31.) Interrogatories:

A. are used to demonstrate to the jury that a person is untruthful.

B. are a set of written questions from one party to the other before a trial to preserve testimony or impeach a witness.

C. are a set of written questions used by attorneys to gather information from their clients.

D. are a set of written questions from one party to a non-party before a trial to preserve testimony or impeach a witness.

32.) Jamal served a written request for an admission on Tanya. Tanya did not respond within the required period of time. Which statement is correct?

A. The court will order Tanya to respond.

B. The court will issue a subpoena duces tecum.

C. The matter is deemed admitted.

D. The court will order a deposition.

33.) ShopSmart contracted to buy 100,000 stuffed bears from Cuddles. The contract included the following provision:

"All controversies relating to this contract shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association."

A dispute arose over the expression on the bears' faces. After a hearing, the arbitrator issued an award in favor of Cuddles. ShopSmart is unhappy with the arbitrator's decision. Which statement is correct?

A. ShopSmart has the right to appeal the arbitrator's decision to a jury trial.

B. ShopSmart has the right to de novo judicial review.

C. ShopSmart has the right to appeal the arbitrator's decision to the American Arbitration Association.

D. ShopSmart cannot appeal the arbitrator's decision.

34.) There are a number of factors that a potential party should consider before deciding whether to initiate any lawsuit or agree to otherwise settle a dispute. Some of the more important factors include all of the following, except:

A. The stress and emotional toll that the lawsuit will take on the parties and those involved.

B. The predictability of the justice system in determining the likely outcome of winning a case.

C. The amount of money a party might win (or lose) may determine whether he or she wants to proceed with a trial or seek a settlement.

D. The ability of the other party to pay any judgment might make suing a waste of time and money or may make suing seem like the best alternative available.

E. The effect on the continuing relationship between parties to the suit.

35.) ____________________ means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.

36.) ___________ means that the appellate court found error in the trial court's actions and is sending the case back to the trial court to correct the error.

37.) The first stage of litigation is:

A. pretrial

B. trial

C. pleading

D. discovery

38.) The major difference between mediation and negotiation is that:

A. mediation is mandatory in cases before officially filing the lawsuit.

B. mediation includes an unbiased third party.

C. negotiation is mandatory in all cases before officially filing the lawsuit.

D. negotiation includes an unbiased third party.

39.) Jurors are selected through a process known as ____________.

40.) The simplest form of ADR is:

A. mediation

B. early neutral evaluation

C. negotiation

D. arbitration