Question 1

The _____ rule(s) on the admissibility of evidence.

Accepted Answer

A) judge 
B) jury 
C) attorneys 
D) court clerk 
A) judge 
B) jury 
C) attorneys 
D) court clerk A

Question 2

Costs generally are awarded to the prevailing party in litigation. Those costs usually include:

Accepted Answer

A) filing fees. 
B) service-of-process fees. 
C) deposition transcript costs. 
D) all of the above. 
A) filing fees. 
B) service-of-process fees. 
C) deposition transcript costs. 
D) all of the above. D

Question 3

Billy has a dispute with Sleepdigit Bedspring Company over a number of beds Billy recently purchased from Sleepdigit for use in his hotel. Billy needs to decide whether to pursue litigation or employ an alternative means of dispute resolution. What advantages are most often associated with alternative dispute resolution? Which choice would be most appropriate in this case?

Accepted Answer

The most frequently cited advantages of alternative dispute resolution, compared to litigation, are a) cost savings and b) time savings. As far as a specific method of alternative dispute resolution, arbitration might be the best approach for Billy in his commercial dispute with Sleepdigit; in addition to the cost-saving and time-saving advantages of alternative dispute resolution, arbitration has a long history of success in the area of commercial contracts.

Question 4

The answer to the complaint is filed by the:

Accepted Answer

A) defendant. 
B) moving party. 
C) plaintiff. 
D) none of the above. 
A) defendant. 
B) moving party. 
C) plaintiff. 
D) none of the above.

Question 5

To begin a lawsuit, both parties must appear in person and state their claims and defenses in court.

Accepted Answer

A) True 
 B)False

Question 6

Mediation is a generally accepted method of resolving disputes.

Accepted Answer

A) True 
 B)False

Question 7

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Accepted Answer

A) True 
 B)False

Question 8

Reversible errors are commonly made by supreme courts.

Accepted Answer

A) True 
 B)False

Question 9

Arbitration procedures occur in a court of law.

Accepted Answer

A) True 
 B)False

Question 10

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

Accepted Answer

A) True 
 B)False

Question 11

A probate court is an example of a general trial court.

Accepted Answer

A) True 
 B)False

Question 12

The United States Supreme Court can never function as a court of original jurisdiction.

Accepted Answer

A) True 
 B)False

Question 13

Garnishment is a procedure accomplished only by attorneys.

Accepted Answer

A) True 
 B)False

Question 14

Garnishment applies to the judgment debtor's:

Accepted Answer

A) wages. 
B) attorney fees. 
C) land and home. 
D) cars. 
A) wages. 
B) attorney fees. 
C) land and home. 
D) cars.

Question 15

Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

Accepted Answer

As between the motion to dismiss and the

Question 16

The person who initiates a lawsuit is called the:

Accepted Answer

A) defendant. 
B) moving party. 
C) plaintiff. 
D) none of the above. 
A) defendant. 
B) moving party. 
C) plaintiff. 
D) none of the above.

Question 17

Depositions are usually taken in the courtroom.

Accepted Answer

A) True 
 B)False

Question 18

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision.

Accepted Answer

A) True 
 B)False

Question 19

The Uniform Arbitration Act requires a written agreement to arbitrate an issue.

Accepted Answer

A) True 
 B)False

Question 20

Once a lawsuit is commenced, the case must go to the jury.

Accepted Answer

A) True 
 B)False

Exam 2: The Court System and Dispute Resolution

The _____ rule(s) on the admissibility of evidence.

Costs generally are awarded to the prevailing party in litigation. Those costs usually include:

The answer to the complaint is filed by the:

To begin a lawsuit, both parties must appear in person and state their claims and defenses in court.

Mediation is a generally accepted method of resolving disputes.

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Reversible errors are commonly made by supreme courts.

Arbitration procedures occur in a court of law.

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

A probate court is an example of a general trial court.

The United States Supreme Court can never function as a court of original jurisdiction.

Garnishment is a procedure accomplished only by attorneys.

Garnishment applies to the judgment debtor's:

The person who initiates a lawsuit is called the:

Depositions are usually taken in the courtroom.

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision.

The Uniform Arbitration Act requires a written agreement to arbitrate an issue.

Once a lawsuit is commenced, the case must go to the jury.

The Nature and Sources of Law

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

The Legal Environment of International Trade

Crimes

Torts

Intellectual Property Rights

Cyberlaw

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Instruments, Parties, and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPS, LlCS, and LlPS

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters