Question 1

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False  True

Question 2

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. C

Question 3

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.Which of the following statements about settlements is correct?

Accepted Answer

A)  A case can be settled provided it has not been filed with the court. 
B)  A case can be settled provided that discovery has not commenced. 
C)  A case can be settled provided the jury has not heard any testimony. 
D)  A case can be settled at any time. 
A)  A case can be settled provided it has not been filed with the court. 
B)  A case can be settled provided that discovery has not commenced. 
C)  A case can be settled provided the jury has not heard any testimony. 
D)  A case can be settled at any time. D

Question 4

Federal jurisdiction based upon a "federal question" includes cases based on:

Accepted Answer

A)  the United States Constitution. 
B)  a federal statute. 
C)  a federal treaty. 
D)  All of the above. 
A)  the United States Constitution. 
B)  a federal statute. 
C)  a federal treaty. 
D)  All of the above.

Question 5

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

Accepted Answer

The advantages of arbitration include us

Question 6

The most accurate statement regarding appellate courts is:

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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

In Jones v.Clinton,the court held:

Accepted Answer

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

Question 10

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 11

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 12

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 13

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 14

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 15

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 o

Question 16

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Accepted Answer

A)  he may file the lawsuit in an Arizona state court. 
B)  he may file the lawsuit in a federal district court in Arizona. 
C)  he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case. 
D)  Either a or b 
A)  he may file the lawsuit in an Arizona state court. 
B)  he may file the lawsuit in a federal district court in Arizona. 
C)  he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case. 
D)  Either a or b

Question 17

A United States district court is:

Accepted Answer

A)  the primary federal trial court. 
B)  an appellate court. 
C)  a small claims court only. 
D)  none of the above. 
A)  the primary federal trial court. 
B)  an appellate court. 
C)  a small claims court only. 
D)  none of the above.

Question 18

When an appellate court hears a case,it may:

Accepted Answer

A)  affirm the decision. 
B)  reverse the decision. 
C)  modify the decision. 
D)  All the above are correct. 
A)  affirm the decision. 
B)  reverse the decision. 
C)  modify the decision. 
D)  All the above are correct.

Question 19

A judge can serve as both a federal judge and a state court judge at the same time.

Accepted Answer

A) True 
 B)False

Question 20

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.

Exam 3: Dispute Resolution

Generally,mandatory arbitration provisions in a contract are valid.

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:

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.Which of the following statements about settlements is correct?

Federal jurisdiction based upon a "federal question" includes cases based on:

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

The most accurate statement regarding appellate courts is:

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

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

In Jones v.Clinton,the court held:

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

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:

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.

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

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:

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.

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

A United States district court is:

When an appellate court hears a case,it may:

A judge can serve as both a federal judge and a state court judge at the same time.

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:

Introduction To Law

Business Ethics And Social Responsibility

Common Law,Statutory Law,And Administrative Law

Constitutional Law

Intentional Torts And Business Torts

Negligence And Strict Liability

Crime

International Law

Introduction To Contracts

Agreement

Consideration

Legality

Capacity And Consent

Written Contracts

Third Parties

Performance And Discharge

Remedies

Practical Contracts

Introduction To Sales

Ownership And Risk

Warranties And Product Liability

Performance And Remedies

Secured Transactions

Creating A Negotiable Instrument

Liability For Negotiable Instruments

Accountants' Liability

Agency Law

Employment Law

Labor Law

Starting A Business

Partnerships

Life And Death Of A Corporation

Corporate Management

Shareholders

Securities Regulation

Bankruptcy

Antitrust

Consumer Law

Environmental Law

Cyberlaw

Intellectual Property

Real Property And Tenant-landlord Law

Personal Property And Bailment

Planning For The Future: Wills,Trusts,And Insurance

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