Question 1

A trial is conducted with a jury only when the defendant requests a jury trial.

Accepted Answer

A trial can be conducted with a judge alone or with a jury, depending on the jurisdiction and type of case. In some cases, the defendant may request a jury trial while in others, it may be automatic or at the discretion of the court.

Question 2

________ are written questions submitted by one party to a lawsuit to another party.
A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons

Accepted Answer

Interrogatories are specifically written questions submitted by one party to a lawsuit to another party. Depositions are oral testimonies taken under oath outside of court, and rejoinders are a type of response to an argument. Summons is a legal document that notifies a defendant of a lawsuit and their obligation to respond to it.

Question 3

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Accepted Answer

Negotiation is actually a procedure whereby parties involved in a dispute try to reach a mutually agreeable solution without the involvement of an impartial third party.

Question 4

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

Accepted Answer

A motion for summary judgment asserts that there are no factual disputes and that the judge can decide the case based on undisputed facts and applicable law. A motion for judgment on the pleadings seeks a judgment based solely on the pleadings without the need for further evidence. A motion for a directed verdict is made after presentation of evidence and asks the judge to enter a verdict for one party because the other party has failed to present sufficient evidence to support their position. A motion for judgment notwithstanding the verdict is made after a jury verdict and asks the judge to set aside the verdict and enter a judgment in favor of the other party because the jury's decision was unreasonable or against the weight of the evidence.

Question 5

Only the defendant can appeal in a criminal case.

Accepted Answer

This statement is true. In a criminal case, only the defendant has the right to appeal the verdict or sentence. The prosecution cannot appeal the verdict or sentence, unless there was a procedural error during the trial that affected their ability to present their case.

Question 6

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.

Accepted Answer

A default judgment is entered against a defendant when they fail to respond to a complaint, effectively establishing the defendant's liability for the claims made in the complaint.

Question 7

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

Accepted Answer

The statute of limitations establishes the period within which a plaintiff must bring a lawsuit against a defendant. This time period varies depending on the type of case and the jurisdiction, but once the statute of limitations has expired, the plaintiff can no longer bring a claim against the defendant.

Question 8

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.

Accepted Answer

A class action occurs when a group of plaintiffs collectively bring a lawsuit against a defendant.

Question 9

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

Accepted Answer

The act of other interested parties joining as parties to an existing lawsuit is termed as intervention. Consolidation is the merger of multiple lawsuits into one. Class action is a lawsuit where a large group of people collectively sue a defendant. Arbitration is a method of resolving disputes outside of court.

Question 10

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.

Accepted Answer

A deponent is given the opportunity to review and make any necessary corrections to their deposition transcript after it is taken. This is known as a "deposition errata sheet." A deposition can also be given orally, but it is usually recorded and transcribed into a written statement. A witness' deposition can be voluntary or compelled through a court order. Depositions usually occur before a trial as a form of pre-trial discovery.

Question 11

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

Accepted Answer

A summons is a legal document issued by the court that requires the defendant to appear in court and respond to the complaint that has been filed against them. The other options, such as answer or rejoinder, are legal terms that refer to the defendant's response to the complaint after they have received the summons. Judicial restraint, on the other hand, refers to a concept in constitutional law that limits the power of the judiciary to overturn laws or governmental actions.

Question 12

Which of the following can be filed by the defendant of a lawsuit?
A) complaint
B) answer
C) reply
D) injunction

Accepted Answer

The defendant of a lawsuit can file an answer, which is a formal written response to the plaintiff's complaint. An answer generally denies the allegations made in the complaint, and may also include any defenses the defendant wishes to raise. The other options listed are typically filed by the plaintiff.

Question 13

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

Accepted Answer

A cross-complaint is a legal action filed by a defendant against the plaintiff, alleging that the plaintiff has caused damages or injuries to the defendant. This is a way for the defendant to assert their own claims and seek damages or relief from the plaintiff. An injunction is a court order requiring a person to do or not do a specific action; a rejoinder is a reply by the plaintiff to the defendant's answer or counterclaim; and a rebuttal is a refutation or contradiction of the plaintiff's evidence or arguments.

Question 14

After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.

Accepted Answer

After a witness is sworn in, he or she is first examined by the direct examiner (usually the attorney for the party that called the witness). The opposing party's attorney then cross-examines the witness.

Question 15

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.

Accepted Answer

The statute of limitations in Idaho for personal injury actions is two years, and Graham waited until January 15, 2013 to bring a lawsuit against Alice. This means that Graham has lost his right to sue Alice due to the expiration of the statute of limitations. Option A is unlikely since it is difficult to appeal for an extension of the statute of limitations. Option C is not accurate, as Graham can still receive damages if he files his lawsuit within the statute of limitations. Option D is also incorrect because Graham would be entitled to a jury trial if he filed his lawsuit within the statute of limitations.

Question 16

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

Accepted Answer

A reply is the proper document filed by the original plaintiff in response to the defendant's cross-complaint. A rejoinder is a response to a reply, and a plea is a formal statement made by the defendant in response to charges against them.

Question 17

In a litigation process, the party who files a complaint is called the ________.
A) bailiff
B) plaintiff
C) prosecutor
D) defendant

Accepted Answer

The plaintiff is the party who initiates the litigation process by filing a complaint against another party, known as the defendant. The bailiff is a court official responsible for maintaining order and security in the courtroom. The prosecutor is a government official who brings criminal charges against a defendant.

Question 18

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

Accepted Answer

A deposition is a pre-trial oral testimony given by a party or a witness, which is taken under oath and recorded for use in court. Class action, interrogatory, and intervention are all legal terms, but they do not specifically refer to pre-trial oral testimony.

Question 19

In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Accepted Answer

In a rejoinder, the defendant's attorney has the opportunity to present additional evidence and call witnesses to counter the rebuttal presented by the plaintiff's attorney.

Question 20

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.

Accepted Answer

A default judgment is entered if the defendant fails to respond to the plaintiff's complaint within the time required by law. This means that the court will automatically find in favor of the plaintiff and award damages without a trial. A, B, and C are not situations in which a default judgment would be entered.

Quiz 4: Judicial, Alternative, and E-Dispute Resolution

A trial is conducted with a jury only when the defendant requests a jury trial.

________ are written questions submitted by one party to a lawsuit to another party.

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

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?

Only the defendant can appeal in a criminal case.

Which of the following statements is true about the pretrial litigation process?

The statute of limitations establishes the period within which ________.

In which of the following cases does a class action occur?

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Which of the following statements is true of deposition?

Once a complaint has been filed with the court, the court will issue a ________, directing the defendant to appear in court.

Which of the following can be filed by the defendant of a lawsuit?

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.

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(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

In a litigation process, the party who files a complaint is called the ________.

The term ________ refers to the oral testimony given by a party or witness prior to trial.

In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

In which of the following cases is a default judgment entered?