BUL 4421 FAU GENDLER EXAMINERS UPDATED
SET QUESTIONS AND ANSWERS SURE A+
✔✔A Motion for Judgement on the Pleadings - ✔✔Requests for the court to consider
that all the facts in the pleadings are true and to apply the law to those facts
✔✔The Judgement on the Pleadings will grant the motion if - ✔✔It finds that the only
reasonable decision is in favor of the moving party
✔✔A Motion for Summary Judgement - ✔✔Asserts that no factual disputes exist and
that if the judge applied the law to the undisputed facts, the only reasonable decision
would be in favor of the moving party
✔✔The difference between Motion for Judgement on the Pleadings and Motion for
Summary Judgement is that in MSJ - ✔✔The moving party may use affidavits (relevant
documents) and depositions (interrogatories) in support of the motion
✔✔How do parties gather information before trial? - ✔✔Interrogatories, Request to
Produce Documents, Depositions
✔✔Interrogatories - ✔✔Written questions that one party sends to the other party to be
answered under oath
, ✔✔Request to Produce Documents - ✔✔Forces the opposing party to turn over certain
information unless its privileged
✔✔Deposition - ✔✔Attorneys examine a witness under oath, and a court reporter
records every word the witness speaks
✔✔Alternative Dispute Resolution - ✔✔Refers to the resolution of legal disputes
through methods other than litigation, such as negotiation, mediation, arbitration,
summary jury trials, minitrials, early neutral case evaluations and private trials
✔✔Alternative Dispute Resolutions are usually less expensive and less time-consuming
than _____ - ✔✔Litigation
✔✔Arbitration - ✔✔Resolution of a dispute by a neutral third party outside of judicial
setting
✔✔Arbitration is a voluntary process in that parties typically have a _____ to arbitrate
any disputes - ✔✔Contractual Agreement
✔✔Arbitration Hearing - ✔✔Similar to a trial. Both parties present their case to a neutral
third-party; they may represent themselves or use legal council
✔✔The arbitrator's decision is called an - ✔✔Award
✔✔The arbitrator typically provides a decision within _____ days of an arbitration
hearing. - ✔✔30
✔✔Advantages of Arbitration - ✔✔- More efficient and less expensive than litigation
- Parties have more control over the process
- Parties can choose someone with expertise in the field concerning the dispute
- Greater flexibility in decision making than a judge
✔✔Disadvantages of Arbitration - ✔✔- Injustice is more likely to occur (appealing is
difficult)
- Giving up important civil right to litigate
- Will become similar to litigation the more it is used by businesses
- Disputes are hidden by the arbitration process
✔✔What are methods of securing arbitration? - ✔✔Binding Arbitration Clause,
Submission Agreement
✔✔Binding Arbitration Clause - ✔✔A provision in a contract that mandates that all
disputes arising under the contract must be settled by arbitration
SET QUESTIONS AND ANSWERS SURE A+
✔✔A Motion for Judgement on the Pleadings - ✔✔Requests for the court to consider
that all the facts in the pleadings are true and to apply the law to those facts
✔✔The Judgement on the Pleadings will grant the motion if - ✔✔It finds that the only
reasonable decision is in favor of the moving party
✔✔A Motion for Summary Judgement - ✔✔Asserts that no factual disputes exist and
that if the judge applied the law to the undisputed facts, the only reasonable decision
would be in favor of the moving party
✔✔The difference between Motion for Judgement on the Pleadings and Motion for
Summary Judgement is that in MSJ - ✔✔The moving party may use affidavits (relevant
documents) and depositions (interrogatories) in support of the motion
✔✔How do parties gather information before trial? - ✔✔Interrogatories, Request to
Produce Documents, Depositions
✔✔Interrogatories - ✔✔Written questions that one party sends to the other party to be
answered under oath
, ✔✔Request to Produce Documents - ✔✔Forces the opposing party to turn over certain
information unless its privileged
✔✔Deposition - ✔✔Attorneys examine a witness under oath, and a court reporter
records every word the witness speaks
✔✔Alternative Dispute Resolution - ✔✔Refers to the resolution of legal disputes
through methods other than litigation, such as negotiation, mediation, arbitration,
summary jury trials, minitrials, early neutral case evaluations and private trials
✔✔Alternative Dispute Resolutions are usually less expensive and less time-consuming
than _____ - ✔✔Litigation
✔✔Arbitration - ✔✔Resolution of a dispute by a neutral third party outside of judicial
setting
✔✔Arbitration is a voluntary process in that parties typically have a _____ to arbitrate
any disputes - ✔✔Contractual Agreement
✔✔Arbitration Hearing - ✔✔Similar to a trial. Both parties present their case to a neutral
third-party; they may represent themselves or use legal council
✔✔The arbitrator's decision is called an - ✔✔Award
✔✔The arbitrator typically provides a decision within _____ days of an arbitration
hearing. - ✔✔30
✔✔Advantages of Arbitration - ✔✔- More efficient and less expensive than litigation
- Parties have more control over the process
- Parties can choose someone with expertise in the field concerning the dispute
- Greater flexibility in decision making than a judge
✔✔Disadvantages of Arbitration - ✔✔- Injustice is more likely to occur (appealing is
difficult)
- Giving up important civil right to litigate
- Will become similar to litigation the more it is used by businesses
- Disputes are hidden by the arbitration process
✔✔What are methods of securing arbitration? - ✔✔Binding Arbitration Clause,
Submission Agreement
✔✔Binding Arbitration Clause - ✔✔A provision in a contract that mandates that all
disputes arising under the contract must be settled by arbitration
