Question 1

Which of the following statements is true of deposition?

Accepted Answer

Depositions are pre-trial examinations of witnesses under oath, and can be used to impeach testimony given by witnesses at trial. Option A refers to testimony given during trial, Option B refers to a statute of limitations, and Option C refers to written interrogatories.

Question 2

What is the purpose of a pretrial hearing?

Accepted Answer

The purpose of a pretrial hearing is to facilitate the settlement of a case before it goes to trial. During the pretrial hearing, the parties may discuss the strengths and weaknesses of their cases, exchange evidence and witness lists, and attempt to negotiate a settlement. This can save time and resources that would be expended in a trial.

Question 3

Interventions are written questions submitted by one party to a lawsuit to the other party.

Accepted Answer

Interventions are actions or procedures used to modify a process or situation, not written questions. The term for written questions submitted by one party to a lawsuit to the other party is "interrogatories."

Question 4

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

Accepted Answer

Interrogatories are written questions submitted by one party to a lawsuit to another party, requesting information that is relevant to the case. Depositions involve oral questioning of a witness or party under oath, while rejoinders are legal responses made by a party to a claim or allegation. A summons is a legal document that notifies a defendant of a lawsuit and requires them to appear in court.

Question 5

The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established.

Accepted Answer

While a motion for judgment on the pleadings can be filed by a plaintiff when the defendant fails to file an answer, this does not automatically establish the defendant's liability. The court still needs to consider the pleadings and determine whether the plaintiff has stated a plausible claim that would entitle them to relief.

Question 6

A deposition is oral testimony given by a party or witness during the trial.

Accepted Answer

A deposition is oral testimony given outside of the trial, typically during the discovery phase of litigation. It is recorded and used as evidence during the trial.

Question 7

The motion for summary judgment 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.

Accepted Answer

The answer of The motion for summary judgment alleges that...

Question 8

________, a pretrial litigation process, serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases.

Accepted Answer

Discovery is a pretrial process that serves the functions of preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting settlement. Pretrial motions focus on legal issues rather than the gathering of evidence. Pleadings refer to the initial documents filed by the parties in a lawsuit. A settlement conference is a meeting between the parties and a neutral third party mediator to attempt to reach a resolution before trial.

Question 9

Which of the following statements is true of deposition?

Accepted Answer

A deposition can be both written or oral. A witness' deposition can be pursuant to a court order or a voluntary agreement. Deposition occurs pre-trial. A deponent is given the chance to review and make corrections to his or her deposition.

Question 10

When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification?

Accepted Answer

The answer of When is it appropriate for a court...

Question 11

Motions for summary judgment are supported by evidence outside of the pleadings.

Accepted Answer

Motions for summary judgment require evidence outside of the pleadings, such as affidavits, declarations, depositions or other documents.

Question 12

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.

Accepted Answer

A motion for judgment on the pleadings argues that even if all the facts presented in the pleadings are true, the moving party is entitled to judgment as a matter of law.

Question 13

A pretrial hearing is also known as a settlement conference.

Accepted Answer

A pretrial hearing is a meeting held before a trial to discuss the case and attempt to reach a settlement.

Question 14

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

Accepted Answer

The motion for judgment on the pleadings is based solely on the pleadings, meaning the complaint and answer filed by the parties. The judge cannot consider any facts outside of these pleadings in making a decision on the motion.

Question 15

In movies and on television, courtroom scenes often include surprises at trial - surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes.

Accepted Answer

The answer of In movies and on television, courtroom scenes...

Question 16

A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature - an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature.
Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered.

Accepted Answer

The answer of A tree falls from Helen Homeowner's property...

Question 17

A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

Accepted Answer

A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

Question 18

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?

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 based on the undisputed facts. This motion is typically made before trial and can result in the case being decided without a jury. The other motions listed are made during or after trial and are not based on the absence of factual disputes.

Question 19

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

Accepted Answer

Deposition is a pre-trial legal procedure in which witnesses or parties provide sworn testimony, typically out of court and recorded for use in trial or discovery. The other options listed involve different legal procedures or actions.

Question 20

Why would a judge require the parties to a lawsuit to appear before the court for a pretrial settlement conference?

Accepted Answer

The answer of Why would a judge require the parties...

Quiz 3: Judicial, Alternative, and E-Dispute Resolution

Which of the following statements is true of deposition?

What is the purpose of a pretrial hearing?

Interventions are written questions submitted by one party to a lawsuit to the other party.

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

The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established.

A deposition is oral testimony given by a party or witness during the trial.

The motion for summary judgment 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.

________, a pretrial litigation process, serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases.

Which of the following statements is true of deposition?

When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification?

Motions for summary judgment are supported by evidence outside of the pleadings.

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 pretrial hearing is also known as a settlement conference.

In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

In movies and on television, courtroom scenes often include surprises at trial - surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes.

A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.

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?

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

Why would a judge require the parties to a lawsuit to appear before the court for a pretrial settlement conference?