Question 1

Which of the following is NOT an example of a trial court of limited jurisdiction?

Accepted Answer

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

Question 2

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 3

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

Accepted Answer

The advantages of arbitration include us

Question 4

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

Question 5

Which element of a civil case comes first?

Accepted Answer

A) answer 
B) service 
C) complaint 
D) discovery 
A) answer 
B) service 
C) complaint 
D) discovery

Question 6

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

Accepted Answer

A) an in camera inspection. 
B) a motion to compel answers to interrogatories. 
C) a request for admission. 
D) a request for the production of documents. 
A) an in camera inspection. 
B) a motion to compel answers to interrogatories. 
C) a request for admission. 
D) a request for the production of documents.

Question 7

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 8

Which of the following courts determines facts?

Accepted Answer

A) U.S. District Court 
B) U.S. Supreme Court 
C) U.S. Court of Appeals 
D) All of these are correct. 
A) U.S. District Court 
B) U.S. Supreme Court 
C) U.S. Court of Appeals 
D) All of these are correct.

Question 9

Generally, mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 10

What is the correct order in which a jury trial is conducted?

Accepted Answer

A) opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
B) jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
C) opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
D) jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
A) opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
B) jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
C) opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
D) jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict

Question 11

What is the primary trial court in the federal system?

Accepted Answer

A) Municipal Court 
B) U.S. Supreme Court 
C) U.S. Claims Court 
D) U.S. District Court 
A) Municipal Court 
B) U.S. Supreme Court 
C) U.S. Claims Court 
D) U.S. District Court

Question 12

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 13

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 14

In alternative dispute resolution (ADR), most cases are resolved through

Accepted Answer

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

Question 15

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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 18

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 19

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 20

The Supreme Court will not grant a writ of certiorari unless

Accepted Answer

A) the case began in a federal court. 
B) two or more U.S. courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case. 
A) the case began in a federal court. 
B) two or more U.S. courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case.

Exam 3: Dispute Resolution

Which of the following is NOT an example of a trial court of limited jurisdiction?

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.

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

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.

Which element of a civil case comes first?

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

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

Which of the following courts determines facts?

Generally, mandatory arbitration provisions in a contract are valid.

What is the correct order in which a jury trial is conducted?

What is the primary trial court in the federal system?

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

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

In alternative dispute resolution (ADR), most cases are resolved through

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

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

Jurisdiction can be described as

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

The Supreme Court will not grant a writ of certiorari unless

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