Question 1

An appellee can file a(n)________ that answers the appellant's contentions.

Accepted Answer

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

Question 2

Compare and contrast motion for judgment on the pleadings and motion for summary judgment.

Accepted Answer

A motion for judgment on the pleadings c

Question 3

The trial court usually issues a ________ that sets forth the reasons for a judgment.

Accepted Answer

A)  remittitur 
B)  written memorandum 
C)  delegation doctrine 
D)  rebuttal 
A)  remittitur 
B)  written memorandum 
C)  delegation doctrine 
D)  rebuttal

Question 4

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 5

A jury cannot be sequestered in important cases.

Accepted Answer

A) True 
 B)False

Question 6

Once an appropriate number of jurors is selected,they are impaneled to hear the case and are sworn in.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following statements is true of the plaintiff's case?

Accepted Answer

A)  The plaintiff's attorney examines the witnesses during cross-examination. 
B)  After the defendant's attorney examines the witnesses the plaintiff can conduct the re-direct examination. 
C)  During cross-examination, the defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. 
D)  Documents and other evidence have to be introduced before the first witness is subject to direct examination. 
A)  The plaintiff's attorney examines the witnesses during cross-examination. 
B)  After the defendant's attorney examines the witnesses the plaintiff can conduct the re-direct examination. 
C)  During cross-examination, the defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. 
D)  Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Question 8

In all criminal cases,if the jury finds the defendant guilty,the judge decides the penalties on the defendant in all jurisdictions or cases.

Accepted Answer

A) True 
 B)False

Question 9

A complaint sets forth the basis of the lawsuit.

Accepted Answer

A) True 
 B)False

Question 10

The decision made by an administrative law judge is issued in the form of a(n)________.

Accepted Answer

A)  verdict 
B)  judgment 
C)  order 
D)  decree 
A)  verdict 
B)  judgment 
C)  order 
D)  decree

Question 11

State administrative agencies are empowered to enforce state statutes.

Accepted Answer

A) True 
 B)False

Question 12

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

Accepted Answer

A)  Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. 
B)  Graham is not allowed to sue Alice, having lost his right to sue her. 
C)  Graham can sue Alice but will not receive damages. 
D)  Graham can sue Alice but is not entitled to a jury trial. 
A)  Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. 
B)  Graham is not allowed to sue Alice, having lost his right to sue her. 
C)  Graham can sue Alice but will not receive damages. 
D)  Graham can sue Alice but is not entitled to a jury trial.

Question 13

Which of the following statements is true of deposition?

Accepted Answer

A)  A deposition has to be a written statement. 
B)  A witness' deposition is voluntary and not pursuant to a court order. 
C)  A deposition can only be given after the trial. 
D)  A deponent is given a chance to correct his or her deposition. 
A)  A deposition has to be a written statement. 
B)  A witness' deposition is voluntary and not pursuant to a court order. 
C)  A deposition can only be given after the trial. 
D)  A deponent is given a chance to correct his or her deposition.

Question 14

What is the procedure to be adopted by a party to initiate a lawsuit?

Accepted Answer

To initiate a lawsuit,the party who is s

Question 15

The ________ says that when an administrative agency is created,it is given certain powers;the agency can use only the legislative,judicial,and executive powers that are given to it.

Accepted Answer

A)  submission agreement 
B)  virtual courthouse 
C)  statute of limitations 
D)  delegation doctrine 
A)  submission agreement 
B)  virtual courthouse 
C)  statute of limitations 
D)  delegation doctrine

Question 16

Which of the following statements is true of a court trial?

Accepted Answer

A)  All civil cases are tried with a jury. 
B)  The judge is the trier of fact in a jury trial. 
C)  A jury is not required in a trial unless both parties request one. 
D)  Prospective jurors are questioned by lawyers of each party. 
A)  All civil cases are tried with a jury. 
B)  The judge is the trier of fact in a jury trial. 
C)  A jury is not required in a trial unless both parties request one. 
D)  Prospective jurors are questioned by lawyers of each party.

Question 17

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

Accepted Answer

A)  the power to adjudicate a case through an administrative proceeding 
B)  the power to prosecute a violation of a statute or administrative rule 
C)  the power to issue an interpretive rule 
D)  the power to issue a substantive rule 
A)  the power to adjudicate a case through an administrative proceeding 
B)  the power to prosecute a violation of a statute or administrative rule 
C)  the power to issue an interpretive rule 
D)  the power to issue a substantive rule

Question 18

The most common form of the alternative dispute resolution is ________.

Accepted Answer

A)  arbitration 
B)  mediation 
C)  litigation 
D)  negotiation 
A)  arbitration 
B)  mediation 
C)  litigation 
D)  negotiation

Question 19

Where an enabling statute does not provide for judicial review of administrative agency actions,the Administrative Procedure Act authorizes judicial review of federal administrative agency actions.

Accepted Answer

A) True 
 B)False

Question 20

In deciding the motion for summary judgment,the judge cannot consider any facts outside the pleadings.

Accepted Answer

A) True 
 B)False

Exam 4: Judicial Alternative Administrative and E-Dispute Resolution

An appellee can file a(n)________ that answers the appellant's contentions.

Compare and contrast motion for judgment on the pleadings and motion for summary judgment.

The trial court usually issues a ________ that sets forth the reasons for a judgment.

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

A jury cannot be sequestered in important cases.

Once an appropriate number of jurors is selected,they are impaneled to hear the case and are sworn in.

Which of the following statements is true of the plaintiff's case?

In all criminal cases,if the jury finds the defendant guilty,the judge decides the penalties on the defendant in all jurisdictions or cases.

A complaint sets forth the basis of the lawsuit.

The decision made by an administrative law judge is issued in the form of a(n)________.

State administrative agencies are empowered to enforce state statutes.

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

Which of the following statements is true of deposition?

What is the procedure to be adopted by a party to initiate a lawsuit?

The ________ says that when an administrative agency is created,it is given certain powers;the agency can use only the legislative,judicial,and executive powers that are given to it.

Which of the following statements is true of a court trial?

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

The most common form of the alternative dispute resolution is ________.

Where an enabling statute does not provide for judicial review of administrative agency actions,the Administrative Procedure Act authorizes judicial review of federal administrative agency actions.

In deciding the motion for summary judgment,the judge cannot consider any facts outside the pleadings.

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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