Question 1

One of the major purposes of a pretrial hearing is to facilitate the settlement of a case.

Accepted Answer

A) True 
 B)False

Question 2

Unlike a mediator,an arbitrator does not make a decision or an award.

Accepted Answer

A) True 
 B)False

Question 3

In a civil case John Deer vs.Jane Doe,the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor.Owing to this,the judge reduces the damages awarded to Jane by $20,000.This act is called ________.

Accepted Answer

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

Question 4

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Accepted Answer

A)  Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B)  Unlike binding arbitration, the decision and award of a nonbinding arbitration can be appealed to the courts. 
C)  A nonbinding arbitration takes place at a court, in the presence of the jury. 
D)  A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts. 
A)  Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B)  Unlike binding arbitration, the decision and award of a nonbinding arbitration can be appealed to the courts. 
C)  A nonbinding arbitration takes place at a court, in the presence of the jury. 
D)  A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Question 5

Which of the following statements is true about pretrial motions?

Accepted Answer

A)  In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings. 
B)  In deciding the motion for summary judgment, the case cannot be decided before trial by a judge. 
C)  If a judge finds that a factual dispute exists, the motion for summary judgment will be approved. 
D)  If a judge finds that a factual dispute exists, the case will not go to trial. 
A)  In deciding the motion for judgment on the pleadings, the judge cannot consider any facts outside the pleadings. 
B)  In deciding the motion for summary judgment, the case cannot be decided before trial by a judge. 
C)  If a judge finds that a factual dispute exists, the motion for summary judgment will be approved. 
D)  If a judge finds that a factual dispute exists, the case will not go to trial.

Question 6

The appealing party in an appeal is called a(n)________.

Accepted Answer

A)  appellate 
B)  appellee 
C)  respondent 
D)  petitioner 
A)  appellate 
B)  appellee 
C)  respondent 
D)  petitioner

Question 7

A complaint contains a "prayer for relief" for a remedy to be awarded by the court.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements is true about appeals?

Accepted Answer

A)  Only the plaintiff can appeal the court's decision in a civil case. 
B)  Only the defendant can appeal the court's decision in a criminal case. 
C)  An appeal can be made before the trial court gives its final judgment. 
D)  An appellate court cannot reverse a lower court's decision. 
A)  Only the plaintiff can appeal the court's decision in a civil case. 
B)  Only the defendant can appeal the court's decision in a criminal case. 
C)  An appeal can be made before the trial court gives its final judgment. 
D)  An appellate court cannot reverse a lower court's decision.

Question 9

At the time of trial,each party submits to the judge a deposition that contains physical evidence to support its side of the case.

Accepted Answer

A) True 
 B)False

Question 10

In which of the following cases does a class action occur?

Accepted Answer

A)  when there are no factual disputes to be decided by the jury 
B)  when the defendant has multiple grounds for appeal 
C)  when a group of plaintiffs collectively bring a lawsuit against a defendant 
D)  when the plaintiff does not reply to the defender's cross-complaint 
A)  when there are no factual disputes to be decided by the jury 
B)  when the defendant has multiple grounds for appeal 
C)  when a group of plaintiffs collectively bring a lawsuit against a defendant 
D)  when the plaintiff does not reply to the defender's cross-complaint

Question 11

Why are businesses and individuals increasingly opting for a nonjudicial dispute resolution?

Accepted Answer

The use of the court system to resolve b

Question 12

________ refers to 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 13

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case.This is called a ________.

Accepted Answer

A)  rebuttal 
B)  rejoinder 
C)  closing argument 
D)  deliberation 
A)  rebuttal 
B)  rejoinder 
C)  closing argument 
D)  deliberation

Question 14

When can an appeal be made? Discuss its consequences.

Accepted Answer

In a civil case,either party can appeal

Question 15

In which of the following cases is a default judgment entered?

Accepted Answer

A)  when a defendant admits all the allegations in the complaint 
B)  when there is insufficient evidence to resolve the dispute 
C)  when the court believes that the lawsuit can be settled before/without trial 
D)  when a defendant does not file a written response to a plaintiff's complaint 
A)  when a defendant admits all the allegations in the complaint 
B)  when there is insufficient evidence to resolve the dispute 
C)  when the court believes that the lawsuit can be settled before/without trial 
D)  when a defendant does not file a written response to a plaintiff's complaint

Question 16

When an appellate court receives a case appealed to it,it will ________.

Accepted Answer

A)  retry the case with the appellate court judge acting as the jury 
B)  review the record to see if it would have made the same decision as the jury 
C)  review the record of the trial court to see if there were any errors of law made by the judge 
D)  review the jury's verdict to see if the appellate court judges would have reached the same result 
A)  retry the case with the appellate court judge acting as the jury 
B)  review the record to see if it would have made the same decision as the jury 
C)  review the record of the trial court to see if there were any errors of law made by the judge 
D)  review the jury's verdict to see if the appellate court judges would have reached the same result

Question 17

Appellate courts usually permit a brief oral argument at which each party's attorney is heard.

Accepted Answer

A) True 
 B)False

Question 18

The ________ promotes the arbitration of disputes at the state level.

Accepted Answer

A)  Uniform Arbitration Act 
B)  Federal Arbitration Act 
C)  Collaborative States Arbitration Act 
D)  Binding Arbitration Act 
A)  Uniform Arbitration Act 
B)  Federal Arbitration Act 
C)  Collaborative States Arbitration Act 
D)  Binding Arbitration Act

Question 19

A(n)________ is a procedure whereby the parties to a legal dispute engage in discussions to try to reach a voluntary settlement of their dispute.

Accepted Answer

A)  pretrial hearing 
B)  arbitration 
C)  negotiation 
D)  appeal 
A)  pretrial hearing 
B)  arbitration 
C)  negotiation 
D)  appeal

Question 20

Which of the following statements best describes cross-examination?

Accepted Answer

A)  It involves inspection of evidence by the trier of facts. 
B)  It involves questioning of the prospective jurors by the judge or lawyers of each party. 
C)  It involves questioning of the witnesses by the plaintiff's attorney. 
D)  It involves questioning of the witnesses by the defendant's attorney. 
A)  It involves inspection of evidence by the trier of facts. 
B)  It involves questioning of the prospective jurors by the judge or lawyers of each party. 
C)  It involves questioning of the witnesses by the plaintiff's attorney. 
D)  It involves questioning of the witnesses by the defendant's attorney.

Exam 4: Judicial Alternative Administrative and E-Dispute Resolution

One of the major purposes of a pretrial hearing is to facilitate the settlement of a case.

Unlike a mediator,an arbitrator does not make a decision or an award.

In a civil case John Deer vs.Jane Doe,the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor.Owing to this,the judge reduces the damages awarded to Jane by $20,000.This act is called ________.

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Which of the following statements is true about pretrial motions?

The appealing party in an appeal is called a(n)________.

A complaint contains a "prayer for relief" for a remedy to be awarded by the court.

Which of the following statements is true about appeals?

At the time of trial,each party submits to the judge a deposition that contains physical evidence to support its side of the case.

In which of the following cases does a class action occur?

Why are businesses and individuals increasingly opting for a nonjudicial dispute resolution?

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

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case.This is called a ________.

When can an appeal be made? Discuss its consequences.

In which of the following cases is a default judgment entered?

When an appellate court receives a case appealed to it,it will ________.

Appellate courts usually permit a brief oral argument at which each party's attorney is heard.

The ________ promotes the arbitration of disputes at the state level.

A(n)________ is a procedure whereby the parties to a legal dispute engage in discussions to try to reach a voluntary settlement of their dispute.

Which of the following statements best describes cross-examination?

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

Filters