1. Paul sues Dan for “aesthetic pollution.” The basis for his suit is Dan’s habit of wearing clothes Paul considers ugly. Paul’s complaint offers details of Dan’s “ugly” clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul’s claim as fast as possible. The best procedural device for doing so is:
A) The motion to dismiss for failure to state a claim upon which relief can be granted (or demurrer).
B) The motion for summary judgment
C) The motion for judgment not withstanding the verdict
D) The motion for a directed verdict
2. The form of ADR called court-annexed arbitration:
A) Requires that a judge act as arbitrator.
B) Requires that the arbitration follow the same procedures as would be followed in a regular civil case.
C) Is a hybrid of mediation and arbitration.
D) Involves the diversion of state trial court cases into arbitration.
