Question 1

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  False

Question 2

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  True

Question 3

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. D

Question 4

An appeals court must remand any cases in which it finds the trial court's instructions to the jury were wrong.

Accepted Answer

A) True 
 B)False

Question 5

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

Accepted Answer

A)  Corrales will render a binding decision. 
B)  Holt and Collins retain the right to a class action. 
C)  Holt and Collins give up the right to discovery. 
D)  Corrales need not give reasons for the decision. 
A)  Corrales will render a binding decision. 
B)  Holt and Collins retain the right to a class action. 
C)  Holt and Collins give up the right to discovery. 
D)  Corrales need not give reasons for the decision.

Question 6

After ansing a summons and complaint,Mike was questioned under oath in the presence of his lawyer and the plaintiff's lawyer.This discovery technique is called:

Accepted Answer

A)  a request for admission. 
B)  a request for the production of documents. 
C)  a deposition. 
D)  interrogatories. 
A)  a request for admission. 
B)  a request for the production of documents. 
C)  a deposition. 
D)  interrogatories.

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

James and Neal have been trying to resolve a dispute over the right to use a certain character to represent Neal's business.They have talked directly with each other and through lawyers,but have not taken the dispute to court or involved a third party who is neutral to the situation.Neal and James are engaged in:

Accepted Answer

A)  mediation. 
B)  negotiation. 
C)  arbitration. 
D)  litigation. 
E)  It cannot be determined from the information given. 
A)  mediation. 
B)  negotiation. 
C)  arbitration. 
D)  litigation. 
E)  It cannot be determined from the information given.

Question 9

A summons is a paper ordering a defendant to ans a complaint within a certain time.

Accepted Answer

A) True 
 B)False

Question 10

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a:

Accepted Answer

A)  judgment on the pleadings. 
B)  summary judgment. 
C)  pretrial conference. 
D)  default judgment. 
A)  judgment on the pleadings. 
B)  summary judgment. 
C)  pretrial conference. 
D)  default judgment.

Question 11

Jurisdiction is:

Accepted Answer

A)  the study of law. 
B)  the authority of a court to decide a particular type of case. 
C)  a federal court concept. 
D)  applicable only to appeals courts. 
A)  the study of law. 
B)  the authority of a court to decide a particular type of case. 
C)  a federal court concept. 
D)  applicable only to appeals courts.

Question 12

Which of the following is not a type of trial court of limited jurisdiction?

Accepted Answer

A)  A probate court. 
B)  A juvenile court. 
C)  A general civil division court. 
D)  A small claims court. 
A)  A probate court. 
B)  A juvenile court. 
C)  A general civil division court. 
D)  A small claims court.

Question 13

The fastest growing method of dispute resolution in the United States is:

Accepted Answer

A)  arbitration. 
B)  negotiation. 
C)  mediation. 
D)  litigation. 
A)  arbitration. 
B)  negotiation. 
C)  mediation. 
D)  litigation.

Question 14

Roberto,who is seeking an injunction,has the right to have a jury decide his case.

Accepted Answer

A) True 
 B)False

Question 15

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Accepted Answer

A)  may not be decided by a federal court since it involves a state facility. 
B)  must be decided by the state court where the inmate established residency before going to prison. 
C)  is a federal question case over which the federal courts have jurisdiction. 
D)  cannot be heard, as prisoners lose the right to sue. 
A)  may not be decided by a federal court since it involves a state facility. 
B)  must be decided by the state court where the inmate established residency before going to prison. 
C)  is a federal question case over which the federal courts have jurisdiction. 
D)  cannot be heard, as prisoners lose the right to sue.

Question 16

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.

Question 17

Briefly describe the process of jury selection.

Accepted Answer

The process of jury selection is called

Question 18

The law of evidence:

Accepted Answer

A)  allows witnesses to testify about things they personally saw or things they were told that others had seen. 
B)  determines what questions a lawyer may ask, how the questions are to be phrased, what answers a witness may give, and what documents may be introduced. 
C)  is never as important to the resolution of a case as the underlying substantive law, but still must be strictly followed in order to permit the court to obtain the best evidence possible. 
D)  All of the above. 
A)  allows witnesses to testify about things they personally saw or things they were told that others had seen. 
B)  determines what questions a lawyer may ask, how the questions are to be phrased, what answers a witness may give, and what documents may be introduced. 
C)  is never as important to the resolution of a case as the underlying substantive law, but still must be strictly followed in order to permit the court to obtain the best evidence possible. 
D)  All of the above.

Question 19

Randi,a resident of Oregon,was involved in an auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost of repairing her car.The most appropriate court in which she could file her lawsuit is 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 20

The trier of fact can be either a judge or a jury.

Accepted Answer

A) True 
 B)False

Exam 3: Dispute Resolution

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.

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:

An appeals court must remand any cases in which it finds the trial court's instructions to the jury were wrong.

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

After ansing a summons and complaint,Mike was questioned under oath in the presence of his lawyer and the plaintiff's lawyer.This discovery technique is called:

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

A summons is a paper ordering a defendant to ans a complaint within a certain time.

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a:

Jurisdiction is:

Which of the following is not a type of trial court of limited jurisdiction?

The fastest growing method of dispute resolution in the United States is:

Roberto,who is seeking an injunction,has the right to have a jury decide his case.

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

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:

Briefly describe the process of jury selection.

The law of evidence:

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

The trier of fact can be either a judge or a jury.

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