Question 1

Which of the following statements is true about the arbitration procedure?

Accepted Answer

A)  When one party seeks to enforce an arbitration clause, it must give notice to the other party. 
B)  In the event of nonbinding arbitration, the decision and award of the arbitrator cannot be appealed to the courts. 
C)  In the event of binding arbitration, the decision and award of the arbitrator can be appealed to the courts. 
D)  No new evidence, witness, or testimony can be introduced during the arbitration procedure. 
A)  When one party seeks to enforce an arbitration clause, it must give notice to the other party. 
B)  In the event of nonbinding arbitration, the decision and award of the arbitrator cannot be appealed to the courts. 
C)  In the event of binding arbitration, the decision and award of the arbitrator can be appealed to the courts. 
D)  No new evidence, witness, or testimony can be introduced during the arbitration procedure.

Question 2

Which of the following best describes jury instructions?

Accepted Answer

A)  It refers to the instructions from the jury to the plaintiff's attorney about settling a case before trial. 
B)  It refers to the instructions from jury informing the judge on what grounds the case can be dismissed. 
C)  It refers to the instructions to the jury from both parties over the duration within which the case has to be settled. 
D)  It refers to the instructions to inform the jury about what law to apply when they decide the case. 
A)  It refers to the instructions from the jury to the plaintiff's attorney about settling a case before trial. 
B)  It refers to the instructions from jury informing the judge on what grounds the case can be dismissed. 
C)  It refers to the instructions to the jury from both parties over the duration within which the case has to be settled. 
D)  It refers to the instructions to inform the jury about what law to apply when they decide the case.

Question 3

The courts have upheld the combined delegated power of administrative agencies as being unconstitutional.

Accepted Answer

A) True 
 B)False

Question 4

Negotiation may take place either before a lawsuit is filed,after a lawsuit is filed,or before other forms of alternative dispute resolution are used.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Accepted Answer

A)  summons 
B)  answer 
C)  rejoinder 
D)  rebuttal 
A)  summons 
B)  answer 
C)  rejoinder 
D)  rebuttal

Question 6

Discuss the importance of the delegation doctrine to administrative agencies.

Accepted Answer

When an administrative agency is created

Question 7

The judge sits as the trier of fact in jury trials.

Accepted Answer

A) True 
 B)False

Question 8

Depositions are used to preserve evidence and impeach testimony given by the defendant at trial.

Accepted Answer

A) True 
 B)False

Question 9

A default judgment establishes the plaintiff's liability.

Accepted Answer

A) True 
 B)False

Question 10

In civil cases,the jury will assess damages against the defendant if they have decided in favor of the plaintiff.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is a method of alternative dispute resolution?

Accepted Answer

A)  pretrial hearing 
B)  settlement conference 
C)  appeal 
D)  fact-finding 
A)  pretrial hearing 
B)  settlement conference 
C)  appeal 
D)  fact-finding

Question 12

The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.

Accepted Answer

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

Question 13

________ refer to written questions submitted by one party to a lawsuit to another party.

Accepted Answer

A)  Depositions 
B)  Rejoinders 
C)  Interrogatories 
D)  Summons 
A)  Depositions 
B)  Rejoinders 
C)  Interrogatories 
D)  Summons

Question 14

Why does a class action occur? How does one maintain a class action lawsuit?

Accepted Answer

If certain requirements are met,a lawsui

Question 15

A statute of limitations begins to run at the time the plaintiff first produces a complaint.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements is true about an answer?

Accepted Answer

A)  The plaintiff cannot claim damages once a default judgment is entered against the defendant. 
B)  A default judgment establishes the plaintiff's liability. 
C)  A defendant's answer can assert affirmative defenses. 
D)  The defendant's answer is never revealed to the plaintiff. 
A)  The plaintiff cannot claim damages once a default judgment is entered against the defendant. 
B)  A default judgment establishes the plaintiff's liability. 
C)  A defendant's answer can assert affirmative defenses. 
D)  The defendant's answer is never revealed to the plaintiff.

Question 17

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 18

How is a jury selected for a trial?

Accepted Answer

The pool of potential jurors is usually

Question 19

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

Accepted Answer

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

Question 20

During a ________,the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Accepted Answer

A)  closing argument 
B)  rejoinder 
C)  cross-examination 
D)  re-direct examination 
A)  closing argument 
B)  rejoinder 
C)  cross-examination 
D)  re-direct examination

Exam 4: Judicial Alternative Administrative and E-Dispute Resolution

Which of the following statements is true about the arbitration procedure?

Which of the following best describes jury instructions?

The courts have upheld the combined delegated power of administrative agencies as being unconstitutional.

Negotiation may take place either before a lawsuit is filed,after a lawsuit is filed,or before other forms of alternative dispute resolution are used.

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Discuss the importance of the delegation doctrine to administrative agencies.

The judge sits as the trier of fact in jury trials.

Depositions are used to preserve evidence and impeach testimony given by the defendant at trial.

A default judgment establishes the plaintiff's liability.

In civil cases,the jury will assess damages against the defendant if they have decided in favor of the plaintiff.

Which of the following is a method of alternative dispute resolution?

The act of a court to combine two or more separate lawsuits into one lawsuit is termed as ________.

________ refer to written questions submitted by one party to a lawsuit to another party.

Why does a class action occur? How does one maintain a class action lawsuit?

A statute of limitations begins to run at the time the plaintiff first produces a complaint.

Which of the following statements is true about an answer?

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.

How is a jury selected for a trial?

Which of the following terms refers to the overturn of verdict when jury misconduct is detected?

During a ________,the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

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