Business Its Legal, Ethical, and Global Environment: Chapter 4. All Answers

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1. A lawsuit begins with the filing of a complaint or petition. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDA... RDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Knowledge 2. Statutes of limitations are always four years. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Knowledge 3. To be valid, a complaint must have every fact listed in it. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Application 4. A complaint must establish subject matter jurisdiction. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Comprehension 5. Venue is the subject matter jurisdiction of a court. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Summons KEYWORDS: Bloom's: Comprehension 6. Specific performance is an equitable remedy. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Application 7. Injunctions are equitable remedies. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Application 8. The summons is the same document as the complaint. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Summons KEYWORDS: Bloom's: Comprehension 9. The complaint and are both pleadings. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How Does a Lawsuit Start? KEYWORDS: Bloom's: Comprehension 10. A default is entered when the defendant counterclaims. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Comprehension 11. The plaintiff is the only party in a suit who can counterclaim. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Comprehension 12. A motion for judgment on the pleadings is the same as a motion for summary judgment. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Comprehension 13. A motion to dismiss must be filed before an is filed. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Comprehension 14. A motion for summary judgment is appropriate only if there are no issues of fact. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Knowledge 15. Interrogatories must be ed in writing and under oath. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 16. A request for admission that is refused and later proved can carry a penalty of recovery of attorney's fees. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 17. Depositions are generally taken in the courtroom. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 18. Work product is discoverable. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 19. Every trial requires a jury. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 20. Voir dire is the process of screening prospective jurors. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 21. A peremptory challenge is a challenge for cause. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 22. During the plaintiff's case, the defendant conducts direct examination. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 23. A prima facie case is one that can survive a directed verdict. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 24. All hearsay is inadmissible as evidence. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 25. Jury instructions explain to jurors how to elect a foreman. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 26. A hung jury requires a retrial of the case. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 27. If a judge grants a motion for a judgment NOV, the effect is a reversal of the jury verdict. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 28. Arbitration proceedings have less stringent evidentiary standards than trials. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 29. In mediation, the disputing parties use a third party as a go-between to facilitate negotiations. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 30. A mini-trial is a public method of dispute resolution. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 31. Early neutral evaluation is a means of alternative dispute resolution used prior to discovery. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 32. Rent-a-judge facilities are private operations. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 33. Summary jury trials offer the perspective of a jury with a shortened version of the case. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 34. The results of an arbitration hearing are generally binding. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 35. The results of mediation are generally binding. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 36. In arbitration, the parties each have two arbitrators on the arbitration panel. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 37. For evidentiary purposes, accountants' work product and attorneys' work product are treated the same. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 38. Interrogatories are given under oath. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 39. There is an absolute right to a jury trial in civil cases. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 40. The effect of a counterclaim is to have the defendant also suing the plaintiff. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Comprehension 41. In some states, unanimous jury verdicts are not required. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 42. Rent-a-judge hearings are private hearings arranged by the parties to a dispute. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 43. Medarb is a combination of a trial and mediation. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 44. The results of a minitrial are always binding. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 45. The parties select the arbitrator for arbitration. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 46. The Federal Arbitration Act (FAA) permits mandatory arbitration in consumer contracts but has yet to be tested in litigation. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 47. The International Chamber of Commerce (ICC) is a private court. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of International Disputes KEYWORDS: Bloom's: Knowledge 48. The new discovery rules require lawyers and the parties to voluntarily disclose relevant information at the beginning of the discovery process. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 49. Jury consultants are used before, during, and after trial. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 50. There are constitutional and numerical limits on peremptory challenges. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 51. Instructions for the jury are given by the lawyers in the case during their closing arguments. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 52. A motion for a judgment NOV is heard by a court of appeals. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 53. Under the new discovery rules, work product must also be turned over to the other parties in a case. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 54. E-mail cannot be obtained during discovery. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 55. A deposition can be used at trial. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 56. A summons is served on a defendant and a subpoena is served on a witness. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions The Summons KEYWORDS: Bloom's: Comprehension 57. A directed verdict can occur immediately after the pleadings are filed. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 58. Devices such as a Blackberry or an iPhone are exempt under the rules for business discovery in litigation. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 59. Junk science can be excluded from evidence at trial. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 60. Arbitration is not allowed when federal statutory rights are involved. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Comprehension 61. An arbitration clause that requires a consumer to travel to another state for the arbitration hearing is void. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Comprehension 62. The rules of the AAA require the parties to be represented by an attorney. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 63. In general it is okay for jurors to perform internet research concerning the case they are involved in during the case. a. b. : POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Application 64. Spoilation is the destruction of evidence that is needed in a case. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 65. It is quite common for courts to overturn an arbitration award. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 66. Mandatory arbitration is unconstitutional. a. b. : POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Knowledge 67. Which of the following is the first document filed in a lawsuit? a. complaint b. c. pleadings d. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Comprehension 68. Which of the following is not included in a complaint? a. statement of subject matter jurisdiction b. request for damages c. statement of venue d. a counterclaim e. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Comprehension 69. Which of the following is not a form of equitable relief? a. injunction b. money damages c. specific performance d. rescission of a contract e. All of the above are forms of equitable relief. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Knowledge 70. Which of the following accurately describes a summons? a. initial document filed in a suit b. served on the defendant c. need not be served so long as it is filed d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Summons KEYWORDS: Bloom's: Knowledge 71. A counterclaim is: a. made by a defendant. b. part of the complaint. c. part of the interrogatories. d. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Knowledge 72. A default results when: a. the plaintiff fails to serve a summons. b. the defendant fails to file an in a timely fashion. c. a counterclaim is filed. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Comprehension 73. This is the famous class action lawyer who is now in prison for attempted bribery of a federal judge. a. Russell Crowe b. Dickie Scruggs c. Zachary Scruggs d. Jeffrey Wigand : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Knowledge 74. A motion for summary judgment is: a. granted only if there are no factual issues. b. appropriate if there are no issues of law. c. decided by a jury. d. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Comprehension 75. Which of the following is not a form of discovery? a. interrogatories b. requests for admissions c. pretrial conference d. depositions e. All of the above are forms of discovery. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 76. Which of the following would not be discoverable in a contract suit requesting lost profits as damages? a. income tax returns of the business b. orders of merchandise c. expense records d. work product : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 77. Which of the following is a statement about depositions? a. They are generally held in a courtroom. b. They are not taken under oath. c. They must be preceded by interrogatories. d. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 78. Peremptory challenges: a. are challenges for cause. b. are generally limited in each case. c. require specific reasons for use. d. require proof of bias or prejudice of the juror. e. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 79. Once a plaintiff has established a prima facie case: a. the case is won. b. the case can survive a directed verdict motion by the defendant. c. the defendant cannot present contradictory evidence. d. a judgment NOV is granted. e. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 80. Jury instructions: a. are not given in all cases. b. explain the application of law to juries. c. are developed unilaterally by the judge. d. explain how a foreman is elected. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 81. A motion for judgment NOV: a. is a motion for judgment notwithstanding the verdict. b. can only be made by the plaintiff. c. is made only before the verdict is returned. d. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 82. Mediation is: a. the same as arbitration. b. used frequently in international disputes. c. regulated by the American Arbitration Association. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of International Disputes KEYWORDS: Bloom's: Comprehension 83. Voir dire is: a. the process for screening prospective jurors. b. the same as venue. c. used if peremptory challenges are planned. d. the same as a judgment NOV. e. none of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 84. A summons: a. is served on the plaintiff. b. can be served by an officer of the court or by private licensed firms. c. need not be served if the complaint has been filed. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Summons KEYWORDS: Bloom's: Comprehension 85. Interrogatories: a. are served on nonparties only. b. must be ed under oath. c. must be used before a deposition can be scheduled. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 86. ______ is replacing ______ as the preferred method of business dispute resolution. a. Litigation; arbitration b. Arbitration; mediation c. Mediation; arbitration d. Litigation; mediation : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Comprehension 87. The party conducting cross-examination is: a. the party who did not call the witness. b. the party who called the witness. c. involved in voir dire. d. always the judge. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 88. The time limit for a defendant to file an is: a. the statute of limitations. b. two years for personal injury suits. c. 20 to 30 days in most states. d. four years for contract suits. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Knowledge 89. Closing arguments are: a. presented by the judge. b. part of the jury instructions. c. presented by the plaintiff's attorney only. d. none of the above : d POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 90. A complaint filed in a lawsuit could not contain which of the following? a. a claim for money damages b. a claim for equitable remedies c. a claim for an injunction d. a counterclaim : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Comprehension 91. The ______ is the largest ADR provider in the country for commercial disputes. a. National Arbitration Forum b. American Arbitration Forum c. American Arbitration Association d. American Arbitration Forum : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 92. A motion for judgment on the pleadings can be granted: a. if the complaint does not state a cause of action. b. if there are no factual issues. c. any time during the course of the trial. d. all of the above : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Application 93. A motion to dismiss can be granted: a. any time throughout the case. b. only after the plaintiff's case has been presented. c. only after the defendant's case has been presented. d. only if summary judgment is also appropriate. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Application 94. Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila Jones. Echols' lawyer suspects that Ms. Jones was not wearing her contact lenses at the time of the accident as she is required to do by law. After Echols' lawyer files suit, how can she find out whether Ms. Jones was wearing her contact lenses? a. by subpoenaing Ms. Jones b. by a request to produce c. by a deposition of Ms. Jones d. The information is privileged and nondiscoverable. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 95. Sam Wasterson is the CEO of Galant, Inc. Galant is being sued by Webtech, a competitor, for antitrust violations. Webtech's CEO says that he met with Wasterson three times in 1993. He explains, "Check his calendar. Check his secretary's logs!" The meetings are a critical part of the Webtech case. Webtech's lawyers: a. will not be able to obtain the calendar or logs because of the privilege. b. will obtain the calendar and logs through mandatory discovery or a request for production. c. will have to show the relevance of the logs and calendars before they can get them. d. cannot obtain the calendar and logs because of privacy limitations. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 96. If privacy is an important requirement for resolution of a company's disputes, which of the following methods would you recommend? a. mediation b. rent-a-judge c. arbitration d. All of the above are private and would serve the company's needs. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Application 97. The purpose of the new mandatory discovery provisions is to: a. remove the element of surprise from litigation. b. make litigation more of a quest for the truth. c. minimize discovery times and costs. d. All of the above are reasons mandatory discovery was adopted. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Synthesis 98. When is a motion for a judgment NOV granted? a. after the plaintiff has presented its case b. when the weight of the evidence is contrary to the jury's verdict c. when the pleadings of the plaintiff are insufficient to state a cause of action d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 99. Hearsay: a. is never admissible in court. b. is unreliable evidence. c. can be used on cross-examination. d. none of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 100. Which of the following methods of arbitration allows the parties input on the decision-maker(s)? a. peer review b. arbitration c. mediation d. all of the above : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Knowledge 101. Which of the following cannot be obtained during discovery in a case? a. e-mail from the defendant company's server b. attorney's notes for the defendant company c. medical records of an injured plaintiff d. defendant company internal memos e. All of the above can be obtained during discovery. : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 102. Choose the that reflects the proper sequence of events in civil procedure: a. complaint, subpoena, deposition, , interrogatories, summons b. complaint, deposition, , counterclaim, affirmative defense c. complaint, directed verdict, summary judgment, summons, d. complaint, summons, , counterclaim, discovery e. discovery, complaint, summons, , counterclaim : d POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: When You Are In Litigation KEYWORDS: Bloom's: Synthesis 103. Which of the following is a suggested policy on executive smartphone use? a. A mandatory password requirement for smartphones. b. A stated policy on deleting messages on smartphones. c. Smartphone configuration and archiving policies. d. All of the above. : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 104. Which of the following methods of alternative dispute resolution involves a hearing? a. arbitration b. mediation c. negotiated settlement d. settlement conference e. All of the above involve hearings. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Comprehension 105. Spoilation is: a. litigation over contaminated food. b. destruction of evidence needed for litigation. c. following stare decisis and dismissing a case. d. none of the above : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 106. The best means for obtaining access to a defendant company’s e-mail in litigation over an atmosphere of harassment is: a. deposition. b. summons. c. request for production. d. none of the above : c POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 107. Jane has been dunned by her creditors for payment of her credit card bills. “But I have disputes over some of those charges, and I want to go to court under the Fair Credit Billing Act.” One of her creditors points out to Jane that there was an arbitration clause in the terms and conditions given to her when she was given her credit card. “Credit card rights are given by federal law. I don’t have to go to arbitration!” a. Jane is correct; federal credit laws prohibit arbitration. b. Jane is incorrect; she can be required to go to arbitration. c. Arbitration applies only to Truth-in-Lending Act issues. d. none of the above : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Synthesis 108. Which of the following may not be included in the to a complaint? a. admission b. counterclaim c. denial d. all can be included : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The KEYWORDS: Bloom's: Comprehension 109. 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 : a POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Knowledge 110. 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 : d POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Synthesis 111. 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 : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 112. 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 : c POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Issues in International Litigation KEYWORDS: Bloom's: Synthesis 113. When is a motion for a directed verdict properly made? a. after the defendant has filed its b. after summary judgment has been granted c. after the plaintiff has presented its case d. only at the appellate court level : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 114. 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 : d POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 115. 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 : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Comprehension 116. 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 : a POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Analysis 117. 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 : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 118. A prima facie 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 : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 119. 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 : b POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Knowledge 120. 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. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 121. 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? : Through discovery process: interrogatories, requests for production of documents, requests for admission, deposition of inspector. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 122. List the information that will be required to file a valid complaint on a breach of contract suit. : (1) Court and subject matter jurisdiction (2) Venue (3) Statement of facts - when contract entered into and its provisions; what was not performed (4) Claim for damages - money and/or equitable relief such as change in behavior POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: The Complaint KEYWORDS: Bloom's: Knowledge 123. Outline the steps involved in litigation. : (1) Complaint (2) Service of summons and complaint (3) Counterclaim (4) Motion for judgment on the pleadings (5) Discovery a. Interrogatories b. Depositions c. Requests for production d. Requests for admission (6) Pretrial conference (7) Trial Jury selection Opening statements Plaintiff's case Defendant's case Directed verdict motion Closing statements Jury instructions Jury deliberations Jury verdict Motion for judgment NOV Motion for a new trial Appeal POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: When You Are In Litigation KEYWORDS: Bloom's: Knowledge 124. Explain the differences between arbitration and litigation. : Arbitration Litigation Private Public Faster Slow moving Less stringent procedural rules Must follow procedure exactly Relaxed rules of evidence Rules of evidence apply Can be nonbinding Results are binding Expert can hear case No specific expertise - just a trial judge POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution When You Are In Litigation KEYWORDS: Bloom's: Comprehension 125. What is a hung jury and what is its effect? : A hung jury results when the jurors cannot agree on a verdict. The case must then be retried. POINTS: 1 DIFFICULTY: Easy NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 126. Describe the role of jury selection consultants. : These firms are used to help lawyers select those jurors who will be most sympathetic to their case. The firms use demographic data and attitude surveys to assist in selection. They can also be used during the trial to assist in the presentation of the case based on jurors' responses to lawyers, evidence, and witnesses. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Comprehension 127. List and describe the forms of alternative dispute resolution other than arbitration. : Mediation: Third party intervenes in an attempt to bring the disputing parties together. Rent-a-judge: Private court used to hear case and reach a decision. Mini-trial: Private trial where each side presents the heart of its case for a third party to review and offer a decision or resolution. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Comprehension 128. Name and describe three types of motions that can be made prior to trial. : Motion to dismiss: Made when there is no cause of action stated in the complaint or when a court lacks jurisdiction. Motion for judgment on the pleadings: Made when even if everything in the pleadings is correct, there is no cause of action stated. Motion for summary judgment: Made when there are no factual issues, only a dispute of law. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Analysis 129. 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? : Evans could try small claims court. She could have her case heard and need not have an attorney. Evans could also try a mediator or could possibly use a private court such as rent-a-judge. The important thing is to resolve the dispute without great expense since the amount involved is so small. But Evans will still have the opportunity to enforce her rights through the courts if other efforts fail. POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Evaluation 130. Explain the jurisdiction of courts within one nation over businesses from other nations. : If the business is operating, entering into contracts, or advertising in a country, it is subject to that country's regulations and laws and also its court's jurisdiction. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Issues in International Litigation KEYWORDS: Bloom's: Comprehension 131. Discuss the issues for businesses concerning potential litigation and portable devices such as smartphones and laptops. : Smartphones and laptops can be used outside of a physical workplace and may be treated as a personal device instead of a work device. In the event of litigation, the messages and other communications may be obtained by the opposing party. Companies need to be aware of its legal responsibilities and develop policies that protect the company and follow the legal requirements. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: How a Lawsuit Progresses: Discovery KEYWORDS: Bloom's: Application 132. What are the differences between arbitration and mediation? : Arbitration Mediation hearing discussions evidence recommendations decision no decision POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolution KEYWORDS: Bloom's: Analysis 133. Discuss why mediation is replacing arbitration as the preferred method of business dispute resolution. : Arbitration has become thought of as too similar to litigation; since many businesses shifted to arbitration to avoid litigation, this is not viewed as a positive sign for business. POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Analysis 134. List the types of costs a company involved in litigation experiences. List the costs that can result if litigation is not pursued. : Costs of litigating: Legal costs Time costs (downtime) Image costs Capital costs Costs of not litigating: Loss of copyright/tradename protection Public relations damages Maybe existence of the company POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Litigation versus ADR: The Issues and Costs KEYWORDS: Bloom's: Evaluation 135. 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. : b POINTS: 1 DIFFICULTY: Challenging NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Critical Thinking TOPICS: Types of Alternative Dispute Resolutions KEYWORDS: Bloom's: Evaluation 136. 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. : a POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Reflective Thinking STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Resolution of a Lawsuit: The Trial KEYWORDS: Bloom's: Analysis 137. 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. : c POINTS: 1 DIFFICULTY: Moderate NATIONAL STANDARDS: United States - BUSPROG: Analytic STATE STANDARDS: United States - OH - AICPA: BB-Legal TOPICS: Seeking Timely Resolution of the Case KEYWORDS: Bloom's: Evaluation [Show More]

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