Business Law Chapter 3 True/False – Flashcards
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the process of bringing, maintaining and defending a lawsuit is called litigation
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true
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a plaintiff must file an answer to the defendant's complaint
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false
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a defendant who fails to answer the complaint will have a default judgment entered against him or her
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true
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in a cross-complaint, the defendant sues the plaintiff
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true
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a defendant may not answer and file a cross-complaint at the same time
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false
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a plaintiff's response to a defendant's cross-complaint is called a reply or an answer
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true
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a defendant's answer usually denies most allegations of a complaint
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true
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third parties who have an interest in a lawsuit between a plaintiff and a defendant may not become parties to that lawsuit
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false
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consolidation of cases involves combining two or more separate lawsuits into one lawsuit
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true
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despite the electronic age, electronic filings of pleadings, briefs, and other documents is not acceptable when handling a lawsuit
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false
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the statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant
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true
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there is only one type of statute of limitations, and that is the one established by the federal government
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false
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a deposition is written questions submitted by one party to a lawsuit to another party
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false
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one party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial
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true
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interrogatories are oral testimony given by a party or witness prior to trial
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false
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if a plaintiff is injured in an auto accident and is seeking damages for physical injury, a court can order that party to submit to a physical examination to determine the extent of his or her injuries
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true
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a motion for judgment on the pleadings may only be made by the plaintiff once the pleadings are complete
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false
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the trier of fact determines factual issues
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true
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motions for summary judgement are supported by evidence outside of the pleadings
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true
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a settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case
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true
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more than 90 percent of all cases are settled before they go to trial
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true
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when deciding to bring a lawsuit, one should consider the unpredictability of the legal system and the possibility for error
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true
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each party must submit a trial brief at the time that contains legal support for its side of the case
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true
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voir dire is a process of selecting individuals to hear specific cases
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true
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a defendant presents his or her case before the plaintiff presents his or hers
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false
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for a trial to be conducted with a jury, both parties must request a jury trial
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false
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when the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal, this is known as rejoinder
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true
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in a civil case, the judge may not reduce the amount of monetary damages awarded by the jury
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false
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in a civil case, only the defendant may appeal the trial court's decision once a final judgment is entered
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false
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another name for an appellant is the petitioner
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true
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an appellate court will not reverse a lower court decision if it finds an error of law in the record
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false
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the unique aspect about appeals is that notice of the appeal is not necessary so long as the appeal is filed within a reasonable time after judgment is entered
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false
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an arbitrator's decision is generally known as a judgment
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false
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the Uniform Arbitration Act is a federal statute that applies to all states
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false
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the U.S. Supreme court has upheld the use of arbitration to solve employment disputes
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true
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the Federal Arbitration Act provides that arbitration agreements concerning commerce are valid, irrevocable, and enforceable contracts unless some grounds exist at law or equity to revoke them
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true
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in a mediation, the parties choose an interested third party to act as a mediator
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false
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a mini trial is a session whereby representatives of each side hear lawyers of each side present their case which is then followed by a meeting to negotiate a settlement
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true
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a judicial referee's decisions may act only as possible considerations for a case's outcome, not as a judgment of the court
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false
