Question 1

If Sam was on vacation in Mexico and forgot to serve the lawsuit he wanted to bring against Delia until 1 month after the statute of limitations period,what is the most likely result?

Accepted Answer

The statute of limitations is a legal deadline by which a lawsuit must be filed. If Sam missed the deadline, he will likely lose his right to sue Delia. This is because the statute of limitations is a fundamental legal concept that applies in many countries, including Mexico. Therefore, it is unlikely that Sam will be able to sue Delia regardless of any deals he may try to make with her.

Question 2

George has served Mary with a complaint alleging that she trespassed on his property.Mary has never been sued before and as such,she seeks your advice on what to do with the complaint.You advise that she:

Accepted Answer

Mary should answer George's complaint by admitting or denying the allegations that have been asserted against her. This is the standard response in a civil lawsuit and is required by law. By failing to respond or providing affirmative defenses, Mary would risk a default judgment being entered against her, meaning that George could automatically win the lawsuit without any input from Mary. It is important for Mary to respond promptly and accurately to the allegations in order to protect her rights and interests in the case. Writing a letter to the judge or ignoring the complaint are not appropriate options in this situation.

Question 3

Which of the following is true about cross examination of a plaintiff's witness in a trial?

Accepted Answer

Cross examination of a plaintiff's witness is conducted by the defendant's attorney and can cover only matters that were brought up in the direct examination. The purpose of cross examination is to test the witness's credibility and to expose any inconsistencies or weaknesses in their testimony that could weaken the plaintiff's case. However, the cross examiner is limited to asking questions based on the topics that were introduced in the direct examination. This is known as the rule of "examination in chief" or the "rule of completeness."

Question 4

A party who is making a motion for summary judgment is asserting that:

Accepted Answer

A motion for summary judgment asserts that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law, making a jury trial unnecessary.

Question 5

Which of the following is true regarding mediation?

Accepted Answer

Mediation is a non-binding process in which a neutral third party - the mediator - facilitates communication and negotiation between the parties but does not make a decision or an award. Option B is incorrect because the ultimate goal of mediation is to reach a settlement agreement between the parties. Option A may or may not be true, depending on the mediator's style and the preferences of the parties. Option D is incorrect because parties can continue to work with the same mediator or choose a different mediator if needed.

Question 6

Under what circumstances is it appropriate for a judge to issue a judgment n.o.v.?

Accepted Answer

A judgment n.o.v. (non obstante veredicto) may be appropriate when the evidence presented at trial cannot reasonably support the jury's verdict. In other words, if the evidence does not meet the legal standard necessary for the verdict to be valid, the judge may overturn it and enter judgment in favor of the other party. It is not simply a matter of the judge disagreeing with the jury's decision, but rather a legal determination based on the sufficiency of the evidence.

Question 7

Someone who is not a party to a lawsuit but has an interest in the outcome and therefore wants to become a party to the suit must:

Accepted Answer

The answer of Someone who is not a party to...

Question 8

A motion asserting that there are no factual issues in dispute in a trial is known as a:

Accepted Answer

A motion for summary judgment asserts that there are no factual disputes and requests the court to rule in favor of the moving party based on the law and the undisputed facts. It is typically filed after discovery has been completed and before trial, and it can be granted only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Question 9

Which of the following would be examples of affirmative defenses Henry,a defendant,might assert in answering a complaint alleging personal injury being brought by Lisa?

Accepted Answer

All three options are examples of affirmative defenses that Henry could assert in response to Lisa's complaint. A self-defense argument would claim that Henry's actions were necessary to protect himself from harm. The statute of limitations defense argues that Lisa has waited too long to file her complaint. Contributory negligence argues that Lisa played a role in causing her own injuries, and therefore should not be entitled to full compensation.

Question 10

Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but no posted signs or traffic lights.They are in agreement as to everything that happened in the accident,including the locations of the two cars and the timing of events leading to the accident.Based on their pleadings and on information obtained during discovery,the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided.The appropriate motion for one of the parties to file is:

Accepted Answer

A motion for summary judgment is the best choice as there is no genuine issue of material fact in this case, and the only dispute is the interpretation of the state law. The court can make a legal determination based on the pleadings and evidence presented in discovery without the necessity of a trial. A motion for judgment on the pleadings and motion for judgment n.o.v. are not appropriate as there are no issues with the pleadings or verdict.

Question 11

Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?

Accepted Answer

Arbitration is the form of alternative dispute resolution where the parties select a neutral third party to hear and decide their dispute, typically in a private setting.

Question 12

Is it reasonable for appellate courts to not hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal.If this is the case,wouldn't justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available,should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury?

Accepted Answer

The answer of Is it reasonable for appellate courts to...

Question 13

Which of the following is true with regard to arbitration?

Accepted Answer

All of these options are correct. Arbitration is a less formal process than litigation, and thus, less formal evidentiary rules typically apply at arbitration hearings. Arbitrators enter awards, which are decisions made after the arbitration process has been completed. Additionally, the parties typically agree to be bound by the arbitrator's decision and award, meaning that they will abide by the outcome decided by the arbitrator.

Question 14

What is "voir dire?"

Accepted Answer

Voir dire is the process of selecting a jury. During voir dire, potential jurors are questioned and screened to determine their suitability to serve on a particular case.

Question 15

If the discovery process results in learning about the other side's case,what is the purpose of having a trial? Wouldn't it be redundant to have the trial if both parties already know what is going to be said?

Accepted Answer

The answer of If the discovery process results in learning...

Question 16

Which of the following is not a purpose of discovery?

Accepted Answer

Discovery is intended to gather and preserve evidence, not to avoid its use at trial.

Question 17

In a civil case,which of the following is true about the order of the presentation of the case?

Accepted Answer

In a civil case, the plaintiff, who has the burden of proof, presents their case first, followed by the defendant.

Question 18

Forms of discovery include all but which one of the following?

Accepted Answer

Voir dire is not a form of discovery. The other options listed are all forms of discovery used in legal proceedings.

Question 19

Mable has balanced the cost against the benefit of bringing a lawsuit against Harvey.She has decided to sue him for monies owed to her as per a contract the two entered into.However,she would much rather settle her case at the pretrial hearing.If you were advising her about the statistics of cases that settle before they go to trial,what would you tell her?

Accepted Answer

The answer of Mable has balanced the cost against the...

Question 20

Which of the following pleadings could typically be filed by a defendant in a lawsuit?

Accepted Answer

A defendant in a lawsuit can file an answer to the plaintiff's complaint, as well as a cross-complaint against the plaintiff or other parties involved in the lawsuit. Therefore, the best choice is D, which includes both an answer and a cross-complaint. Choices A, B, C, and E include other pleadings that may be filed in a lawsuit, but not typically by a defendant.

Quiz 3: Judicial, Alternative, and Online Dispute Resolution