Negotiation is a form of alternative dispute resolution in which the parties hire a neutral third party to hear their arguments, receive evidence and make a decision, which may be binding.

True

False

If the defendant in a civil case is found not liable, he will be entitled to damages.

True

False

The advantages of litigation are that it is private, quicker and less costly than alternative dispute resolution.

True

False

Disadvantages of alternative dispute resolution methods are that there is no right to appeal (unless nonbinding arbitration) and no body of law that develops.

True

False

A jury determines questions of fact; the judge determines questions of law.

True

False

A motion to dismiss is the same thing as a motion for summary judgment.

True

False

In a civil suit, the defendant may also bring a counter-claim against the plaintiff, to which the plaintiff must file a reply, which is an answer to a counter-claim.

True

False

A lawsuit is commenced when the plaintiff serves the defendant with a complaint and summons, to which the defendant must file an answer.

True

False

A long-arm statute gives a court personal jurisdiction over a non-resident defendant who commits a tort within that state.

True

False

A plaintiff in a civil case may seek a monetary award of damages.

True

False

The plaintiff will always be the appellant if a case is appealed from the trial court to an appellate court.

True

False

When an appellate court upholds the judgment of the lower court it reverses and remands the case back to the trial court for further action.

True

False

A plaintiff wants to file a lawsuit alleging a violation of the Americans with Disabilities Act, a federal statute. Unless there is more than $75,000 in damages sought, the lawsuit must be filed in state court.

True

False

A Connecticut citizen plans to sue a Delaware corporation for breach of contract, seeking $200,000 in damages. The suit may be brought in either state or federal court.

True

False

A peremptory challenge to a potential juror requires no bias or reason to be demonstrated.

True

False

A form of discovery in which a party answers written questions in writing under oath is known as a deposition.

True

False

A motion is a formal request that a court take some special step during litigation.

True

False

A form of discovery which allows one party to orally question the other party or a potential witness under oath is a request for admissions.

True

False

In a civil case, the plaintiff has burden of proving allegations in complaint beyond a reasonable doubt.

True

False

The burden of proof in a criminal case is more difficult than the burden of proof in a civil case.

True

False

There will never be a verdict issued by an appellate court.

True

False