys. He submitted a claim in
arbitration against his agent, Roosevelt Barnes (according to the terms of their contract for fees and the union rules
for settlement of player disputes with agents). He said Barnes owed him because of overpayment on his contracts
that Barnes negotiated for him with the Cowboys. Adams was notified of the binding arbitration hearing date.
When he arrived, he said he was unaware of his right to counsel and asked for a postponement of the hearing so
that he could retain counsel. His request was denied. The arbitrator found for Barnes for the contract for the eight
seasons Adams played for the Cowboys. Barnes did not owe any money to Adams. In fact, the arbitrator found
that Adams owed Barnes fees for his contracts for three of the Cowboys’ seasons. Adams then filed suit to have
the arbitration award set aside because he said the arbitrator was biased and that the arbitrator ignored the statute
of limitations on some of the contracts. Which of the following best describes what the court can do about the
arbitration award?
a. Arbitration awards can be set aside if the finding is inconsistent with the law.
b. Arbitration awards are rarely set aside.
c. Arbitration awards can be set aside if the losing party feels the arbitrator was biased.
d. Arbitration awards can be set aside only after an actual trial is held.
142. A jury selection firm working for a plaintiff in a slip-and-fall case culled through the jurors’ Facebook pages and
found that one of the jurors had dated the plaintiff. Which of the following is correct about the plaintiff’s rights
during jury selection?
a. The juror can be removed for cause.
b. Lawyers are not permitted to use information placed on Facebook for purposes of striking jurors.
c. The juror cannot be removed for cause, but the plaintiff’s lawyer could use a peremptory challenge.
d. The juror can be struck with a peremptory challenge, but the lawyer will have to give a reason.
143. John Redmond was not paid for trim carpentry work that he did for Brenda Knighton in her home. Ms. Knighton
does not dispute that Redmond did the work, but she says that he waited too long to file the suit because the time
for suit is measured from the time the work began, which was over 4 years ago, and not from the time she failed to
pay, which was two years ago. The statute of limitations in their state is four years. Which of the following is a
correct statement?
a. The case must be dismissed because of the statute of limitations.
b. The case qualifies for a directed verdict.
c. The case can be decided on a summary judgment motion.
d. The case can be dismissed on a judgment on the pleadings.