Business Law Principles and Practices International Edition 8th Edition by Arnold J. Goldman - Test Bank

Business Law Principles and Practices International Edition 8th Edition by Arnold J. Goldman – Test Bank

 

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Sample Questions Are Posted Below

 

Chapter 5—Litigation and Alternatives for Settling Civil Disputes

 

TRUE/FALSE

 

1. A major reason for finding alternatives to a lawsuit is that the person you are thinking of suing may be judgment proof.

 

ANS:  T                    PTS:   1                    REF:   p. 96

 

2. Once a party to a lawsuit “wins” the case, the “winning” party will have very little difficulty in collecting the amount of damages awarded by the jury.

 

ANS:  F                    PTS:   1                    REF:   p. 96

 

3. If you are declared the “winner” in a civil suit, you most likely will be awarded money damages.

 

ANS:  T                    PTS:   1                    REF:   p. 99

 

4. The plaintiff in a civil action is the state or federal government acting for the person bringing the lawsuit.

 

ANS:  F                    PTS:   1                    REF:   p. 100

 

5. In a civil lawsuit during a pretrial proceeding, if the defendant’s attorney claims that the evidence is not sufficient to continue the case, she may make a motion for immediate judgment on the case.

 

ANS:  T                    PTS:   1                    REF:   p. 101

 

6. One form of discovery technique is a default judgment.

 

ANS:  F                    PTS:   1                    REF:   p. 100

 

7. After a pretrial conference is held and the plaintiff and defendant do not settle, the case is dismissed by the judge.

 

ANS:  F                    PTS:   1                    REF:   p. 105 | p. 106

 

8. Jurors selected to serve on a civil trial jury are called grand jurors.

 

ANS:  F                    PTS:   1                    REF:   p. 106

 

9. The qualifications of potential jurors are determined through a process called voir dire.

 

ANS:  T                    PTS:   1                    REF:   p. 106

 

10. A civil jury in most states is now composed of at least twelve people.

 

ANS:  F                    PTS:   1                    REF:   p. 106

 

11. Removal for cause is a device used to prevent a prospective juror who is biased from serving on a case.

 

ANS:  T                    PTS:   1                    REF:   p. 106

 

12. All cases must be tried before a jury.

 

ANS:  F                    PTS:   1                    REF:   p. 107

 

13. The statement made by the judge to the jury before jury members retire to the jury room to discuss the case is called the judgment.

 

ANS:  F                    PTS:   1                    REF:   p. 107

 

14. To bring a witness into court, he or she must be served with a summons.

 

ANS:  F                    PTS:   1                    REF:   p. 106

 

15. The appeals procedure in a civil case is simple and inexpensive.

 

ANS:  F                    PTS:   1                    REF:   p. 107

 

MULTIPLE CHOICE

 

1. If a person feels that he or she has been injured by the actions of someone else, he or she may start a court action against that person to obtain relief by filing a

a.	complaint.
b.	judgment.
c.	subpoena.
d.	summons.

 

 

ANS:  A                    PTS:   1                    REF:   p. 100

 

2. Interrogatories are:

a.	sworn statements of witnesses.
b.	written questions directed to the adversary in a civil trial.
c.	the same as a subpoena.
d.	statements used by the defendant’s attorney to show that the plaintiff is being untruthful on the witness stand.

 

 

ANS:  B                    PTS:   1                    REF:   p. 103

 

3. The first papers served in a civil action are

a.	the complaint and summons.
b.	a summons and answer.
c.	a complaint and answer.
d.	a deposition and subpoena.

 

 

ANS:  A                    PTS:   1                    REF:   p. 100

 

4. The order in which the events of a civil trial occur is

a.	verdict, charge to jury, testimony.
b.	summons, jury selection, verdict.
c.	pretrial procedures, summons, judgment.
d.	complaint, verdict, pretrial procedures.

 

 

ANS:  B                    PTS:   1                    REF:   p. 100–107

 

5. The plaintiff in a civil lawsuit is the

a.	state.
b.	attorney for the person injured.
c.	person injured.
d.	person being sued.

 

 

ANS:  C                    PTS:   1                    REF:   p. 100

 

6. A legal written notice addressed to the defendant in a civil action indicating that a lawsuit has been filed and ordering him or her to appear in court to answer charges is called a

a.	summons.
b.	motion.
c.	complaint.
d.	deposition.

 

 

ANS:  A                    PTS:   1                    REF:   p. 100

 

7. In a civil action, the paper containing the defendant’s statement of his or her defense is the

a.	summons.
b.	motion.
c.	deposition.
d.	answer.

 

 

ANS:  D                    PTS:   1                    REF:   p. 100

 

8. A pretrial device used to prevent surprises during the actual trial of a civil case is called

a.	a notice of appearance.
b.	a complaint.
c.	a voir dire.
d.	discovery.

 

 

ANS:  D                    PTS:   1                    REF:   p. 102

 

9. Impaneling a jury means

a.	dismissing a jury at the conclusion of the trial.
b.	exempting jurors from jury duty.
c.	selecting people to serve as jurors for a case set for trial.
d.	notifying jurors at their homes that they have been called to serve as jurors.

 

 

ANS:  C                    PTS:   1                    REF:   p. 106

 

10. A prospective juror may be dismissed arbitrarily without any reason being given if an attorney for one of the parties in a lawsuit exercises a

a.	challenge for cause.
b.	move for a mistrial.
c.	default judgment.
d.	peremptory challenge.

 

ANS:  D                    PTS:   1                    REF:   p. 106

 

11. In a civil case, the plaintiff must establish the truth of his or her claim by

a.	proving his or her facts beyond a reasonable doubt.
b.	a preponderance of the evidence.
c.	direct examination.
d.	asking for a motion to dismiss.

 

ANS:  B                    PTS:   1                    REF:   p. 107

 

12. A subpoena is an order by the court served on

a.	the attorney to produce the defendant in court.
b.	a person to appear and testify as a witness in a legal action.
c.	the warden of a jail to produce the prisoner in court.
d.	a person to be examined for possible jury duty.

 

ANS:  B                    PTS:   1                    REF:   p. 106

 

13. The questioning of a witness for the plaintiff by the attorney for the defendant is called

a.	direct examination.
b.	cross-examination.
c.	indirect examination.
d.	redirect examination.

 

ANS:  B                    PTS:   1                    REF:   p. 106

 

14. The initial questioning of a witness by the lawyer who called that witness is called

a.	discovery.
b.	direct examination.
c.	mediation.
d.	cross-examination.

 

ANS:  B                    PTS:   1                    REF:   p. 106

 

15. The result of the jury’s agreement in a civil case is known as the

a.	judgment.
b.	plea.
c.	evidence.
d.	verdict.

 

ANS:  D                    PTS:   1                    REF:   p. 107

 

16. The official decision of the jury entered into the court record is called the

a.	verdict.
b.	judgment.
c.	deposition.
d.	appeal.

 

ANS:  B                    PTS:   1                    REF:   p. 107

17. The term “adjudicated” means to

a.	accuse.
b.	decide a case judicially.
c.	announce a jury’s decision.
d.	seize by power of the court.

 

 

ANS:  B                    PTS:   1                    REF:   p. 107

 

18. The parties who select arbitration as a way to settle their dispute agree to

a.	be bound by the decision of the arbitrator and not to challenge the award in court.
b.	mediation if either one of the parties is not successful at arbitration.
c.	challenge the arbitrator’s award.
d.	discovery procedures if the arbitrator cannot reach a decision.

 

 

ANS:  A                    PTS:   1                    REF:   p. 108

 

19. The determination of a controversy in an arbitration proceeding is called a(n)

a.	decree.
b.	judgment.
c.	award.
d.	decision.

 

 

ANS:  C                    PTS:   1                    REF:   p. 108

 

20. The principal purpose of cross-examination in a civil trial is to:

a.	reveal defects in the testimony of a witness.
b.	show that the witness is committing perjury.
c.	compel the witness to admit his/her biases
d.	prove that the witness is incompetent to testify.

 

 

ANS:  A                    PTS:   1                    REF:   p. 106

 

COMPLETION

 

1. An examination of jurors to determine their qualifications and suitability to serve is called the ____________________ examination.

 

ANS:  voir dire

 

PTS:   1                    REF:   p. 106

 

2. In personal injury lawsuits, attorneys are often paid a(n) ____________________ fee.

 

ANS:  contingency

 

PTS:   1                    REF:   p. 99

 

3. A person who wishes to raise a defense against the party bringing a lawsuit against him or her may file a(n) ____________________ with the court.

 

ANS:  answer

 

PTS:   1                    REF:   p. 100

4. A failure of the defendant to acknowledge that he or she has received papers indicating that a legal action has been commenced against him or her gives the party initiating the legal action the right to a(n) ____________________ by default.

 

ANS:  judgment

 

PTS:   1                    REF:   p. 100

 

5. A pretrial step that allows a party involved in a lawsuit to obtain detailed information about the other party’s claim or defense is called ____________________.

 

ANS:  discovery

 

PTS:   1                    REF:   p. 101 | p. 102

 

6. A(n) ____________________ is a written record of a witness’s sworn testimony outside of court.

 

ANS:  deposition

 

PTS:   1                    REF:   p. 103

 

7. A person who uses ____________________ to resolve a dispute will meet with an impartial third person who assists in reaching a compromise.

 

ANS:  Mediation

 

PTS:   1                    REF:   p. 109

 

8. Many cases are settled after a(n) ____________________ conference is held.

 

ANS:  pretrial

 

PTS:   1                    REF:   p. 105 | p. 106

 

9. Legal proof presented during a trial to support a person’s claim is called ____________________.

 

ANS:  evidence

 

PTS:   1                    REF:   p. 106

 

10. Once judgment is obtained, the “winning” party would be entitled to ____________________ damages.

 

ANS:  monetary

 

PTS:   1                    REF:   p. 107

 

SHORT ANSWER

 

1. What should an attorney do before taking a case after his or her client describes in detail all the facts relating to the case?

 

ANS:

Conduct a preliminary investigation to determine the accuracy of the client’s story. The investigation may lead the attorney to discover that there is no basis for a lawsuit. Or, if there is a basis for a lawsuit, an investigation could lead to an informal, out-of-court settlement that could save his or her client the expense and emotional strain of a trial.

 

PTS:   1                    REF:   p. 99

 

2. Friday failed to take seriously a lawsuit filed against him by Ranger. He completely ignored the papers describing the case and the request made by Ranger’s attorney directing him to appear in court and answer the allegations made by Ranger. Because of Friday’s course of action, Ranger’s attorney entered the proper papers in court allowing the case to proceed on evidence presented by Ranger alone. Friday claims that this procedure by Ranger’s attorney was improper, since he (Friday) was not given the opportunity to defend himself in court. Is Friday correct?

 

ANS:

No. A person who fails to acknowledge a summons and complaint issued by the plaintiff gives the plaintiff the right to a judgment by default, which means that Ranger could then proceed to prove his case in court and could, if successful, receive monetary damages. The judge would make a decision based solely on the evidence presented by Ranger’s attorney. Friday would not be able to present evidence on his behalf.

 

PTS:   1                    REF:   p. 100

 

3. A witness is willing to give evidence in court that would be helpful to one of the parties to a lawsuit. However, she lives in another state and is unable to attend the trial. How can her testimony be secured for evidence in the trial?

 

ANS:

She can give a deposition.

 

PTS:   1                    REF:   p. 103

 

4. In a civil case a person bringing a lawsuit must prove his case( in order to win) by a preponderance of evidence. What does preponderance of evidence mean?

 

ANS:

Refer to page 100 in text

 

PTS:   1                    REF:   p. 100

 

5. How has online dispute resolution changed the way dispute resolution is conducted?

 

ANS:

The process of arbitration, mediation and negotiation become more flexible and economical in many cases. (Refer to text, page 111)

 

PTS:   1                    REF:   p. 111