Question 1

Which of the following is a legislative power granted to an administrative agency?

Accepted Answer

A)  the power to adopt a rule or regulation 
B)  the power to adjudicate a dispute 
C)  the power to issue an interpretive rule 
D)  the power to issue a substantive rule 
A)  the power to adopt a rule or regulation 
B)  the power to adjudicate a dispute 
C)  the power to issue an interpretive rule 
D)  the power to issue a substantive rule

Question 2

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother.They wish to settle their case out of court.Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Rita keeps 60 percent of the inheritance while Robert gets the remainder.In this scenario,the ________ method of alternative dispute resolution is used.

Accepted Answer

A)  negotiation 
B)  arbitration 
C)  pre-trial hearing 
D)  mini-trial 
A)  negotiation 
B)  arbitration 
C)  pre-trial hearing 
D)  mini-trial

Question 3

During a cross-examination,a defendant's attorney can ask questions that were not part of the direct examination.

Accepted Answer

A) True 
 B)False

Question 4

An appellate court will reverse a lower court decision if it finds an error of law in the record.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements is true about the pretrial litigation process?

Accepted Answer

A)  To initiate a lawsuit, the plaintiff must file an appeal in the proper court. 
B)  If the plaintiff does not answer a complaint, a default judgment is entered against him or her. 
C)  A plaintiff files a cross-complaint against the defendant to seek damages. 
D)  A default judgment establishes the defendant's liability. 
A)  To initiate a lawsuit, the plaintiff must file an appeal in the proper court. 
B)  If the plaintiff does not answer a complaint, a default judgment is entered against him or her. 
C)  A plaintiff files a cross-complaint against the defendant to seek damages. 
D)  A default judgment establishes the defendant's liability.

Question 6

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

Accepted Answer

A)  mediation 
B)  mini-trial 
C)  e-court 
D)  judicial-referee 
A)  mediation 
B)  mini-trial 
C)  e-court 
D)  judicial-referee

Question 7

Litigation is a difficult,time-consuming,and costly process that must comply with complex procedural rules.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements is true about class actions?

Accepted Answer

A)  A class will not be certified if there is not sufficient commonality among the plaintiffs' claims. 
B)  A class can be certified if the legal and factual claims of all of the parties are different. 
C)  A class can only be certified by a federal court. 
D)  A class, once certified, cannot be published to its class members. 
A)  A class will not be certified if there is not sufficient commonality among the plaintiffs' claims. 
B)  A class can be certified if the legal and factual claims of all of the parties are different. 
C)  A class can only be certified by a federal court. 
D)  A class, once certified, cannot be published to its class members.

Question 9

A virtual courthouse refers to a court that either mandates or permits the electronic filing of pleadings,briefs,and other documents related to a lawsuit.

Accepted Answer

A) True 
 B)False

Question 10

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

Question 11

The term ________ refers to the oral testimony given by a party or witness prior to trial.

Accepted Answer

A)  class action 
B)  deposition 
C)  accommodation 
D)  intervention 
A)  class action 
B)  deposition 
C)  accommodation 
D)  intervention

Question 12

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 13

Which of the following can be filed by the defendant of a lawsuit?

Accepted Answer

A)  complaint 
B)  answer 
C)  reply 
D)  injunction 
A)  complaint 
B)  answer 
C)  reply 
D)  injunction

Question 14

How has the Internet revolutionized the way lawyers and courts operate?

Accepted Answer

The Internet,email,websites,and other di

Question 15

What is the purpose of a pretrial hearing?

Accepted Answer

A)  requesting the other party to produce all documents relevant to the case 
B)  assessing the factual accuracy of the deposition of witnesses 
C)  instructing the judge to decide the case without a jury 
D)  facilitating the settlement of a case before it goes to trial 
A)  requesting the other party to produce all documents relevant to the case 
B)  assessing the factual accuracy of the deposition of witnesses 
C)  instructing the judge to decide the case without a jury 
D)  facilitating the settlement of a case before it goes to trial

Question 16

Which of the following is a function of discovery?

Accepted Answer

A)  certifying a class action 
B)  preserving evidence 
C)  adjudicating a dispute 
D)  prosecuting a violation 
A)  certifying a class action 
B)  preserving evidence 
C)  adjudicating a dispute 
D)  prosecuting a violation

Question 17

Information given by the attorneys in their closing statements is considered as evidence.

Accepted Answer

A) True 
 B)False

Question 18

A settlement agreement is only effective if all sides involved in the dispute sign it.

Accepted Answer

A) True 
 B)False

Question 19

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

Accepted Answer

A)  rejoinder 
B)  answer 
C)  reply 
D)  plea 
A)  rejoinder 
B)  answer 
C)  reply 
D)  plea

Question 20

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Accepted Answer

A)  intervention 
B)  consolidation 
C)  class action 
D)  arbitration 
A)  intervention 
B)  consolidation 
C)  class action 
D)  arbitration

Exam 4: Judicial Alternative Administrative and E-Dispute Resolution

Which of the following is a legislative power granted to an administrative agency?

During a cross-examination,a defendant's attorney can ask questions that were not part of the direct examination.

An appellate court will reverse a lower court decision if it finds an error of law in the record.

Which of the following statements is true about the pretrial litigation process?

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

Litigation is a difficult,time-consuming,and costly process that must comply with complex procedural rules.

Which of the following statements is true about class actions?

A virtual courthouse refers to a court that either mandates or permits the electronic filing of pleadings,briefs,and other documents related to a lawsuit.

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?

The term ________ refers to the oral testimony given by a party or witness prior to trial.

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

Which of the following can be filed by the defendant of a lawsuit?

How has the Internet revolutionized the way lawyers and courts operate?

What is the purpose of a pretrial hearing?

Which of the following is a function of discovery?

Information given by the attorneys in their closing statements is considered as evidence.

A settlement agreement is only effective if all sides involved in the dispute sign it.

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

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

Family Law, Wills, and Trusts

Accountants' Duties and Liability

International and World Trade Law

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