The Legal Environment of Business and Online Commerce, 7e (Cheeseman)
Chapter 4 Judicial, Alternative, and E-Dispute Resolution
1) The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as
the pleadings.
2) A class action is a court order directing the defendant to appear in court and answer the
complaint.
3) An answer is the defendant’s written response to a plaintiff’s complaint that is filed with the
court and served on the plaintiff.
4) If the defendant does not answer the complaint, a default judgment is entered against him or
her.
5) Once a default judgment is established, the plaintiff only has to prove damages.
6) A plaintiff who believes that he or she has been injured by the defendant can file a cross-
complaint against the defendant.
7) A reply is a document filed by the original plaintiff in response to the defendant’s cross-
complaint.
8) A defendant can answer a complaint and file a cross-complaint at the same time.
9) The act of people interested in the lawsuit joining as parties to an existing lawsuit is called
arbitration.
10) When a group of plaintiffs with common claims collectively bring a lawsuit against a
defendant, it is known as consolidation.
11) A class action lawsuit is certified only if there is commonality among the plaintiffs’ claims.
12) In a case of personal injury due to an accident, the statute of limitations begins to “run” at the
time the accident occurs.
13) A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.
14) A deposition is oral testimony given by a party or witness during the trial.
15) Interventions are written questions submitted by one party to a lawsuit to the other party.
16) A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.
17) Motions for summary judgment are supported by evidence outside of the pleadings.
18) In deciding the motion for judgment on the pleadings, the judge also considers facts outside
the pleadings.
19) A pretrial hearing is also known as a settlement conference.
20) Voir dire is the process whereby the jurors ask prospective judges questions to determine
whether they would be biased in their decisions.
21) A trial is conducted with a jury only when the defendant requests a jury trial.
22) After a witness is sworn in, he or she is cross-examined by the plaintiff’s attorney.
23) In a rejoinder, the defendant’s attorney can call additional witnesses and introduce other
evidence to counter the rebuttal.
24) Only the defendant can appeal in a criminal case.
25) Negotiation is a procedure whereby the parties choose an impartial third party to hear and
decide the dispute.
26) In a litigation process, the party who files a complaint is called the ________.
A) bailiff
B) plaintiff
C) prosecutor
D) defendant
27) Once a complaint has been filed with the court, the court will issue a ________, directing the
defendant to appear in court.
A) answer
B) rejoinder
C) summons
D) judicial restraint
28) In which of the following cases is a default judgment entered?
A) A defendant admits all the allegations in the complaint.
B) There is insufficient evidence to resolve the dispute.
C) The court believes that the lawsuit can be settled before/without trial.
D) A defendant does not file a written response to a plaintiff’s complaint.
29) A defendant who believes that he or she has been injured by the plaintiff can file a(n)
________ against the plaintiff.
A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal
30) A(n) ________ is a document filed by the original plaintiff to answer the defendant’s cross-
complaint.
A) rejoinder
B) answer
C) reply
D) plea
31) The act of other interested parties joining as parties to an existing lawsuit is termed as
________.
A) intervention
B) consolidation
C) class action
D) arbitration
32) Which of the following can be filed by the defendant of a lawsuit?
A) complaint
B) answer
C) reply
D) injunction
33) In which of the following cases does a class action occur?
A) There are no factual disputes to be decided by the jury.
B) The defendant has multiple grounds for appeal.
C) A group of plaintiffs collectively bring a lawsuit against a defendant.
D) The plaintiff does not reply to the defender’s cross-complaint.
34) Which of the following statements is true about the pretrial litigation process?
A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant’s liability.
35) The statute of limitations establishes the period within which ________.
A) a plaintiff must bring a lawsuit against a defendant
B) a defendant must file a written answer against a plaintiff’s complaint
C) a defendant can file a cross-complaint against the plaintiff
D) a motion for judgment on the pleadings can be made by either party
36) The state of Idaho has a two-year statute of limitations for personal injury actions. Graham
was injured by Alice in a car accident on January 1, 2011. If Graham wants to bring a lawsuit
against Alice on January 15, 2013, which of the following is most likely to be the outcome?
A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
C) Graham can sue Alice but will not receive damages.
D) Graham can sue Alice but is not entitled to a jury trial.
37) The term ________ refers to the oral testimony given by a party or witness prior to trial.
A) class action
B) deposition
C) interrogatory
D) intervention
38) Which of the following statements is true of deposition?
A) A deposition has to be a written statement.
B) A witness’ deposition is voluntary and not pursuant to a court order.
C) Deposition is given post trial.
D) A deponent is given a chance to correct his or her deposition.
39) ________ are written questions submitted by one party to a lawsuit to another party.
A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons
40) Which of the following motions asserts that there are no factual disputes to be decided by the
jury, and that the judge can apply the proper law to the undisputed facts and decide the case
without a jury?
A) motion for summary judgment
B) motion for judgment on the pleadings
C) motion for a directed verdict
D) motion for judgment notwithstanding the verdict
41) A ________ alleges that if all the facts presented in the paperwork filed with the court to
initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit
when the proper law is applied to these facts.
A) motion for judgment on the pleadings
B) motion for summary judgment
C) motion for judgment notwithstanding the verdict
D) motion to set aside judgment
42) What is the purpose of a pretrial hearing?
A) requesting the other party to produce all documents relevant to the case
B) assessing the factual accuracy of the deposition of witnesses
C) instructing the judge to decide the case without a jury
D) facilitating the settlement of a case before it goes to trial
43) Which of the following statements is true of a court trial?
A) All civil cases are tried with a jury.
B) The judge is the trier of fact in a jury trial.
C) A jury is not required in a trial unless both parties request one.
D) Prospective jurors are questioned by lawyers for each party.
44) ________ is the process whereby the judge and attorneys ask prospective jurors questions to
determine whether they would be biased in their decisions.
A) Consolidation
B) Trial of fact
C) Voir dire
D) Intervention
45) What is direct examination?
A) inspection and verification of all documents related to a trial by the judge
B) inspection and verification of all documents related to a trial by the jurors
C) witnesses being questioned by the plaintiff’s attorney
D) prospective jurors being questioned by the judge or lawyers of each party
46) What is cross-examination?
A) inspection of evidence by the trier of facts
B) prospective jurors being questioned by the judge or lawyers of each party
C) witnesses being questioned by the plaintiff’s attorney
D) witnesses being questioned by the defendant’s attorney
47) Which of the following statements best describes re-direct examination?
A) The plaintiff’s attorney questions the witness who was questioned by the defendant’s attorney
B) The plaintiff’s attorney questions the witness before he or she is questioned by the defendant’s
attorney.
C) The defendant’s attorney questions the witness who was questioned by the plaintiff’s attorney.
D) The defendant’s attorney questions the witness before he or she is questioned by the plaintiff’s
attorney.
48) Which of the following statements is true of the plaintiff’s case?
A) The plaintiff’s attorney examines the witnesses during cross-examination.
B) The defendant’s attorney examines the witnesses during re-direct examination.
C) The defendant’s attorney can ask questions only about the subjects that were brought up
during the direct examination.
D) Documents and other evidence have to be introduced before the first witness is subject to
direct examination.
49) After the defendant’s attorney has finished calling witnesses, the plaintiff’s attorney can call
witnesses and put forth evidence to disprove the defendant’s case. This is called a ________.
A) rebuttal
B) rejoinder
C) closing argument
D) deliberation
50) What is jury deliberation?
A) jurors re-questioning a particular witness from one of the parties
B) jurors considering the evidence and attempting to reach a decision
C) jury and the judge disagreeing on the outcome of the case
D) jurors being replaced in case of illness or disqualification
51) Which of the following terms refers to the overturn of verdict when jury misconduct is
detected?
A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings
52) In a civil case John Deer vs. Jane Doe, the judge finds that the jury was swayed by the fact
that Jane Doe was a woman when passing the verdict in her favor. Owing to this, the judge
reduces the damages awarded to Jane by $20,000. This act is called ________.
A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings
53) The appealing party in an appeal is called a(n) ________.
A) appellate
B) appellee
C) respondent
D) petitioner
54) Which of the following statements is true about appellate courts?
A) Appellate courts cannot reverse a finding of fact made by the jury.
B) Appellate courts cannot reverse a finding of fact made by the judge.
C) Appellate courts permit brief oral arguments between attorneys.
D) An appellate court cannot reverse a decision of a lower court.
55) Which of the following is a method of alternative dispute resolution?
A) pretrial hearing
B) settlement conference
C) appeal
D) fact- finding
56) Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of
their inheritance from their grandmother. They wish to settle their case out of court. Rita and
Robert engage in discussions and bargaining with the presence of their attorneys and finally
conclude that Robert keeps 60 percent of the inheritance while Rita gets the remainder. In this
scenario, the ________ method of alternative dispute resolution is used.
A) negotiation
B) arbitration
C) mini-trial
D) mediation
57) Which of the following statements best represents the distinction between binding and
nonbinding arbitration?
A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a
judge.
B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the
courts.
C) A nonbinding arbitration takes place at a court, in the presence of the jury.
D) A nonbinding arbitration implies that the arbitrator’s decision must be reinforced by the
courts.
58) Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?
A) The FAA restricts parties from obtaining a court order to compel arbitration with an
arbitration agreement.
B) The FAA restricts federal courts from hearing issues of law that have been decided by an
arbitrator.
C) The FAA provides that arbitration agreements involving commerce are revocable contracts
under ordinary circumstances.
D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.
59) In which of the following methods of alternative dispute resolution must parties to a case
employ a neutral third party to settle their dispute?
A) negotiation
B) mini-trial
C) e-court
D) fact-finding
60) A(n) ________ is a voluntary private proceeding in which lawyers for each side present a
shortened version of their case to the representatives of both sides.
A) pretrial hearing
B) arbitration
C) mini-trial
D) appeal
61) Briefly explain the steps involved in the pretrial litigation process.
62) Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with
full knowledge?
63) Differentiate between trials with and without jury.
64) What can a party to a lawsuit do if he or she is displeased with the trial court’s judgment?
65) If two parties to a lawsuit can afford the finances to conduct a mini-trial, would it not be
beneficial for them to conduct a complete court trial instead?
66) The process of bringing, maintaining, and defending a lawsuit is called ________.
67) The ________ is the party who files a complaint.
68) A defendant who believes that he or she has been injured by the plaintiff can file a ________
against the plaintiff.
69) The act of others to join as parties to an existing lawsuit is termed as ________.
70) The act of a court to combine two or more separate lawsuits into one lawsuit is termed as
________.
71) A lawsuit where a group of plaintiffs with common claims collectively bring a lawsuit
against a defendant is known as ________.
72) A(n) ________ establishes the period during which a plaintiff must bring a lawsuit against a
defendant.
73) A(n) ________ is oral testimony given by a party or witness prior to trial.
74) The deposition of a(n) ________ can be given voluntarily or pursuant to a court order.
75) ________ alleges that if all the facts presented in the pleadings are taken as true, the party
making the motion would win the lawsuit when the proper law is applied to these asserted facts.
76) ________ asserts that there are no factual disputes to be decided by the jury and that the
judge should apply the relevant law to the undisputed facts and decide the case.
77) A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.
78) The process whereby the judge and attorneys ask prospective jurors questions to determine
whether they would be biased in their decisions is called ________.
79) Only the ________ can appeal in a criminal case.
80) ________ is a form of negotiation in which a neutral third party assists the disputing parties
in reaching a settlement of their dispute.
81) A(n) ________ is a voluntary private proceeding in which lawyers for each side present a
shortened version of their case to the representatives of both sides.