Exam 4: Litigation

Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called _____.

An individual may not assert the rights of the general public or of a group of which he or she is not a member as a plaintiff.

Office Co. has sued Toner Co. and has already filed a complaint. A major issue of dispute is the wording of the original contract. Which discovery method should Office Co. use to get Toner Co. to present the original sales contract?

In your opinion, would the American court system be better off if it eliminated the use of peremptory challenges?

The burden of proof known as _____ is achieved when there is greater weight of evidence in support of the proposition than there is against it.

Once a judge has determined that the plaintiff is to be awarded a certain sum of money, the plaintiff may begin the process to obtain the money from the defendant by having the sheriff or other court official seize the defendant's property and sell it. This is called:

A shareholder of one of the two companies involved in a merger could sue to stop the combination of these companies,

Standing in a case is determined upon resolution of the case, rather than at the outset.

The _____ contain a short description of the case; a factual summary; legal points and authorities; and arguments for reversing or affirming the lower court decision.

If bias is admitted, a juror is struck from the jury with a:

If the defendant does not respond to the complaint as required he or she is said to be in _____.

How does the process of jury selection affect the progress and outcome of a trial?

A statute of limitations determines the maximum amount of money that a plaintiff may sue for.

If one of the potential jurors is the defendant's brother, the only way for the plaintiff to get the brother off of the jury panel is by using a peremptory challenge.

Why are many class-action suits settled?

What should a party file if the opposing party fails to produce relevant, requested evidence?

The judicial standard for interpreting the scope of discovery permits a party to seek information if it:

Describe the standard and three criteria that allow the typical long-arm statute to allow jurisdiction over a non-resident defendant?

In order to hear a case, a court requires _____.

Personal jurisdiction over the defendant is automatically obtained when the plaintiff files the complaint.