Week 7-8 Lecture

Question 1

Arbitration can be (1) or (2), which in turn can be decided by (3) or by (4).

Answer 1

1. binding 2. non-binding 3. agreement between parties 4. court order

Question 2

Compulsory arbitration in Arizona happens at less than (1). (2) can throw this into doubt and make the case not subject for CA. A (3) says a case is not subject to compulsory arbitration.

Answer 2

1, $50,000 2. Pain and suffering 3. controverting certificate

Question 3

Parties can have a (1) for arbitation. The (2) do apply, but where a (3) is normally considered hearsay, it is ok for arbitration. If arbitration is appealed, it goes to court (4)

Answer 3

1. court reporter 2. rules of evidence 3. doctor’s report 4. de novo

Question 4

Offers of judgment are not (1) because that would take away incentive to settle. Offers of judgment are not (2), but are (3). If an OJ is accepted, this is a (4). The person making the judgment is never (5), though a person refusing one can be.

Answer 4

1. admissible 2. filed with the court 3. noticed 4. settlement 5. sanctioned

Question 5

An offer of judgment can be (1), (2) or (3).

Answer 5

1. accepted 2. rejected affirmatively 3. rejected by ignoring it for 30 days (deemed rejected)

Question 6

If the offeror gets a judgment (1) or (2) the offer of judgment, the one who refused the offer gets sanctioned by the (3). This is (4) from the time of making the offer, plus (5).

Answer 6

1. equal to 2. greater than 3. court 4. taxable costs 5. expert fees

Question 7

It is in the offeror’s best interest to make an OJ as (1) as possible as (2) as possible.

Answer 7

1. low 2. early

Question 8

The (1) for fees is that each pays his own way, regardless of (2). (3) and (4) can make exceptions to this.

Answer 8

1. American Rule 2. win or loss 3. agreements (contracts, which judge cannot change) 4. statute/rule

Question 9

Punitive damages are (1) and have no interest in the (2).

Answer 9

1. very rare 2. victim’s behavior (eg, cigarette smokers v. tobacco cos)

Question 10

Legal remedies are (1) where equitable remedies are (2).

Answer 10

1. money 2. not money

Question 11

Provisional remedies are those obtained (1), which raises a red flag because of the lack of (2). However, they don’t (3) but simply put that part on (4). They may require the plaintiff to pay damages if (5).

Answer 11

1. before trial 2. due process 3. allieviate trial 4. hold 5. lose at trial

Question 12

Two most common (and quiz-related) types of provisional remedies

Answer 12

1. injunctions (stop an action–often a side remedy to a bigger action) 2. specific performance (rare! Unique stuff only!)

Question 13

3 types of injunctions

Answer 13

1. permanent 2. temporary restraining order (Band-Aid) 3. preliminary (cast)

Question 14

Permanent injunctions involve a (1) instead of a (2). They are ordered upon (3) of the case and are (4) equitable remedy.

Answer 14

1. whole cause of action 2. side action 3. merits of the case 4. pure

Question 15

TROs can be granted (1) which is very rare in litigation. They are (2) but can be transformed into a (3).

Answer 15

1. ex parte (absence of other party) 2. fleeting (last only until hearing) 3. preliminary injunction

Question 16

3 ways a TRO may be granted without notice

Answer 16

1. motion supported by affidavit/verified complaint – immediate, irreparably injury 2. affidavit of efforts made to provide notice 3. affidavit of reason why notice is not required

Question 17

6 prerequisites to both restraining orders and prelim injunctions

Answer 17

1. security in amount court deems to cover costs/damages if wrongfully restrained (check to court, or bonding company) 2. demonstration of likelihood of success on merits 3. threatened injury exceeds injury to restrained party 4. not against public interest 5. inadequate legal remedy 6. more required for ex parte - quick argument - judge uses risk/benefit analysis

Question 18

A TRO Order is typed by the (1) to be signed by the (2) and must demonstrate (3), (4), (5), and (6).

Answer 18

1. attorney 2. judge 3. why specific injury is irreparable 4. why it is granted without notice 5. acts enjoined (reasonable detail) 6. sets date for hearing for prelim injunction at early date (quick evidentiary hearing)

Question 19

Allegations in the (1) for the factual basis for the motion for prelim injunction, which should be (2) by the party. The two are usually filed (3). A TRO should contain a request for a preliinary injunction, since it will usually be more than (4) until trial.

Answer 19

1. complaint 2. verified 3. simultaneously 4. 15 days

Question 20

A preliminary injunction has similar but (1) requirements than a TRO

Answer 20

1. higher (more argument, evidence, etc.)

Question 21

The most coming reason given for Motion to Dismiss is (1). In examining a MtD, the court looks at the (2) of the (3)–at the (4) and (5) of it, such that something outside of it, like (6) would not be examined.

Answer 21

1. failure to state a claim upon which relief can be granted 2. four corners 3. complaint 4. facts 5. law 6. evidence

Question 22

Though a preliminary injunction is usually preceded by a (1), you can attempt to go straight to this. A preliminary injunction requires (2) notice to the other party, and an (3) hearing.

Answer 22

1. TRO 2. 5 days 3. evidentiary

Question 23

A preliminary inj. Hearing is determinative only on the (1), EXCEPT to show (2). Proof need not be replicated at (3). It requires (4) to be determined by the court in a (5). Unlike a TRO, it stays the action until (6).

Answer 23

1. provisional remedy issue 2. likelihood of success on merits 3. trial 4. bond 5. bond hearing 6. goes until trial

Question 24

Writs of Possesion are the same as (1) and require no (2).

Answer 24

1. repos 2. trial on merits

Question 25

Lis Pendens is the same as repo, but with (1). It places a (2) on the property, and (3) is recorded. This is often used for (4).

Answer 25

1. real property 2. lien 3. notice 4. HOA fees

Question 26

For summary judgment, unlike MtD, the court looks at (1). This is a judgment entered by the court before (2). Where MtD is filed by the (3) only, MSJ can be filed by (4) OR (5).

Answer 26

1. evidence 2. trial 3. defendant 4. plaintiff 5. defendant

Question 27

An MSJ can be (1) or (2). The difference between SJ and a jury trial is the lack of (3), which requires a lack of (4). Thus, the only argument is over (5) and the defense against an MSJ is to (6).

Answer 27

1. partial 2. full 3. jury 4. dispute over material facts 5. law 6. there is a dispute of material facts

Question 28

An MSJ is made within (1) of trial OR by (2) in Arizona. It contains a (3) and a (4), which in turn contains (5) and (6).

Answer 28

1. 90 days 2. scheduling order 3. motion 4. statement of facts 5. affidavits 6. evidence (exhibits, etc.)

Question 29

The respondant to an MSJ responds with a (1), (2) and (3). Response time in AZ is (4) and reply time is (5)./

Answer 29

1. response 2. response to SOF 3. own SOF 4. 30 days 5. 15 days

Question 30

4 ways dismissals can happen

Answer 30

1. stipulated (parties agree) 2. voluntary (entirely or just presently with ability to refile) 3. court-ordered involuntary 4. consent decree

Question 31

The plaintiff may file a voluntary dismissal before an (1) or (2) is filed.

Answer 31

1. answer 2. MSJ

Question 32

3 reasons a court may dismiss a case

Answer 32

1. failure to prosecute 2. failure to comply with court order 3. following motion from a defendant

Question 33

A consent decree outlines the details of the (1) and is (2) requesting (3) or (4)

Answer 33

1. settlement agreed by parties 2. filed with court 3. approval 4. disapproval

Question 34

In an SOF, (1) can suffice as evidence because they are as good as testimony, although they CANNOT replace a (2). Response time to an MSJ is extra because it can (3). SOFs REQUIRES (4) and thus, some (5).

Answer 34

1. affidavits by the client 2. deposition 3. end a case. 4. evidence 5. discovery