Busi-301
Learn smart/Chapter 4
Pre-Quiz Practice
Liberty University
_____________ Litigation is a dispute resolution process where parties and their attorneys argue
their positions in a court of law.
Civil
In a business context, dispute resolution should be: (Check all that apply.)
a part of business planning.
a part of business strategy.
Which of the following often take(s) place before a lawsuit is filed?
Demand and settlement negotiations
The plaintiff begins (initiates) a civil lawsuit by filing a(n)
Complaint
A document filed by a party asking the court to take an action in the litigation is a(n)
__________. Motion
What type of litigation involves parties and their counsel arguing their respective positions on a
business controversy in a court of law?
Civil
The parties in a lawsuit exchange documents and other evidence through the process of
Discovery
Dispute __________ can be a crucial part of business planning and strategy that requires a
thoughtful cost-benefit analysis.
Resolution
Evidence that tends to prove a criminal offense or civil wrong is Blank 1 of 1 evidence.
Exculpatory
When a dispute arises between two parties, one party will typically make an informal
__________ of the other party in which the principals or their attorneys lay out the basics of the
dispute and request a certain action.
Demand
Which of the following is not included in a complaint?
Judgment for the plaintiff
Evidence that tends to prove a criminal defendant not guilty, or a civil defendant not liable, is
Blank 1 of 1 evidence.
Exculpatory
Documents filed by a party to the lawsuit, asking the court to take some action pertaining to the
suit, are
Motions
Evidence may be withheld during discovery if it is: (Check all that apply.)
protected by legal privilege.
not relevant to the dispute.
After the initial pleadings are filed, the defendant and plaintiff exchange documents and other
evidence through the process of
Discovery
A witness provides sworn testimony as evidence, prior to trial, in a(n)
Deposition
The judge will meet with the parties and counsel in a(n) Blank 1 of 1 conference to encourage
settlement, address outstanding motions, and review discovery.
Pretrial
Which of the following often take(s) place before a lawsuit is filed?
Demand and settlement negotiations
If a case cannot be settled, the parties will eventually go to
Trial
A trial generally takes place in front of a judge as the finder of law, with the Blank 1 of 1 as the
finder of fact.
Jury
Evidence must be produced during Blank 1 of 1 if it is relevant to resolving the dispute.
Discovery
A method of discovery where a witness gives sworn testimony to provide evidence prior to trial
is a(n) __________.
Deposition
During a pretrial conference, the judge will meet with the parties or their counsel to:
(Check all that apply.)
confirm that discovery is proceeding.
resolve outstanding motions.
encourage settlement.
A judge sits without a jury, determining both fact and law, in a(n) Blank 1 of 1 trial.
Bench
In a jury trial, the judge is the finder of law and the jury is the finder of fact. A trial begins when
the Blank 1 of 1 is selected.
Jury
Evidence may be withheld during discovery if it is:
(Check all that apply.)
not relevant to the dispute.
protected by legal privilege.
Attorneys present their theories of the case and what they hope to prove to the jury in their
Opening statement
A witness provides sworn testimony as evidence, prior to trial, in a(n)
Deposition
A witness is first questioned by the attorney for the party who called the witness during Blank 1
of 1examination.
direct
The judge will meet with the parties and counsel in a(n) Blank 1 of 1 conference to encourage
settlement, address outstanding motions, and review discovery.
Pretrial
In this type of trial, there is no jury, and the judge serves as both finder of fact and finder of law.
Bench trial
Cross-examination questioning is limited to issues raised in Blank 1 of 1 examination.
Direct
A trial begins with the selection of the __________.
Jury
Attorneys sum up the case and try to convince the jury that their version of the case is the most
compelling during
Closing arguments
Attorneys present their theories of the case to the jury, and explain what they hope to prove,
during
Opening statements
When the judge __________ the jury, the judge gives the jury directions on how to work through
the process of coming to a factual decision in the case.
Charges
The first questions of a trial witness will come from the attorney for the party that called the
witness during
Direct Examination
During its deliberations, the jury:
(Check all that apply.)
tries to reach a verdict.
meets in private.
discusses evidence and testimony.
A witness is questioned by opposing counsel during Blank 1 of 1- examination.
Cross
After deliberations, the jury returns its decision, or
Verdict
Attorneys for each party try to convince the jury that their version of the case is the most
compelling during __________ __________
Jury Deliberations
The judge gives the jury instructions on how to come to a factual decision in the case when he or
she Charges the Jury A Blank 1 of 1 jury refers to the outcome where a jury cannot agree on a
verdict.
Hung
After the ________ statement, the plaintiff's attorney asks questions, known as ________
examination, of the witnesses on the plaintiff's list.
Opening/direct
After receiving the judge's charge, the jurors move to a private room and engage in jury
Deliberations
A(n) ______ jury is one that cannot reach a verdict as to which party should prevail in the case.
Hung
A jury returns a(n) Blank 1 of 1 in the case after deliberating on the evidence presented at trial.
Verdict
__________ dispute resolution is the process by which disputes involving individuals or
businesses are resolved outside the federal or state court system through the help of third parties.
Alternative
After the evidence is heard, attorneys for each party make a(n) Blank 1 of 1 argument to
convince the court that their version of the case is more compelling.
Closing
The verdict is the juries decision ADR may result in an agreement not to Blank 1 of 1, or to
cancel or revise the contract at issue.
Sue
A witness is first questioned by the attorney for the party who called the witness during Blank 1
of 1examination.
Direct
Common formal ADR techniques include Blank 1 of 2, Blank 2 of 2, and expert evaluation.
Arbitration/Mediation
A method of ADR in which a neutral third party holds a hearing between the parties involved in
the dispute and renders a decision is known as __________.
Arbitration
A method of ADR in which a neutral third party holds a hearing between the parties involved in
the dispute and renders a decision is known as __________.
Alternative Dispute Resolution
Parties who have agreed to arbitration will typically select an arbitrator Through an ADR agency
Attorneys for each party try to convince the jury that their version of the case is the most
compelling during __________ __________
Closing arguments
Complex disputes, or those specific to a particular industry, may benefit from Blank 1 of 1
evaluation or testimony, where an independent reviewer examines the facts and recommends a
settlement.
Expert
Informal alternative dispute resolution (ADR) may result in a __________ agreement, whereby
one party agrees to a payment in exchange for the other party's promise not to sue.
Settlement
The method of ADR in which a third party listens to each party's grievances and arguments, and
facilitates discussion, is mediation. Business disputes often involve complex or industry-specific
issues where the experience of a(n) Blank 1 of 1 evaluator can be useful in determining an
appropriate settlement.
Expert
A method of ADR in which the parties present their cases to a neutral party who renders a
decision is
Arbitration
A hybrid approach to ADR that can provide more certainty than basic mediation is Blank 1 of
2-Blank 2 of 2.
Med-Arb
Parties seeking arbitration will often select an arbitrator through an ADR agency, such as the
Blank 1 of 3 Blank 2 of 3 Blank 3 of 3.
American Arbitration Association AAA
What method of ADR provides an independent review of complex or industry specific facts by a
neutral party, who then recommends a settlement?
Expert evaluation
Which of the following is the mediator's essential role in mediation?
Facilitate discussion between the parties
In complex disputes, or those based on issues specific to a particular industry, an appropriate
settlement can often be recommended after review by a(n)
Expert Evaluator
In med-arb, both parties first submit to Blank 1 of 2 for a set period of time; if that form of
alternative dispute resolution fails, the process then moves to binding Blank 2 of 2.
Mediation/Arbitration
A method of ADR that brings in an independent reviewer to address complex or
industry-specific disputes is __________ evaluation.
Expert
The method of ADR in which a third party listens to each party's grievances and arguments, and
facilitates discussion, is Mediation Complex disputes, or those specific to a particular industry,
may benefit from Blank 1 of 1 evaluation or testimony, where an independent reviewer examines
the facts and recommends a settlement.
Expert
