Question 1

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

Question 2

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  False

Question 3

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 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

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 6

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 7

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 8

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 9

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 10

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 11

Jurisdiction can be described as

Accepted Answer

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

Question 12

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 13

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 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

Discovery is the pre-trial opportunity f

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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 18

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 19

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 20

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Exam 5: Dispute Resolution

In a civil case, the plaintiff must prove the case

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.

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

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

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

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

Which of the following courts determines facts?

In Jones v. Clinton , the court held that

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

What is the primary trial court in the federal system?

Jurisdiction can be described as

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

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

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

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

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

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

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

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

Emails and their attachments are not subject to pretrial discovery.

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