LENB Test 1 El-Jourbagy Questions with 100%
Correct Answers
SHORT ANSWER: Name and describe the three types of discovery. - ✔️✔️1.) Interrogatories:
Written questions that one party send to the other to answer under oath.
2.) Request to Produce Documents: forces the opposing party to produce certain information
unless it is privileged or irrelevant to the case. (ex. photographs, contracts, written estimates,
medical records, tax forms, and other government documents.
3.) Deposition: Attorneys examine a witness under oath. Provides information and may also set
up inconsistencies between witness's testimonies at the deposition and his testimony at trial.
Can also be used if a witness is elderly, moving, or ill and thus may be unavailable at the time of
the trial.
"John said that he did blank". What is this statement called? - ✔️✔️Heresay
When an Appellate Court accepts a verdict from a lower court, what is it doing? - ✔️✔️It is
affirming the decision.
If an Appellate court finds that the lower court was incorrect, what can the Appellate Court do?
- ✔️✔️The Appellate Court can reverse the decision of the lower court.
What is a concurring opinion? - ✔️✔️A concurring opinion is when a judge agrees with the
majority's decision but for different reasons, stating the reasons she used to reach the
majority's conclusion.
SHORT ANSWER: What is Alternative Dispute Resolution (ADR)? - ✔️✔️The resolution of legal
problems through methods other than litigation.
SHORT ANSWER: What is Litigation? - ✔️✔️The process of taking legal action.
, SHORT ANSWER: What is the difference between ADR and Litigation? - ✔️✔️The difference
between ADR and Litigation is that ADR can be separate of the court system and uses
negotiation and mediations to resolve issues between parties, whereas Litigation is the
preparation of and presentation of a case in court.
SHORT ANSWER: What are the three major types of ADR? - ✔️✔️Negotiation, Mediation, and
Arbitration.
SHORT ANSWER: Define negotiation - ✔️✔️Negotiation is a bargaining process in which the
disputing parties interact informally to attempt to resolve their dispute.
SHORT ANSWER: Define mediation - ✔️✔️A type of intensive negotiation in which disputing
parties select a neutral third party to help facilitate communication and suggest ways for the
parties to solve their dispute.
SHORT ANSWER: Define arbitration - ✔️✔️A type of ADR in which disputes are submitted for
resolution to private nonofficial person selected in a manner provided by law or the agreement
of the parties.
What is a binding arbitration clause? - ✔️✔️A contract provision mandating that all disputes
arising under the contract must be settled by arbitration.
What is an unconscionable contract provision? - ✔️✔️a constraint on binding arbitration clauses.
Defined as one as in which the terms are "manifestly unfair or oppressive and are dictated by a
dominant party."
What is a Summary Jury Trial? - ✔️✔️An abbreviated trial that leads to a non-binding jury verdict.
What is a Mini Trial? - ✔️✔️A type of conflict resolution in which lawyers for each side present
their arguments to a neutral advisor, who then offers an opinion as to what the verdict would
be if the case went to trial. This decision is NOT binding.
Correct Answers
SHORT ANSWER: Name and describe the three types of discovery. - ✔️✔️1.) Interrogatories:
Written questions that one party send to the other to answer under oath.
2.) Request to Produce Documents: forces the opposing party to produce certain information
unless it is privileged or irrelevant to the case. (ex. photographs, contracts, written estimates,
medical records, tax forms, and other government documents.
3.) Deposition: Attorneys examine a witness under oath. Provides information and may also set
up inconsistencies between witness's testimonies at the deposition and his testimony at trial.
Can also be used if a witness is elderly, moving, or ill and thus may be unavailable at the time of
the trial.
"John said that he did blank". What is this statement called? - ✔️✔️Heresay
When an Appellate Court accepts a verdict from a lower court, what is it doing? - ✔️✔️It is
affirming the decision.
If an Appellate court finds that the lower court was incorrect, what can the Appellate Court do?
- ✔️✔️The Appellate Court can reverse the decision of the lower court.
What is a concurring opinion? - ✔️✔️A concurring opinion is when a judge agrees with the
majority's decision but for different reasons, stating the reasons she used to reach the
majority's conclusion.
SHORT ANSWER: What is Alternative Dispute Resolution (ADR)? - ✔️✔️The resolution of legal
problems through methods other than litigation.
SHORT ANSWER: What is Litigation? - ✔️✔️The process of taking legal action.
, SHORT ANSWER: What is the difference between ADR and Litigation? - ✔️✔️The difference
between ADR and Litigation is that ADR can be separate of the court system and uses
negotiation and mediations to resolve issues between parties, whereas Litigation is the
preparation of and presentation of a case in court.
SHORT ANSWER: What are the three major types of ADR? - ✔️✔️Negotiation, Mediation, and
Arbitration.
SHORT ANSWER: Define negotiation - ✔️✔️Negotiation is a bargaining process in which the
disputing parties interact informally to attempt to resolve their dispute.
SHORT ANSWER: Define mediation - ✔️✔️A type of intensive negotiation in which disputing
parties select a neutral third party to help facilitate communication and suggest ways for the
parties to solve their dispute.
SHORT ANSWER: Define arbitration - ✔️✔️A type of ADR in which disputes are submitted for
resolution to private nonofficial person selected in a manner provided by law or the agreement
of the parties.
What is a binding arbitration clause? - ✔️✔️A contract provision mandating that all disputes
arising under the contract must be settled by arbitration.
What is an unconscionable contract provision? - ✔️✔️a constraint on binding arbitration clauses.
Defined as one as in which the terms are "manifestly unfair or oppressive and are dictated by a
dominant party."
What is a Summary Jury Trial? - ✔️✔️An abbreviated trial that leads to a non-binding jury verdict.
What is a Mini Trial? - ✔️✔️A type of conflict resolution in which lawyers for each side present
their arguments to a neutral advisor, who then offers an opinion as to what the verdict would
be if the case went to trial. This decision is NOT binding.
