Exam 4: Litigation

In the context of pleadings,which of the following statements is true?

When a defendant wants to sue a plaintiff,the defendant files a counterclaim.

When a party asks a judge to base a decision of a case on the pleadings and affidavits provided there are no material disputed issues of fact,the party is most likely to be filing a motion for _____.

When is a third-party defendant necessary in a trial,and what purpose does this type of party serve?

In civil cases,the clear and convincing proof standard is used more frequently.

Why have federal courts begun developing higher standards for settlements in class-action suits?

Through the standing-to-sue requirements,courts are able to insist that there be an adversarial relationship between plaintiff and defendant.

Which of the following statements is true of peremptory challenges?

Though it is often thought of as the main component of the American judicial system,it is actually rather rare to go to trial.What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?

What are the disadvantages of discovery procedures,and how can they be avoided?

A _____ suit is one in which one or more plaintiffs file suit on their own behalf and on behalf of all other persons who may have a similar claim.

Personal jurisdiction over a defendant is obtained by a court when a plaintiff files a suit.

State the three criteria according to which the typical long-arm statute allows a court to obtain personal jurisdiction over a nonresident defendant.

Res judicata means that a case has been finally decided on appeal.

Describe the parties involved in a civil suit.

In addition to a brief,a reviewing court is often given the benefit of _____ in deciding a case.

Which of the following is part of the pretrial procedure?

A _____ is entered in favor of the party that won a jury's decision if a judge agrees with the decision of the jury.

What is a class-action suit?

Discovery procedures are intended to be used by the parties to litigation strictly under a court's direct supervision.