Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

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. B

Question 3

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

Accepted Answer

A) True 
 B)False  False

Question 4

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

Question 5

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. 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 6

What has been one consequence of the rise of electronic discovery?

Accepted Answer

A) The creation of a new industry devoted to help law firms sort through the vast amounts of data. 
B) A significant reduction in the amount of time law firms devote to discovery. 
C) The gradual phasing out of the use of interrogatories and depositions. 
D) A decrease in the cost most law firms charge for discovery. 
A) The creation of a new industry devoted to help law firms sort through the vast amounts of data. 
B) A significant reduction in the amount of time law firms devote to discovery. 
C) The gradual phasing out of the use of interrogatories and depositions. 
D) A decrease in the cost most law firms charge for discovery.

Question 7

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 a  voir 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 a  voir dire . 
D) present a motion to dismiss.

Question 8

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Accepted Answer

A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation 
A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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 13

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Accepted Answer

A) True 
 B)False

Question 14

An inmate in a state prison claims his U.S. 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 15

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

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

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 these; 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 these; the burden of proof is on the defendant.

Question 18

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 19

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

Discovery is the pre-trial opportunity f

Exam 3: Dispute Resolution

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

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

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

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

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

What has been one consequence of the rise of electronic discovery?

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

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

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

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

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

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

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

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

Primary methods of alternative dispute resolution include litigation and mediation.

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

In a civil case, the plaintiff must prove the case

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

Emails and their attachments are not subject to pretrial discovery.

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

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