Business Law Chapter 3 True/False – Flashcards

question
the process of bringing, maintaining and defending a lawsuit is called litigation
answer
true
question
a plaintiff must file an answer to the defendant's complaint
answer
false
question
a defendant who fails to answer the complaint will have a default judgment entered against him or her
answer
true
question
in a cross-complaint, the defendant sues the plaintiff
answer
true
question
a defendant may not answer and file a cross-complaint at the same time
answer
false
question
a plaintiff's response to a defendant's cross-complaint is called a reply or an answer
answer
true
question
a defendant's answer usually denies most allegations of a complaint
answer
true
question
third parties who have an interest in a lawsuit between a plaintiff and a defendant may not become parties to that lawsuit
answer
false
question
consolidation of cases involves combining two or more separate lawsuits into one lawsuit
answer
true
question
despite the electronic age, electronic filings of pleadings, briefs, and other documents is not acceptable when handling a lawsuit
answer
false
question
the statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant
answer
true
question
there is only one type of statute of limitations, and that is the one established by the federal government
answer
false
question
a deposition is written questions submitted by one party to a lawsuit to another party
answer
false
question
one party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial
answer
true
question
interrogatories are oral testimony given by a party or witness prior to trial
answer
false
question
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
answer
true
question
a motion for judgment on the pleadings may only be made by the plaintiff once the pleadings are complete
answer
false
question
the trier of fact determines factual issues
answer
true
question
motions for summary judgement are supported by evidence outside of the pleadings
answer
true
question
a settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case
answer
true
question
more than 90 percent of all cases are settled before they go to trial
answer
true
question
when deciding to bring a lawsuit, one should consider the unpredictability of the legal system and the possibility for error
answer
true
question
each party must submit a trial brief at the time that contains legal support for its side of the case
answer
true
question
voir dire is a process of selecting individuals to hear specific cases
answer
true
question
a defendant presents his or her case before the plaintiff presents his or hers
answer
false
question
for a trial to be conducted with a jury, both parties must request a jury trial
answer
false
question
when the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal, this is known as rejoinder
answer
true
question
in a civil case, the judge may not reduce the amount of monetary damages awarded by the jury
answer
false
question
in a civil case, only the defendant may appeal the trial court's decision once a final judgment is entered
answer
false
question
another name for an appellant is the petitioner
answer
true
question
an appellate court will not reverse a lower court decision if it finds an error of law in the record
answer
false
question
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
answer
false
question
an arbitrator's decision is generally known as a judgment
answer
false
question
the Uniform Arbitration Act is a federal statute that applies to all states
answer
false
question
the U.S. Supreme court has upheld the use of arbitration to solve employment disputes
answer
true
question
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
answer
true
question
in a mediation, the parties choose an interested third party to act as a mediator
answer
false
question
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
answer
true
question
a judicial referee's decisions may act only as possible considerations for a case's outcome, not as a judgment of the court
answer
false
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question
the process of bringing, maintaining and defending a lawsuit is called litigation
answer
true
question
a plaintiff must file an answer to the defendant's complaint
answer
false
question
a defendant who fails to answer the complaint will have a default judgment entered against him or her
answer
true
question
in a cross-complaint, the defendant sues the plaintiff
answer
true
question
a defendant may not answer and file a cross-complaint at the same time
answer
false
question
a plaintiff's response to a defendant's cross-complaint is called a reply or an answer
answer
true
question
a defendant's answer usually denies most allegations of a complaint
answer
true
question
third parties who have an interest in a lawsuit between a plaintiff and a defendant may not become parties to that lawsuit
answer
false
question
consolidation of cases involves combining two or more separate lawsuits into one lawsuit
answer
true
question
despite the electronic age, electronic filings of pleadings, briefs, and other documents is not acceptable when handling a lawsuit
answer
false
question
the statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant
answer
true
question
there is only one type of statute of limitations, and that is the one established by the federal government
answer
false
question
a deposition is written questions submitted by one party to a lawsuit to another party
answer
false
question
one party to a lawsuit may request that the other party produce all documents that are relevant to the case before trial
answer
true
question
interrogatories are oral testimony given by a party or witness prior to trial
answer
false
question
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
answer
true
question
a motion for judgment on the pleadings may only be made by the plaintiff once the pleadings are complete
answer
false
question
the trier of fact determines factual issues
answer
true
question
motions for summary judgement are supported by evidence outside of the pleadings
answer
true
question
a settlement conference is a pretrial hearing that is designed to facilitate the settlement of a case
answer
true
question
more than 90 percent of all cases are settled before they go to trial
answer
true
question
when deciding to bring a lawsuit, one should consider the unpredictability of the legal system and the possibility for error
answer
true
question
each party must submit a trial brief at the time that contains legal support for its side of the case
answer
true
question
voir dire is a process of selecting individuals to hear specific cases
answer
true
question
a defendant presents his or her case before the plaintiff presents his or hers
answer
false
question
for a trial to be conducted with a jury, both parties must request a jury trial
answer
false
question
when the defendant calls additional witnesses and introduces other evidence to counter the plaintiff's rebuttal, this is known as rejoinder
answer
true
question
in a civil case, the judge may not reduce the amount of monetary damages awarded by the jury
answer
false
question
in a civil case, only the defendant may appeal the trial court's decision once a final judgment is entered
answer
false
question
another name for an appellant is the petitioner
answer
true
question
an appellate court will not reverse a lower court decision if it finds an error of law in the record
answer
false
question
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
answer
false
question
an arbitrator's decision is generally known as a judgment
answer
false
question
the Uniform Arbitration Act is a federal statute that applies to all states
answer
false
question
the U.S. Supreme court has upheld the use of arbitration to solve employment disputes
answer
true
question
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
answer
true
question
in a mediation, the parties choose an interested third party to act as a mediator
answer
false
question
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
answer
true
question
a judicial referee's decisions may act only as possible considerations for a case's outcome, not as a judgment of the court
answer
false