BUL 4421-MIDTERM FAU GENDLER EXAM QUESTIONS WITH VERIFIED ANSWERS
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Course
BUL 4421- FAU GENDLER
Institution
BUL 4421- FAU GENDLER
BUL 4421-MIDTERM FAU GENDLER EXAM QUESTIONS WITH VERIFIED ANSWERS
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint. - Answer-Default Judgment
A default judgement occurs when (2): - Answer-1. The defendant fails to answer the complaint.
2. The Plaintif...
BUL 4421-MIDTERM FAU GENDLER
EXAM QUESTIONS WITH VERIFIED
ANSWERS
A judgment in favor of the Plaintiff when the Defendant fails to respond to the complaint.
- Answer-Default Judgment
A default judgement occurs when (2): - Answer-1. The defendant fails to answer the
complaint.
2. The Plaintiff's complaint alleges facts that would support such a judgment.
Two preliminary pretrial motions are: MJP, MSJ - Answer-1. Motion for Judgment on the
Pleadings
2. Motion for Summary Judgment
In a civil case, a request is made by either party, *after pleadings have been entered,*
that asks a judge or a court, to issue a judgement. Court will grant it if it finds that the
only reasonable decision is in favor of the moving party. - Answer-Motion for Judgment
on the Pleadings
In a civil case, asserts *no factual disputes* exist. Asks a judge or court to promptly and
expeditiously dispose of case without a trial. Evidence admissible in trial will be
considered. The court can either hold oral arguments or decide the motion on the basis
of the parties' briefs and supporting documentation alone. - Answer-Motion for Summary
Judgment ("MSJ")
In a civil case, a request by the defendant that asks a judge or court to dismiss the case
because even if all the allegations are true, the plaintiff is not entitled to any legal relief.
- Answer-Motion to Dismiss (aka demurrer)
Difference between Motion for Summary Judgement and Motion for Judgment on the
Pleadings is that *in MSJ, the moving party may use:* - Answer-1. Affidavits
2. Relevant documents
3. Deposition transcripts or interrogatories in support of the Motion (i.e. extrinsic
evidence is considered).
The pretrial phase in a lawsuit during which each party requests relevant documents
and other evidence from the other side in an attempt to "discover" pertinent facts and
avoid any surprises in the courtroom during trial. - Answer-Discovery Phase
Common Discovery Tools (3): RID - Answer-1. Interrogatories
2. Request to Produce Documents
3. Deposition
,Written questions that one party sends to the other party to be answered under oath.
Done during the pretrial phase, this is to clarify matters of evidence and help determine
what facts will be presented at a trial in the case. - Answer-Interrogatories (aka Request
for Further Information)
Forces the opposing party to turn over certain information unless it is privileged. -
Answer-Request to Produce Documents
A pretrial sworn and recorded testimony of a witness that is acquired out of court with
no judge present. Used to impeach. - Answer-Deposition
Chapter 4: Alternative Dispute Resolution - Answer-Chapter 4: Alternative Dispute
Resolution
1. Refers to the resolution of legal disputes through methods other than litigation.
2. Usually is less expensive and less time-consuming that litigation. - Answer-
Alternative Dispute Resolution ("ADR")
Alternative Dispute Resolution (ADR) includes (7): ....SPAMMEN - Answer-1.
*S*ummary jury trials
2. *P*rivate trials
3. *A*rbitration
4. *M*ediation
5. *M*ini-trials
6. *E*arly neutral case evaluations
7. *N*egotiation
1. A *bargaining process* in which disputing parties interact informally, either with or
without lawyers, to attempt to resolves their dispute.
2. A neutral third party, such as a judge or jury, is not involved.
3. The parties maintain high levels of autonomy.
4. Adversarial negotiation
5. Problem-solving - Answer-Negotiation
A negotiation in which each party seeks to *maximize its own gain.* - Answer-
Adversarial negotiation
A negotiation in which the parties seek to *achieve joint gain.* - Answer-Problem-solving
The disputing parties select a neutral party to help facilitate communication and suggest
ways for the parties to solve their dispute. - Answer-Mediation
1. Alternative dispute resolution by neutral third party outside of judicial setting.
2. Voluntary process in that parties typically have a *contractual agreement to resolve*
disputes (only for civil, not criminal). - Answer-Arbitration
, Arbitration agreement may stipulate (2): - Answer-1. How arbitrator is *selected*
2. How arbitration is *administered*
1. Similar to a trial
2. Both parties present their case to a neutral third-party
3. Parties may represent themselves or use legal counsel - Answer-Arbitration Hearing
1. Arbitrator typically provides a decision within 30 days of the arbitration hearing.
2. Arbitrator's decision is called an award, even if no monetary compensation is
awarded. - Answer-Arbitrator's Award
1. More efficient & less expensive than litigation.
2. Parties have more control over the process.
3. Parties can choose arbitrator with expertise in field concerning dispute.
4. Arbitrator has greater flexibility in decision than judge. - Answer-Arbitration
Advantages
1. Injustice more likely to occur because appealing an arbitration award is very difficult.
2. Giving up important right to litigate.
3. The more business use arbitration the more it will become similar to litigation.
4. Disputes are hidden by arbitration process. - Answer-Arbitration Disadvantages
Provision in contract that mandates disputes arising under contract settled by
arbitration. - Answer-Binding Arbitration Clause
Contract providing that specific dispute resolved through arbitration. - Answer-
Submission Agreement
Grounds for rescinding an unconscionable contract. - Answer-Unconscionability
A term applied to a contract in which one party has so much bargaining power than the
other party that the powerful party dictates the terms of the agreement and eliminates
the other party's free will. - Answer-Unconscionable
A type of intensive negotiation in which disputing parties select neutral third party to
help: (i) Facilitate communication and (ii) Suggest ways for the parties to solve their
dispute. - Answer-Mediation
If the mediation is successful the parties enter into a ________________ agreement. -
Answer-mediation
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