Question 1

How has online dispute resolution changed the way dispute resolution is conducted?

Accepted Answer

The process of arbitration, mediation and negotiation become more flexible, efficient, and economical in many cases.

Question 2

What should an attorney do before taking a case after his or her client describes in detail all the facts relating to the case?

Accepted Answer

Conduct a preliminary investigation to determine the accuracy of the client's story. The investigation may lead the attorney to discover that there is no basis for a lawsuit. Or, if there is a basis for a lawsuit, an investigation could lead to an informal, out-of-court settlement that could save his or her client the expense and emotional strain of a trial.

Question 3

A witness is willing to give evidence in court that would be helpful to one of the parties to a lawsuit. However, she lives in another state and is unable to attend the trial. How can her testimony be secured for evidence in the trial?

Accepted Answer

She can give a deposition.

Question 4

A pretrial device used to prevent surprises during the actual trial of a civil case is called

Accepted Answer

A)  a notice of appearance. 
B)  a complaint. 
C)  a voir dire. 
D)  discovery. 
A)  a notice of appearance. 
B)  a complaint. 
C)  a voir dire. 
D)  discovery.

Question 5

The plaintiff in a civil action is the state or federal government acting for the person bringing the lawsuit.

Accepted Answer

A) True 
 B)False

Question 6

The qualifications of potential jurors are determined through a process called voir dire.

Accepted Answer

A) True 
 B)False

Question 7

The initial questioning of a witness by the lawyer who called that witness is called

Accepted Answer

A)  discovery. 
B)  direct examination. 
C)  mediation. 
D)  cross-examination. 
A)  discovery. 
B)  direct examination. 
C)  mediation. 
D)  cross-examination.

Question 8

A subpoena is an order by the court served on

Accepted Answer

A)  the attorney to produce the defendant in court. 
B)  a person to appear and testify as a witness in a legal action. 
C)  the warden of a jail to produce the prisoner in court. 
D)  a person to be examined for possible jury duty. 
A)  the attorney to produce the defendant in court. 
B)  a person to appear and testify as a witness in a legal action. 
C)  the warden of a jail to produce the prisoner in court. 
D)  a person to be examined for possible jury duty.

Question 9

An examination of jurors to determine their qualifications and suitability to serve is called the ____________________ examination.

Accepted Answer

The answer of An examination of jurors to determine their...

Question 10

After a pretrial conference is held and the plaintiff and defendant do not settle, the case is dismissed by the judge.

Accepted Answer

A) True 
 B)False

Question 11

In a civil case a person bringing a lawsuit must prove his case (in order to win) by a preponderance of evidence. What does preponderance of evidence mean?

Accepted Answer

The case has been proven by ev

Question 12

The result of the jury's agreement in a civil case is known as the

Accepted Answer

A)  judgment. 
B)  plea. 
C)  evidence. 
D)  verdict. 
A)  judgment. 
B)  plea. 
C)  evidence. 
D)  verdict.

Question 13

Legal proof presented during a trial to support a person's claim is called ____________________.

Accepted Answer

The answer of Legal proof presented during a trial to...

Question 14

A legal written notice addressed to the defendant in a civil action indicating that a lawsuit has been filed and ordering him or her to appear in court to answer charges is called a

Accepted Answer

A)  summons. 
B)  motion. 
C)  complaint. 
D)  deposition. 
A)  summons. 
B)  motion. 
C)  complaint. 
D)  deposition.

Question 15

Most civil cases are settled before they go to trial.

Accepted Answer

A) True 
 B)False

Question 16

Interrogatories are:

Accepted Answer

A)  sworn statements of witnesses 
B)  written questions directed to the adversary in a civil trial. 
C)  the same as a subpoena 
D)  statements used by the defendant's attorney to show that the plaintiff is being 
A)  sworn statements of witnesses 
B)  written questions directed to the adversary in a civil trial. 
C)  the same as a subpoena 
D)  statements used by the defendant's attorney to show that the plaintiff is being

Question 17

Impaneling a jury means

Accepted Answer

A)  dismissing a jury at the conclusion of the trial. 
B)  exempting jurors from jury duty. 
C)  selecting people to serve as jurors for a case set for trial. 
D)  notifying jurors at their homes that they have been called to serve as jurors. 
A)  dismissing a jury at the conclusion of the trial. 
B)  exempting jurors from jury duty. 
C)  selecting people to serve as jurors for a case set for trial. 
D)  notifying jurors at their homes that they have been called to serve as jurors.

Question 18

In a civil case, the plaintiff must establish the truth of his or her claim by

Accepted Answer

A)  proving his or her facts beyond a reasonable doubt. 
B)  a preponderance of the evidence. 
C)  direct examination. 
D)  asking for a motion to dismiss. 
A)  proving his or her facts beyond a reasonable doubt. 
B)  a preponderance of the evidence. 
C)  direct examination. 
D)  asking for a motion to dismiss.

Question 19

A failure of the defendant to acknowledge that he or she has received papers indicating that a legal action has been commenced against him or her gives the party initiating the legal action the right to a(n) ____________________ by default.

Accepted Answer

The answer of A failure of the defendant to acknowledge...

Question 20

The plaintiff in a civil lawsuit is the

Accepted Answer

A)  state. 
B)  attorney for the person injured. 
C)  person injured. 
D)  person being sued. 
A)  state. 
B)  attorney for the person injured. 
C)  person injured. 
D)  person being sued.

Exam 5: Litigation and Alternatives for Settling Civil Disputes

How has online dispute resolution changed the way dispute resolution is conducted?

What should an attorney do before taking a case after his or her client describes in detail all the facts relating to the case?

A witness is willing to give evidence in court that would be helpful to one of the parties to a lawsuit. However, she lives in another state and is unable to attend the trial. How can her testimony be secured for evidence in the trial?

A pretrial device used to prevent surprises during the actual trial of a civil case is called

The plaintiff in a civil action is the state or federal government acting for the person bringing the lawsuit.

The qualifications of potential jurors are determined through a process called voir dire.

The initial questioning of a witness by the lawyer who called that witness is called

A subpoena is an order by the court served on

An examination of jurors to determine their qualifications and suitability to serve is called the ____________________ examination.

After a pretrial conference is held and the plaintiff and defendant do not settle, the case is dismissed by the judge.

In a civil case a person bringing a lawsuit must prove his case (in order to win) by a preponderance of evidence. What does preponderance of evidence mean?

The result of the jury's agreement in a civil case is known as the

Legal proof presented during a trial to support a person's claim is called ____________________.

A legal written notice addressed to the defendant in a civil action indicating that a lawsuit has been filed and ordering him or her to appear in court to answer charges is called a

Most civil cases are settled before they go to trial.

Interrogatories are:

Impaneling a jury means

In a civil case, the plaintiff must establish the truth of his or her claim by

A failure of the defendant to acknowledge that he or she has received papers indicating that a legal action has been commenced against him or her gives the party initiating the legal action the right to a(n) ____________________ by default.

The plaintiff in a civil lawsuit is the

Foundations of Law and the Role of Ethics in Business

The Legal System in the United States and Its Constitutional Foundation

Personal, Business, and Cyber Crimes and the American Criminal Justice System

Tort Law: Traditional Torts and Cyber Torts

Contract Law: a Beginning

Agreement: Offer and Acceptance

Consideration

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Memorialize Contracts in Writingstatute of Frauds

Transfer of Contract Rights and Duties

The Termination of Contracts: Discharge

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Formation of Sales and Lease Contracts

The Sales Contract: Transfer of Title and Risk of Loss

The Sales Contract: Performance, Breach, and Remedies for Breach

Product Liability Law

Nature and Types of Negotiable Instruments

Issue, Transfer, Indorsement, and Discharge of Negotiable Instruments

Rights and Duties of Parties

Checks and the Banking System in the Twenty-First Century

Employer-Employee Relationship

Principal-Agent Relationship

Principal-Agent, Employer-Employee, and Third-Party Relationships

Sole Proprietorships, Partnerships, and Limited Liability Organizations

Corporations and Franchising

Government Regulation of Business

Basic Legal Concepts of Property

Renting Real Property

Buying and Selling Real Property

Nature and Types of Bailments

Wills, Intestacy, and Estate Planning

Protecting the Consumer and the Taxpayer

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