Cohen Final Exam

The first document filed in a lawsuit is? - Answer- Complaint An answer may include the following? Counter claim against? Cross claim against? - Answer- Defenses A counter claim is used against a __ where a cross claim is used against a __ - Answer- Plaintiff / Third Party not currently a party in the Complaint A default judgment is given to: - Answer- The plaintiff when the defendant fails to provide evidence Which is usually the first form of discovery in a civil trial? - Answer- Interrogatories A motion for summary judgment: - Answer- No dispute of facts only how to apply the law Voire Dire - Answer- Can be used to profile jurors and eliminate them with a peremptory challenge or challenge for cause Which best describes the cost of the following ADR methods from least to most: - Answer- 1. Negotiation 2. Mediation 3. Arbitration Other than cost, a main benefit that Negotiation has over a Trial is: - Answer- Privacy, No lawyers, No courts Facilitative mediators mainly try to: - Answer- Get the parties to communicate Arbitration is most likely to be used when: - Answer- Breach of contract when there is a arbitration clause The goal of the Federal Arbitration Act is to ensure that: - Answer- Eliminate court interference A complaint may be dismissed by a motion to dismiss when: - Answer- Failure to state a claim, base pleading, no smj The defendant's response to a complaint is called a: - Answer- answer