Depositions are-oral questions, answered orally

Subject: Business    / Management    

1. Depositions are:
A. oral questions, answered orally, asked only of parties.
B. written questions, answered in writing, asked of parties and witnesses.
C. written questions, answered in writing, asked only of parties.
D. oral questions, answered orally, asked of parties and witnesses.
2. Wanda has graduated from a university and after nine months has failed to find a job. She graduated with a degree in business, and her college was AACSB accredited. (AACSB accreditation is a specialized accreditation for business schools that evidences a quality program.) In her complaint, she alleges that four years of school and tuition should guarantee a job in the field of study and states that she wants her money back. At no time did her school guarantee job placement, either through express or implied statements. Wanda does not disagree with this but still thinks that she was wronged and that it's unfair to graduate and not get a job automatically. The school will be successful in extinguishing Wanda's lawsuit if its attorney files a:
A. motion for summary judgment.
B. motion to dismiss because Wanda does not have standing.
C. motion for a judgment as a matter of law.
D. motion to dismiss for mistrial.
3. In Alston v. Advance Brands and Importing Company, a parent group sued a maker of alcoholic beverages, claiming the maker's advertising induced alcohol sales to minors. The suit was dismissed because the group suffered no legitimate damages.
4. In Bridgestone Americas Holding Inc., v. Mayberry, the court had to determine if Bridgestone's trade secret for a particular formula was discoverable. The court decided:
A. if a company can meet the test to prove that particular information truly represents a trade secret, that trade secret is never discoverable because allowing trade secrets to be made public would disrupt business and competition.
B. whenever a tire fails and an accident occurs, any formulas directly applicable to the construction of the tire are discoverable even if a trade secret is claimed.
C. the trade secret formula was not discoverable because the case could be proved by the tire's appearance and disclosure of the trade secret formula was therefore not pertinent.
D. because Mayberry was able to prove the general relevance of the formula to her case, she met her burden and the trade secret was discoverable.
5. Questions asked by an attorney of witnesses whom they have called to testify are called a cross-examination.
6. Voir dire:
A. is the process of notifying a defendant that he or she has been sued.
B. is the process of choosing a jury.
C. is a form of discovery.
D. is a motion made after trial seeking an appeal.
7. In American Express v. Italian Colors Restaurant, American Express entered into agreements with Italian Colors Restaurant and other merchants that accept American Express credit cards. The agreement required that all disputes be settled through arbitration and prohibits class actions. The merchants filed a class action antitrust claim against Amex, arguing that they should be allowed to bring the claim as a class because the cost of expert analysis to prove the case exceeded the maximum recovery available to an individual merchant plaintiff. How did the U.S. Supreme Court decide?
A. The Court ruled for Amex, holding that it did not violate antitrust laws.
B. The Court ruled for the merchants because not allowing the case would frustrate the purpose of having antitrust laws.
C. The Court ruled in favor of Amex, holding that the Federal Arbitration Act (FAA) does not permit courts to invalidate a contract based solely on the grounds that a plaintiff's dispute resolution costs exceed any potential amounts to be recovered. The Court concluded that the FAA reflects the overarching principle that arbitration is a matter of contract and that courts had a responsibility to rigorously enforce arbitration agreements according to their terms.
D. The Court ruled for the merchants because the waiver of class arbitration was not voluntary.
8. The Federal Arbitration Act provides a means for enforcement of arbitration agreements and decisions of arbitrators through the use of the state courts in the state in which the arbitration took place.
9. When the American Arbitration Association receives an application for appointment of an arbitrator, it:
A. appoints a tribunal administrator, who informs the parties of the procedures and rules of arbitration.
B. meets with a local trial judge to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
C. meets with attorneys from both sides to determine whether litigation or arbitration will be most efficient and advantageous based on the parties and the nature of the dispute.
D. receives a list of suggested arbitrators from both parties and then selects the arbitrator, who informs the parties of the procedures and rules of arbitration.
10. Which of the following is categorized as informal ADR?
A. mediation
B. arbitration
C. med-arb
D. negotiation
11. If a civil trial results in a hung jury:
A. this will be grounds for an automatic appeal and the appellate court will render a final decision.
B. the defendant wins.
C. the plaintiff wins.
D. the litigants must start the process over and conduct a trial with a new jury.
12. Which of the following is not required in order to show standing to assert a claim?
A. The party must be a citizen or taxpayer eligible to use the U.S. court system.
B. The party must suffer harm that is direct, concrete, and individualized.
C. The party must articulate what legal redress exists to compensate for the injury.
D. The party must have suffered an injury in fact.
13. Scoop Masters Inc. has been charged by Fab Flavors Corp. with stealing Fab Flavors' patented process for making ice cream. After the papers are filed, Scoop Masters begins shredding all documents pertaining to its ice cream-making process. Since no motion has been made requesting production of documents, Scoop Masters has done nothing wrong.
14. Mike has sued Kathy for injuries received in a traffic accident. If Kathy fails to respond to the complaint and summons within the proper time limit:
A. Mike wins based on a default judgment.
B. Mike wins based on a summary judgment.
C. Mike wins based on a judgment as a matter of law.
D. nothing happens—Kathy is not required to respond to a complaint and summons.
15. From first to last, which of the following trial stages are in the correct order?
A. pretrial conference; pleadings; discovery; deliberations
B. pleadings; discovery; pretrial conference; jury selection
C. discovery; jury selection; deliberations; charging the jury
D. pleadings; discovery; deliberations; jury selection