Question 1

The document filed to initiate a lawsuit is known as an allegation.

Accepted Answer

A) True 
 B)False

Question 2

Despite the electronic age,electronic filings of pleadings,briefs,and other documents is not acceptable when handling a lawsuit.

Accepted Answer

A) True 
 B)False

Question 3

If a plaintiff is injured in an auto accident and is seeking damages for physical injury,a court can order that party to submit to a physical examination to determine the extent of his or her injuries.

Accepted Answer

A) True 
 B)False

Question 4

When deciding to bring a lawsuit,one should consider the unpredictability of the legal system and the possibility for error.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is true regarding mediation?

Accepted Answer

A)  A mediator often meets with both parties at the same time. 
B)  A settlement agreement is never reached with a mediator. 
C)  A mediator does not make a decision or an award. 
D)  If a settlement agreement is not reached in mediation,then the parties hire a new mediator. 
A)  A mediator often meets with both parties at the same time. 
B)  A settlement agreement is never reached with a mediator. 
C)  A mediator does not make a decision or an award. 
D)  If a settlement agreement is not reached in mediation,then the parties hire a new mediator.

Question 6

Once a complaint has been filed with the court,the court issues a:

Accepted Answer

A)  judgment 
B)  motion for summary judgment 
C)  summons 
D)  both A and D 
A)  judgment 
B)  motion for summary judgment 
C)  summons 
D)  both A and D

Question 7

Which of the following is one of the major purposes of a settlement conference?

Accepted Answer

A)  to try and make amends among the parties 
B)  licensees only 
C)  to facilitate the settlement of a case 
D)  to contest the local court rules 
E)  All of these are correct. 
A)  to try and make amends among the parties 
B)  licensees only 
C)  to facilitate the settlement of a case 
D)  to contest the local court rules 
E)  All of these are correct.

Question 8

Which party bears the burden of proof to persuade the trier of fact on the merits of his or her case?

Accepted Answer

A)  the plaintiff 
B)  the jury 
C)  the offeror 
D)  the judge 
E)  A,B,and C 
A)  the plaintiff 
B)  the jury 
C)  the offeror 
D)  the judge 
E)  A,B,and C

Question 9

A plaintiff's response to a defendant's cross-complaint is called a reply or an answer.

Accepted Answer

A) True 
 B)False

Question 10

A plaintiff must file an answer to the defendant's complaint.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following would be examples of affirmative defenses Henry,a defendant,might assert in answering a complaint alleging personal injury being brought by Lisa?

Accepted Answer

A)  That he acted in self-defense. 
B)  That Lisa's lawsuit is barred because of the statute of limitations. 
C)  That Lisa contributed to her own injuries. 
D)  All of these are correct. 
A)  That he acted in self-defense. 
B)  That Lisa's lawsuit is barred because of the statute of limitations. 
C)  That Lisa contributed to her own injuries. 
D)  All of these are correct.

Question 12

If the documents a party seeks are too voluminous to be moved,or are in permanent storage,the requesting party may be required to:

Accepted Answer

A)  examine the documents at the other party's premises 
B)  request the documents by certified mail 
C)  submit to a mental examination 
D)  sign the request under oath 
A)  examine the documents at the other party's premises 
B)  request the documents by certified mail 
C)  submit to a mental examination 
D)  sign the request under oath

Question 13

The trier of fact determines factual issues.

Accepted Answer

A) True 
 B)False

Question 14

The statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant.

Accepted Answer

A) True 
 B)False

Question 15

A cross-complaint is usually brought by the defendant for the purpose of:

Accepted Answer

A)  an answer so that a default judgment will not be entered against the defendant 
B)  a trespasser 
C)  seeking damages or some remedy against the plaintiff 
D)  a guest 
A)  an answer so that a default judgment will not be entered against the defendant 
B)  a trespasser 
C)  seeking damages or some remedy against the plaintiff 
D)  a guest

Question 16

Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle but no posted signs or traffic lights.They are in agreement as to everything that happened in the accident,including the locations of the two cars and the timing of events leading to the accident.Based on their pleadings and on information obtained during discovery,the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided.The appropriate motion for one of the parties to file is:

Accepted Answer

A)  motion for judgment on the pleadings 
B)  motion for judgment n.o.v. 
C)  A and B only 
D)  motion for summary judgment 
A)  motion for judgment on the pleadings 
B)  motion for judgment n.o.v. 
C)  A and B only 
D)  motion for summary judgment

Question 17

In general,an appellate court might typically reverse which of the following?

Accepted Answer

A)  the trial court's findings of fact 
B)  the trial court's conclusions of law 
C)  negligence 
D)  both A and B 
A)  the trial court's findings of fact 
B)  the trial court's conclusions of law 
C)  negligence 
D)  both A and B

Question 18

In general,a party must wait until the trial to find out the facts of the other party's case.

Accepted Answer

A) True 
 B)False

Question 19

Forms of discovery include all but which one of the following?

Accepted Answer

A)  rational 
B)  interrogatories 
C)  physical examinations 
D)  of any type 
E)  voir dire 
A)  rational 
B)  interrogatories 
C)  physical examinations 
D)  of any type 
E)  voir dire

Question 20

In a civil case,which of the following is true about the order of the presentation of the case?

Accepted Answer

A)  The plaintiff is first to present,followed by the defendant. 
B)  The defendant is first to present,followed by the plaintiff. 
C)  The judge decides who goes first,which depends on the circumstances of the case. 
D)  The order of presentation is determined by the flip of a coin or other random selection method. 
A)  The plaintiff is first to present,followed by the defendant. 
B)  The defendant is first to present,followed by the plaintiff. 
C)  The judge decides who goes first,which depends on the circumstances of the case. 
D)  The order of presentation is determined by the flip of a coin or other random selection method.

Exam 3: Judicial, Alternative, and Online Dispute Resolution

The document filed to initiate a lawsuit is known as an allegation.

Despite the electronic age,electronic filings of pleadings,briefs,and other documents is not acceptable when handling a lawsuit.

If a plaintiff is injured in an auto accident and is seeking damages for physical injury,a court can order that party to submit to a physical examination to determine the extent of his or her injuries.

When deciding to bring a lawsuit,one should consider the unpredictability of the legal system and the possibility for error.

Which of the following is true regarding mediation?

Once a complaint has been filed with the court,the court issues a:

Which of the following is one of the major purposes of a settlement conference?

Which party bears the burden of proof to persuade the trier of fact on the merits of his or her case?

A plaintiff's response to a defendant's cross-complaint is called a reply or an answer.

A plaintiff must file an answer to the defendant's complaint.

Which of the following would be examples of affirmative defenses Henry,a defendant,might assert in answering a complaint alleging personal injury being brought by Lisa?

If the documents a party seeks are too voluminous to be moved,or are in permanent storage,the requesting party may be required to:

The trier of fact determines factual issues.

The statute of limitations begins to run at the time the plaintiff first has the right to sue the defendant.

A cross-complaint is usually brought by the defendant for the purpose of:

In general,an appellate court might typically reverse which of the following?

In general,a party must wait until the trial to find out the facts of the other party's case.

Forms of discovery include all but which one of the following?

In a civil case,which of the following is true about the order of the presentation of the case?

Legal Heritage and the Information Age

Court Systems and Jurisdiction

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Strict Liability and Product Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crimes

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Internet 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

Sales and Lease Warranties

Creation of Negotiable Instruments

Transferability and Holder In Due Course

Liability,Defenses and Discharge

Checks, the Banking System, and E-Money

Creditor's and Debtor's Rights

Secured Transactions and Electronic Filing

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, Agents, and Independent Contractors

Employment,Worker Protection,and Immigration Laws

Labor Law and Collective Bargaining

Equal Opportunity in Employment

Small Businesses, Entrepreneurs, and General Partnerships

Limited Partnerships and Limited Liability Limited Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Business

Investor Protection and Online Securities Transactions

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection and Global Warming

Antitrust Law and Unfair Trade Practices

Personal Property and Bailment

Real Property

Landlord Tenant Law and Land Use Regulation

Insurance

Accountants' Liability

Wills, Trusts, and Elder Law

Family Law

International and World Trade Law

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