LSTD 2106 FINAL EXAM QUESTIONS
AND ANSWERS (ALREADY GRADED
A+)
Litigation - ANSWER-going to court (giving up control)
ADR (Alternative Dispute Resolution) - ANSWER-settlement of civil disputes between
parties using neutral mediators or arbitrators without going to court
Motion - ANSWER-When of the parties request the judge do do something in the
lawsuit
4 Stages of a Lawsuit - ANSWER-Pre-Lawsuit,Pleadings Stage,Discovery, Discovery
Tols
Standing - ANSWER-qualification to sue( show that there was an injury and show that
there's a solution)
Statutes of Limitations - ANSWER-plaintiff deadline to file a lawsuit
Complaint - ANSWER-brings a lawsuit to the court
Summons - ANSWER-a cover letter from the court saying you're being sued
Answer
Default Judgment - ANSWER-plaintiff wins automatically when defendant fails to send
an answer on time
Counterclaim - ANSWER-says that the plaintiff caused the defendant damages and
owes the defendant money
Cross-claim - ANSWER-document than any party can file can use to pull in an
additional outside party
general rule (discovery stage) - ANSWER-any evidence that is relevant to the lawsuit is
discoverable, unless protected by a privilege
Motion to compel - ANSWER-A motion to compel asks the court to enforce a request for
information relevant to a case
Deposition - ANSWER-used on witnesses and parties to give a testimony (deponent is
one doing the deposition)
,Subpoena duces teum - ANSWER-writ ordering a person to attend a court and bring
relevant documents
Interrogatories - ANSWER-questions that are posed in writing. The written answers are
under oath.
Request for admissions - ANSWER-helps us figure out which facts are agreed and
which are disputed
Request for production - ANSWER-a request to an opposing party for documents
relevant to the lawsuit
3 Types of Evidence - ANSWER-Testimonial
Documentary
Physical
Jury - ANSWER-Finder of facts
Judge - ANSWER-Finder of law
Voir dire - ANSWER-process of questioning potential jurors to sniff out biases
Opening statements - ANSWER-lays out a roadmap of what they want the jury to focus
on or what point they want to prove
Direct examination - ANSWER-plaintiff asks question of their first witness
Cross examination - ANSWER-defendant asks question of the plaintiff's first witness
Charging of the jury - ANSWER-judge gives the jury it's instructions
Standard of proof - ANSWER-tells us who has to persuade the jury to some extent to
have the jury rule in their favor
Deliberation - ANSWER-jury goes and discusses the case
preponderance of the evidence - ANSWER-Usually the standard of proof used in a civil
suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a
party must provide evidence that is more convincing than the other side's evidence.
beyond a reasonable doubt - ANSWER-The standard that must be met by the
prosecution's evidence in a criminal case: that there is no other logical explanation,
based on the facts, except that the defendant committed the crime
Verdict - ANSWER-the decision a jury makes in a trial; the decision said by the jury
, hung jury - ANSWER-a jury that is unable to agree on a verdict (the result is a mistrial)
Business ethics - ANSWER-A consciousness of what is right and wrong in the
workplace and a commitment to taking ethical course of action
Primary stakeholders - ANSWER-any of the groups above that are directly impacted by
a company's decisions
Secondary stakeholders - ANSWER-groups that are indirectly impacted
Values Management - ANSWER-a system that prioritizes moral values and putting
something in place that aligns with workers' moral actions
negotiation - ANSWER-A process in which parties attempt to settle their dispute
informally, with or without attorneys to represent them.
Mediation - ANSWER-A method of settling disputes outside of court by using the
services of a neutral third party, called a mediator. The mediator acts as a
communicating agent between the parties and suggests ways in which the parties can
resolve their dispute.
Expert Evaluation - ANSWER-Method of alternative dispute resolution in which an
independent expert acts as the neutral fact-finder; particularly useful for parties involved
in a business dispute where the issues are somewhat complex and related to the
intricacies of a certain industry or profession.
mini-trial - ANSWER-nonbinding process in which attorneys for the disputing parties
(typically corporations) present evidence to managers of the disputing parties and a
neutral third party, after which the managers attempt to negotiate a settlement in
consultation with the third party
Arbitration - ANSWER-the use of an arbitrator to settle a dispute.
Federal Arbitration Act (FAA) - ANSWER-if 2 parties agree in a contract in arbitration
usually the courts will enforce the arbitrator and their decision
Exceptions to the Federal Arbitration Act (when P is allowed to go to court) - ANSWER--
If it involves fraud or corruption
- If the arbitrator was biased
- Commits a procedural error that corrupts the process
- Arbitrator exceeds the power they were given under the contract or fails to use the
powers they were given
Ethical traps - ANSWER-Money
Competition
AND ANSWERS (ALREADY GRADED
A+)
Litigation - ANSWER-going to court (giving up control)
ADR (Alternative Dispute Resolution) - ANSWER-settlement of civil disputes between
parties using neutral mediators or arbitrators without going to court
Motion - ANSWER-When of the parties request the judge do do something in the
lawsuit
4 Stages of a Lawsuit - ANSWER-Pre-Lawsuit,Pleadings Stage,Discovery, Discovery
Tols
Standing - ANSWER-qualification to sue( show that there was an injury and show that
there's a solution)
Statutes of Limitations - ANSWER-plaintiff deadline to file a lawsuit
Complaint - ANSWER-brings a lawsuit to the court
Summons - ANSWER-a cover letter from the court saying you're being sued
Answer
Default Judgment - ANSWER-plaintiff wins automatically when defendant fails to send
an answer on time
Counterclaim - ANSWER-says that the plaintiff caused the defendant damages and
owes the defendant money
Cross-claim - ANSWER-document than any party can file can use to pull in an
additional outside party
general rule (discovery stage) - ANSWER-any evidence that is relevant to the lawsuit is
discoverable, unless protected by a privilege
Motion to compel - ANSWER-A motion to compel asks the court to enforce a request for
information relevant to a case
Deposition - ANSWER-used on witnesses and parties to give a testimony (deponent is
one doing the deposition)
,Subpoena duces teum - ANSWER-writ ordering a person to attend a court and bring
relevant documents
Interrogatories - ANSWER-questions that are posed in writing. The written answers are
under oath.
Request for admissions - ANSWER-helps us figure out which facts are agreed and
which are disputed
Request for production - ANSWER-a request to an opposing party for documents
relevant to the lawsuit
3 Types of Evidence - ANSWER-Testimonial
Documentary
Physical
Jury - ANSWER-Finder of facts
Judge - ANSWER-Finder of law
Voir dire - ANSWER-process of questioning potential jurors to sniff out biases
Opening statements - ANSWER-lays out a roadmap of what they want the jury to focus
on or what point they want to prove
Direct examination - ANSWER-plaintiff asks question of their first witness
Cross examination - ANSWER-defendant asks question of the plaintiff's first witness
Charging of the jury - ANSWER-judge gives the jury it's instructions
Standard of proof - ANSWER-tells us who has to persuade the jury to some extent to
have the jury rule in their favor
Deliberation - ANSWER-jury goes and discusses the case
preponderance of the evidence - ANSWER-Usually the standard of proof used in a civil
suit; the burden of proof that a party must meet in order to win the lawsuit. To win, a
party must provide evidence that is more convincing than the other side's evidence.
beyond a reasonable doubt - ANSWER-The standard that must be met by the
prosecution's evidence in a criminal case: that there is no other logical explanation,
based on the facts, except that the defendant committed the crime
Verdict - ANSWER-the decision a jury makes in a trial; the decision said by the jury
, hung jury - ANSWER-a jury that is unable to agree on a verdict (the result is a mistrial)
Business ethics - ANSWER-A consciousness of what is right and wrong in the
workplace and a commitment to taking ethical course of action
Primary stakeholders - ANSWER-any of the groups above that are directly impacted by
a company's decisions
Secondary stakeholders - ANSWER-groups that are indirectly impacted
Values Management - ANSWER-a system that prioritizes moral values and putting
something in place that aligns with workers' moral actions
negotiation - ANSWER-A process in which parties attempt to settle their dispute
informally, with or without attorneys to represent them.
Mediation - ANSWER-A method of settling disputes outside of court by using the
services of a neutral third party, called a mediator. The mediator acts as a
communicating agent between the parties and suggests ways in which the parties can
resolve their dispute.
Expert Evaluation - ANSWER-Method of alternative dispute resolution in which an
independent expert acts as the neutral fact-finder; particularly useful for parties involved
in a business dispute where the issues are somewhat complex and related to the
intricacies of a certain industry or profession.
mini-trial - ANSWER-nonbinding process in which attorneys for the disputing parties
(typically corporations) present evidence to managers of the disputing parties and a
neutral third party, after which the managers attempt to negotiate a settlement in
consultation with the third party
Arbitration - ANSWER-the use of an arbitrator to settle a dispute.
Federal Arbitration Act (FAA) - ANSWER-if 2 parties agree in a contract in arbitration
usually the courts will enforce the arbitrator and their decision
Exceptions to the Federal Arbitration Act (when P is allowed to go to court) - ANSWER--
If it involves fraud or corruption
- If the arbitrator was biased
- Commits a procedural error that corrupts the process
- Arbitrator exceeds the power they were given under the contract or fails to use the
powers they were given
Ethical traps - ANSWER-Money
Competition
