Question 1

Which of the following does a defendant have to do in person?

Accepted Answer

A)  Interrogatories 
B)  Subpoena 
C)  Production 
D)  Deposition 
A)  Interrogatories 
B)  Subpoena 
C)  Production 
D)  Deposition

Question 2

Appellate courts conduct trial de novo,rehearing all evidence

Accepted Answer

A) True 
 B)False

Question 3

In a civil case,the plaintiff must prove the case:

Accepted Answer

A)  by a preponderance of the evidence. 
B)  by clear and convincing evidence. 
C)  beyond a reasonable doubt. 
D)  None of the above; the burden of proof is on the defendant. 
A)  by a preponderance of the evidence. 
B)  by clear and convincing evidence. 
C)  beyond a reasonable doubt. 
D)  None of the above; the burden of proof is on the defendant.

Question 4

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 5

Define discovery,and identify and explain five of the most important forms of discovery.

Accepted Answer

Discovery is the pre-trial opportunity f

Question 6

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Accepted Answer

A)  federal court in Idaho. 
B)  state court in Idaho. 
C)  federal court in Wyoming. 
D)  federal court in Oregon. 
A)  federal court in Idaho. 
B)  state court in Idaho. 
C)  federal court in Wyoming. 
D)  federal court in Oregon.

Question 7

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Accepted Answer

A)  he may file the lawsuit in an Arizona state court. 
B)  he may file the lawsuit in a federal district court in Arizona. 
C)  he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case. 
D)  Either a or b 
A)  he may file the lawsuit in an Arizona state court. 
B)  he may file the lawsuit in a federal district court in Arizona. 
C)  he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case. 
D)  Either a or b

Question 8

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 9

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

Accepted Answer

A) True 
 B)False

Question 10

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Accepted Answer

A) True 
 B)False

Question 11

After being served with a summons and a copy of the complaint,a defendant usually files a pleading known as an answer,briefly replying to each allegation in the complaint.

Accepted Answer

A) True 
 B)False

Question 12

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 13

Advantages of Alternative Dispute Resolution (ADR)include:

Accepted Answer

A)  ADR is faster than litigation. 
B)  ADR keeps the parties talking rather than fighting. 
C)  ADR is less expensive than litigation. 
D)  All of the above are advantages of ADR. 
A)  ADR is faster than litigation. 
B)  ADR keeps the parties talking rather than fighting. 
C)  ADR is less expensive than litigation. 
D)  All of the above are advantages of ADR.

Question 14

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

Accepted Answer

A)  mediate the claim with the advertiser. 
B)  bring an individual lawsuit against the advertiser in a state appellate court. 
C)  bring an individual lawsuit in a U.S.District Court. 
D)  become part of a class action lawsuit,which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. 
A)  mediate the claim with the advertiser. 
B)  bring an individual lawsuit against the advertiser in a state appellate court. 
C)  bring an individual lawsuit in a U.S.District Court. 
D)  become part of a class action lawsuit,which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Question 15

A civil case generally proceeds as follows:

Accepted Answer

A)  answer,complaint,discovery,trial,verdict. 
B)  complaint,answer,trial,discovery,verdict. 
C)  complaint,answer,discovery,trial,verdict. 
D)  discovery,complaint,answer,trial,verdict. 
A)  answer,complaint,discovery,trial,verdict. 
B)  complaint,answer,trial,discovery,verdict. 
C)  complaint,answer,discovery,trial,verdict. 
D)  discovery,complaint,answer,trial,verdict.

Question 16

A jury decision in a civil case:

Accepted Answer

A)  must be unanimous. 
B)  must be reached in the same day the case is heard. 
C)  depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. 
D)  is achieved by informal deliberations. 
A)  must be unanimous. 
B)  must be reached in the same day the case is heard. 
C)  depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict. 
D)  is achieved by informal deliberations.

Question 17

If interrogatories are being used as a form of discovery,the party being questioned must generally answer all the questions orally under oath.

Accepted Answer

A) True 
 B)False

Question 18

The biggest change in litigation in the last decade is:

Accepted Answer

A)  an explosive rise of electronic discovery. 
B)  a decrease in the use of discovery. 
C)  the replacement of interrogatories with depositions. 
D)  the use of juries in appellate courts. 
A)  an explosive rise of electronic discovery. 
B)  a decrease in the use of discovery. 
C)  the replacement of interrogatories with depositions. 
D)  the use of juries in appellate courts.

Question 19

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (non obstante veredicto o

Question 20

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

Accepted Answer

A)  an adversary system. 
B)  a conflict system. 
C)  an alternative dispute resolution system. 
D)  a mediation system. 
A)  an adversary system. 
B)  a conflict system. 
C)  an alternative dispute resolution system. 
D)  a mediation system.

Exam 3: Courts,Litigation and Alterntive Dispute Resolution

Which of the following does a defendant have to do in person?

Appellate courts conduct trial de novo,rehearing all evidence

In a civil case,the plaintiff must prove the case:

Primary methods of alternative dispute resolution include litigation and mediation.

Define discovery,and identify and explain five of the most important forms of discovery.

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

After being served with a summons and a copy of the complaint,a defendant usually files a pleading known as an answer,briefly replying to each allegation in the complaint.

Generally,mandatory arbitration provisions in a contract are valid.

Advantages of Alternative Dispute Resolution (ADR)include:

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

A civil case generally proceeds as follows:

A jury decision in a civil case:

If interrogatories are being used as a form of discovery,the party being questioned must generally answer all the questions orally under oath.

The biggest change in litigation in the last decade is:

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

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