Question 1

A "Rent-a-Judge" serves as a referee.

Accepted Answer

A) True 
 B)False  True

Question 2

If there is a reference to a third party to determine a dispute, in most cases the decision is binding.

Accepted Answer

A) True 
 B)False  True

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

Arbitration procedures occur in a court of law.

Accepted Answer

A) True 
 B)False

Question 5

Federal district courts are the trial courts of the federal court system.

Accepted Answer

A) True 
 B)False

Question 6

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 7

A deposition is or can accomplish any of the following except:

Accepted Answer

A)  the testimony of a witness taken under oath. 
B)  conducted outside of the courtroom. 
C)  can be used to impeach a witness. 
D)  can be used to dismiss the lawsuit. 
A)  the testimony of a witness taken under oath. 
B)  conducted outside of the courtroom. 
C)  can be used to impeach a witness. 
D)  can be used to dismiss the lawsuit.

Question 8

An appellate court determines whether there has been reversible error.

Accepted Answer

A) True 
 B)False

Question 9

The Federal Arbitration Act provides that only arbitration clauses dealing with federal subject matters are valid, irrevocable, and binding.

Accepted Answer

A) True 
 B)False

Question 10

All courts have general jurisdiction.

Accepted Answer

A) True 
 B)False

Question 11

A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

Mediation tends to keep discussions between parties proceeding.

Accepted Answer

A) True 
 B)False

Question 14

Garnishment is a method for satisfying a judgment against a defendant.

Accepted Answer

A) True 
 B)False

Question 15

A summary jury trial is a mock trial before a judge.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.

Accepted Answer

A) True 
 B)False

Question 18

A court is a tribunal established by:

Accepted Answer

A)  the parties to a lawsuit. 
B)  the government. 
C)  the parties to a contract. 
D)  the will of the people. 
A)  the parties to a lawsuit. 
B)  the government. 
C)  the parties to a contract. 
D)  the will of the people.

Question 19

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Accepted Answer

A) True 
 B)False

Question 20

One of the motions that can be made after a verdict has been entered is a motion for a:

Accepted Answer

A)  mistrial. 
B)  summary judgment. 
C)  directed verdict. 
D)  judgment notwithstanding the verdict. 
A)  mistrial. 
B)  summary judgment. 
C)  directed verdict. 
D)  judgment notwithstanding the verdict.

Exam 2: The Court System and Dispute Resolution

A "Rent-a-Judge" serves as a referee.

If there is a reference to a third party to determine a dispute, in most cases the decision is binding.

Arbitration procedures occur in a court of law.

Federal district courts are the trial courts of the federal court system.

A deposition is or can accomplish any of the following except:

An appellate court determines whether there has been reversible error.

The Federal Arbitration Act provides that only arbitration clauses dealing with federal subject matters are valid, irrevocable, and binding.

All courts have general jurisdiction.

A court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction.

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

Mediation tends to keep discussions between parties proceeding.

Garnishment is a method for satisfying a judgment against a defendant.

A summary jury trial is a mock trial before a judge.

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

Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.

A court is a tribunal established by:

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

One of the motions that can be made after a verdict has been entered is a motion for a:

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

Crimes

Torts

Intellectual Property Rights and the Internet

The Legal Environment of International Trade

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 Negotiable Instruments 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