Question 1

The appellant is often required to post a ________ on appeal.

Accepted Answer

A)  executory decree 
B)  bond 
C)  certification letter 
D)  party-in-interest decree 
A)  executory decree 
B)  bond 
C)  certification letter 
D)  party-in-interest decree B

Question 2

Which of the following statements is true about appellate courts?

Accepted Answer

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

Question 3

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 B

Question 4

Which of the following statements best describes direct examination?

Accepted Answer

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

Question 5

A(n)________ is filed by the appellant's attorney with the court that sets forth legal research and other information to support his or her contentions on appeal.

Accepted Answer

A)  opening brief 
B)  responding brief 
C)  sequester 
D)  remittitur 
A)  opening brief 
B)  responding brief 
C)  sequester 
D)  remittitur

Question 6

Juries do not preside over administrative proceedings.

Accepted Answer

A) True 
 B)False

Question 7

The statute of limitations establishes the period within which ________.

Accepted Answer

A)  a plaintiff must bring a lawsuit against a defendant 
B)  a defendant must file a written answer against a plaintiff's complaint 
C)  a defendant can file a cross-complaint against the plaintiff 
D)  a motion for judgment on the pleadings can be made by either party 
A)  a plaintiff must bring a lawsuit against a defendant 
B)  a defendant must file a written answer against a plaintiff's complaint 
C)  a defendant can file a cross-complaint against the plaintiff 
D)  a motion for judgment on the pleadings can be made by either party

Question 8

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Accepted Answer

A)  Complaint 
B)  Order 
C)  Appeal 
D)  Rejoinder 
A)  Complaint 
B)  Order 
C)  Appeal 
D)  Rejoinder

Question 9

Which of the following statements best describes jury deliberation?

Accepted Answer

A)  It involves re-questioning a particular witness from one of the parties by the jurors. 
B)  It involves consideration of the evidence and an attempt to reach a decision by the jurors. 
C)  It involves disagreement by the jury and the judge on the outcome of the case. 
D)  It involves the replacement of jurors in case of illness or disqualification. 
A)  It involves re-questioning a particular witness from one of the parties by the jurors. 
B)  It involves consideration of the evidence and an attempt to reach a decision by the jurors. 
C)  It involves disagreement by the jury and the judge on the outcome of the case. 
D)  It involves the replacement of jurors in case of illness or disqualification.

Question 10

If an agreement does not contain an arbitration clause,the parties may nevertheless agree to arbitration by entering into a ________ agreement.

Accepted Answer

A)  compliance 
B)  capitulation 
C)  deference 
D)  submission 
A)  compliance 
B)  capitulation 
C)  deference 
D)  submission

Question 11

What is the purpose of a pretrial hearing?

Accepted Answer

Federal court rules and most state court

Question 12

Which of the following statements best describes re-direct examination?

Accepted Answer

A)  The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. 
B)  The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. 
C)  The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. 
D)  The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney. 
A)  The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. 
B)  The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. 
C)  The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. 
D)  The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Question 13

Class members do not have the right to opt out of the class action and pursue their own legal process against the defendant.

Accepted Answer

A) True 
 B)False

Question 14

A motion for judgment on the pleadings asserts that a case can be decided before trial by a judge.

Accepted Answer

A) True 
 B)False

Question 15

Analyze how facts pertaining to a case are uncovered in the process of discovery.

Accepted Answer

During discovery,each party engages in v

Question 16

A ________ must be filed within a prescribed time,usually within 60 or 90 days,after judgment is entered.

Accepted Answer

A)  declaratory verdict 
B)  summary judgment 
C)  notice of appeal 
D)  stay of execution 
A)  declaratory verdict 
B)  summary judgment 
C)  notice of appeal 
D)  stay of execution

Question 17

While settling a dispute online,the parties must legally be represented by attorneys.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

Accepted Answer

A)  The FAA permits parties to obtain a court order to compel arbitration with an arbitration agreement. 
B)  The FAA permits federal courts to hear issues of law that have been decided by an arbitrator. 
C)  The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D)  Breach of contract cases and tort claims are not candidates for arbitration as per the FAA. 
A)  The FAA permits parties to obtain a court order to compel arbitration with an arbitration agreement. 
B)  The FAA permits federal courts to hear issues of law that have been decided by an arbitrator. 
C)  The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D)  Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Question 19

________ advise the president and are responsible for enforcing specific laws enacted by Congress.

Accepted Answer

A)  Cabinet-level federal departments 
B)  Federal administrative agencies 
C)  State administrative agencies 
D)  Nonjudicial federal departments 
A)  Cabinet-level federal departments 
B)  Federal administrative agencies 
C)  State administrative agencies 
D)  Nonjudicial federal departments

Question 20

A reply by a plaintiff to a cross-complaint can include affirmative defenses.

Accepted Answer

A) True 
 B)False

Exam 4: Judicial Alternative Administrative and E-Dispute Resolution

The appellant is often required to post a ________ on appeal.

Which of the following statements is true about appellate courts?

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

Which of the following statements best describes direct examination?

A(n)________ is filed by the appellant's attorney with the court that sets forth legal research and other information to support his or her contentions on appeal.

Juries do not preside over administrative proceedings.

The statute of limitations establishes the period within which ________.

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Which of the following statements best describes jury deliberation?

If an agreement does not contain an arbitration clause,the parties may nevertheless agree to arbitration by entering into a ________ agreement.

What is the purpose of a pretrial hearing?

Which of the following statements best describes re-direct examination?

Class members do not have the right to opt out of the class action and pursue their own legal process against the defendant.

A motion for judgment on the pleadings asserts that a case can be decided before trial by a judge.

Analyze how facts pertaining to a case are uncovered in the process of discovery.

A ________ must be filed within a prescribed time,usually within 60 or 90 days,after judgment is entered.

While settling a dispute online,the parties must legally be represented by attorneys.

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

________ advise the president and are responsible for enforcing specific laws enacted by Congress.

A reply by a plaintiff to a cross-complaint can include affirmative defenses.

Legal Heritage and the Digital Age

Constitutional Law for Business and E-commerce

Courts and Jurisdiction

Intentional Torts and Negligence

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System and Electronic Financial Transactions

Credit, Real Property Financing, and Secured Transactions

Bankruptcy and Reorganization

Agency law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchise and Special Forms of Business

Investor Protection, E-Securities, and Wall Street Reform

Antitrust Law and Unfair Trade Practices

Consumer Safety and Environmental Protection

Labor, Worker Protection, and Immigration Laws

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

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Accountants' Duties and Liability

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