Question 1

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

Accepted Answer

A) injunction 
B) cross-complaint 
C) rejoinder 
D) rebuttal 
A) injunction 
B) cross-complaint 
C) rejoinder 
D) rebuttal

Question 2

The complaint and summons are served on the plaintiff.

Accepted Answer

A) True 
 B)False

Question 3

A pretrial hearing is also known as a settlement conference.

Accepted Answer

A) True 
 B)False

Question 4

Briefly explain the steps involved in the pretrial litigation process.

Accepted Answer

To initiate a lawsuit, the plaintiff mus

Question 5

In a litigation process, the party who files a complaint is called the ________.

Accepted Answer

A) bailiff 
B) plaintiff 
C) prosecutor 
D) defendant 
A) bailiff 
B) plaintiff 
C) prosecutor 
D) defendant

Question 6

A deposition is oral testimony given by a party or witness during the trial.

Accepted Answer

A) True 
 B)False

Question 7

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

Accepted Answer

A) True 
 B)False

Question 8

A trial is conducted with a jury only when the defendant requests a jury trial.

Accepted Answer

A) True 
 B)False

Question 9

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

Accepted Answer

A) motion for judgment on the pleadings 
B) motion for summary judgment 
C) motion for judgment notwithstanding the verdict 
D) motion to set aside judgment 
A) motion for judgment on the pleadings 
B) motion for summary judgment 
C) motion for judgment notwithstanding the verdict 
D) motion to set aside judgment

Question 10

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Accepted Answer

A) True 
 B)False

Question 11

A(n)________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.

Accepted Answer

A) pretrial hearing 
B) arbitration 
C) mini-trial 
D) appeal 
A) pretrial hearing 
B) arbitration 
C) mini-trial 
D) appeal

Question 12

Interventions are written questions submitted by one party to a lawsuit to the other party.

Accepted Answer

A) True 
 B)False

Question 13

While answering a complaint, a defendant cannot assert affirmative defenses.

Accepted Answer

A) True 
 B)False

Question 14

What is direct examination?

Accepted Answer

A) inspection and verification of all documents related to a trial by the judge 
B) inspection and verification of all documents related to a trial by the jurors 
C) witnesses being questioned by the plaintiff's attorney 
D) prospective jurors being questioned by the judge or lawyers of each party 
A) inspection and verification of all documents related to a trial by the judge 
B) inspection and verification of all documents related to a trial by the jurors 
C) witnesses being questioned by the plaintiff's attorney 
D) prospective jurors being questioned by the judge or lawyers of each party

Question 15

Which of the following statements is true about appellate courts?

Accepted Answer

A) Appellate courts cannot reverse a finding of fact made by the jury. 
B) Appellate courts cannot reverse a finding of fact made by the judge. 
C) Appellate courts permit brief oral arguments between attorneys. 
D) An appellate court cannot reverse a decision of a lower court. 
A) Appellate courts cannot reverse a finding of fact made by the jury. 
B) Appellate courts cannot reverse a finding of fact made by the judge. 
C) Appellate courts permit brief oral arguments between attorneys. 
D) An appellate court cannot reverse a decision of a lower court.

Question 16

Only the defendant can appeal in a criminal case.

Accepted Answer

A) True 
 B)False

Question 17

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Accepted Answer

A) Consolidation 
B) Trial of fact 
C) Voir dire 
D) Intervention 
A) Consolidation 
B) Trial of fact 
C) Voir dire 
D) Intervention

Question 18

Once a complaint has been filed with the court, the court will issue a ________, directing the defendant to appear in court.

Accepted Answer

A) answer 
B) rejoinder 
C) summons 
D) judicial restraint 
A) answer 
B) rejoinder 
C) summons 
D) judicial restraint

Question 19

A defendant can answer a complaint and file a cross-complaint at the same time.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Accepted Answer

A) motion for summary judgment 
B) motion for judgment on the pleadings 
C) motion for a directed verdict 
D) motion for judgment notwithstanding the verdict 
A) motion for summary judgment 
B) motion for judgment on the pleadings 
C) motion for a directed verdict 
D) motion for judgment notwithstanding the verdict

Exam 3: Judicial,Alternative,and E-Dispute Resolution

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.

The complaint and summons are served on the plaintiff.

A pretrial hearing is also known as a settlement conference.

Briefly explain the steps involved in the pretrial litigation process.

In a litigation process, the party who files a complaint is called the ________.

A deposition is oral testimony given by a party or witness during the trial.

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

A trial is conducted with a jury only when the defendant requests a jury trial.

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

A(n)________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.

Interventions are written questions submitted by one party to a lawsuit to the other party.

While answering a complaint, a defendant cannot assert affirmative defenses.

What is direct examination?

Which of the following statements is true about appellate courts?

Only the defendant can appeal in a criminal case.

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Once a complaint has been filed with the court, the court will issue a ________, directing the defendant to appear in court.

A defendant can answer a complaint and file a cross-complaint at the same time.

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Legal Heritage and the Digital Age

Courts and Jurisdiction

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

E-Commerce and Digital Law

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, Defenses, and Discharge

Banks, E-Money, and Financial Reform

Credit,Mortgages,and Debtor's Rights

Secured Transactions and E-Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment, Worker Protection, and Immigration Law

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Business, Entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, E-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants' Duties and Liability

Wills Trusts and Estates

Family Law

International and World Trade Law

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