Question 1

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

The advantages of arbitration include using an impartial third party who often has expertise in the field to settle the dispute. The parties may have selected the arbitrator in advance or may have set forth a procedure to select a mutually agreeable arbitrator. Arbitration allows both sides to keep secret information that would have to be divulged in a court case. In most cases, use of an arbitrator will allow the case to be resolved much more quickly than utilizing traditional litigation techniques and it will probably be less expensive.
A disadvantage to arbitration is that the parties may be barred from using the court system. After the arbitrator's ruling, the court cannot correct a mistake of law made by the arbitrator. An arbitrator may issue a binding decision without giving reasons for the decision. Parties in arbitration give up many rights litigants retain, such as discovery and class action.

Question 2

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Accepted Answer

A) default judgment 
B) long-arm statute 
C) federal question 
D) summary judgment 
A) default judgment 
B) long-arm statute 
C) federal question 
D) summary judgment D

Question 3

Small claims courts have jurisdiction over settling the estates of deceased persons.

Accepted Answer

A) True 
 B)False  False

Question 4

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 5

Jurisdiction can be described as

Accepted Answer

A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) court cases involving the U.S. Constitution or a federal statute. 
D) the burden of proof. 
A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) court cases involving the U.S. Constitution or a federal statute. 
D) the burden of proof.

Question 6

According to your text,the biggest change in litigation in the last decade has been

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 7

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 8

Pablo,a resident of New Mexico,while driving through Arizona was struck by a SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

Accepted Answer

Pablo could bring this case in the feder

Question 9

After the plaintiff has presented her case,the defendant may be granted a

Accepted Answer

A) directed verdict. 
B) summary judgment. 
C) judgment NOV 
D) judgment on the pleadings. 
A) directed verdict. 
B) summary judgment. 
C) judgment NOV 
D) judgment on the pleadings.

Question 10

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

A) True 
 B)False

Question 11

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 12

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

Accepted Answer

Discovery is the pre-trial opportunity f

Question 13

Which of the following statements is most accurate regarding appellate courts?

Accepted Answer

A) Appellate courts often hear new evidence and testimony. 
B) Appellate courts generally accept the factual findings of the trial court. 
C) Only the federal court system has appellate courts. 
D) Appellate courts hear only criminal cases. 
A) Appellate courts often hear new evidence and testimony. 
B) Appellate courts generally accept the factual findings of the trial court. 
C) Only the federal court system has appellate courts. 
D) Appellate courts hear only criminal cases.

Question 14

In Jones v.Clinton,the court held that

Accepted Answer

A) Paula Jones did not demonstrate the essential elements for her claim. 
B) Paula Jones was entitled to a summary judgment. 
C) the case be dismissed because of the President's governmental position. 
D) President Clinton failed to comply with a discovery order. 
A) Paula Jones did not demonstrate the essential elements for her claim. 
B) Paula Jones was entitled to a summary judgment. 
C) the case be dismissed because of the President's governmental position. 
D) President Clinton failed to comply with a discovery order.

Question 15

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 16

What two conditions must exist for federal courts to have diversity jurisdiction?

Accepted Answer

A) an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000 
B) the plaintiff and defendant are from the same family and the amount in dispute exeeds $50,000. 
C) the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000. 
D) the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000. 
A) an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000 
B) the plaintiff and defendant are from the same family and the amount in dispute exeeds $50,000. 
C) the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000. 
D) the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

Question 17

A summons is a paper ordering a defendant to appear in court at a certain time.

Accepted Answer

A) True 
 B)False

Question 18

A party that wants the Supreme Court to review a lower court ruling must

Accepted Answer

A) present a non obstante veredicto. 
B) file a petition for a writ of certiorari. 
C) file a petition for avoir dire. 
D) present a motion to dismiss. 
A) present a non obstante veredicto. 
B) file a petition for a writ of certiorari. 
C) file a petition for avoir dire. 
D) present a motion to dismiss.

Question 19

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)?

Accepted Answer

A) It is a much slower process than litigation. 
B) It keeps the parties involved talking rather than fighting. 
C) It tends to be more expensive than litigation. 
D) It only takes place in federal courts. 
A) It is a much slower process than litigation. 
B) It keeps the parties involved talking rather than fighting. 
C) It tends to be more expensive than litigation. 
D) It only takes place in federal courts.

Exam 6: Dispute Resolution

What are the advantages and disadvantages of using arbitration rather than litigation?

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Small claims courts have jurisdiction over settling the estates of deceased persons.

In a civil case,the plaintiff must prove the case

Jurisdiction can be described as

According to your text,the biggest change in litigation in the last decade has been

Primary methods of alternative dispute resolution include litigation and mediation.

After the plaintiff has presented her case,the defendant may be granted a

Summary judgment is appropriate when there are no essential facts in dispute.

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

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

Which of the following statements is most accurate regarding appellate courts?

In Jones v.Clinton,the court held that

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

What two conditions must exist for federal courts to have diversity jurisdiction?

A summons is a paper ordering a defendant to appear in court at a certain time.

A party that wants the Supreme Court to review a lower court ruling must

Generally,mandatory arbitration provisions in a contract are valid.

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR)?

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