Question 1

A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a:

Accepted Answer

A)  cogent injunction 
B)  final injunction 
C)  preliminary injunction 
D)  partial injunction 
E)  none of the other choices are correct 
A)  cogent injunction 
B)  final injunction 
C)  preliminary injunction 
D)  partial injunction 
E)  none of the other choices are correct E

Question 2

A motion to dismiss is called a demurrer in some courts.

Accepted Answer

A) True 
 B)False  True

Question 3

Arbitration awards are usually final due to the application of the doctrine of:

Accepted Answer

A)  stare decisis 
B)  res judicata 
C)  responsible awards 
D)  final arbitration 
E)  none of the other choices are correct 
A)  stare decisis 
B)  res judicata 
C)  responsible awards 
D)  final arbitration 
E)  none of the other choices are correct B

Question 4

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

Accepted Answer

A) True 
 B)False

Question 5

If an appellate court judge disagrees with the majority opinion, she may write a:

Accepted Answer

A)  dissenting opinion 
B)  disgruntled opinion 
C)  focused opinion 
D)  deviant opinion 
E)  deviating opinion 
A)  dissenting opinion 
B)  disgruntled opinion 
C)  focused opinion 
D)  deviant opinion 
E)  deviating opinion

Question 6

The screening process used to select jury members is called:

Accepted Answer

A)  adverse selection 
B)  voir dire 
C)  summary selection 
D)  venue 
E)  sequestering 
A)  adverse selection 
B)  voir dire 
C)  summary selection 
D)  venue 
E)  sequestering

Question 7

If a judge writes a concurring opinion it means that:

Accepted Answer

A)  he agrees with the outcome for the expressed reason 
B)  he agrees with the outcome, but for a different reason 
C)  he does not agree with the outcome 
D)  he does not agree with the outcome, but realizes it is legally correct 
E)  none of the other choices 
A)  he agrees with the outcome for the expressed reason 
B)  he agrees with the outcome, but for a different reason 
C)  he does not agree with the outcome 
D)  he does not agree with the outcome, but realizes it is legally correct 
E)  none of the other choices

Question 8

The only kinds of opinions an appellate court may issue are called majority and dissenting opinions.

Accepted Answer

A) True 
 B)False

Question 9

The process of discovery before trial encourages settlement of cases.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is NOT part of a mediator's job:

Accepted Answer

A)  collecting information 
B)  outlining key issues 
C)  encouraging compromise 
D)  discussing options 
E)  all of the other specific choices are part of a mediator's job 
A)  collecting information 
B)  outlining key issues 
C)  encouraging compromise 
D)  discussing options 
E)  all of the other specific choices are part of a mediator's job

Question 11

A submission is what a party files to:

Accepted Answer

A)  refer a dispute to arbitration 
B)  refer a crime to arbitration 
C)  extend the payment period for damages 
D)  pay the court ordered damages 
E)  none of the other choices are correct 
A)  refer a dispute to arbitration 
B)  refer a crime to arbitration 
C)  extend the payment period for damages 
D)  pay the court ordered damages 
E)  none of the other choices are correct

Question 12

In a civil trial the parties must prove their contentions:

Accepted Answer

A)  beyond a reasonable doubt 
B)  with "all due certainty" 
C)  to the satisfaction of the plaintiff 
D)  unanimously 
E)  none of the other choices 
A)  beyond a reasonable doubt 
B)  with "all due certainty" 
C)  to the satisfaction of the plaintiff 
D)  unanimously 
E)  none of the other choices

Question 13

An adversary system of justice does not:

Accepted Answer

A)  reflect the belief that truth is discovered through the presentation of competing ideas 
B)  require opposing parties to argue their positions before a court 
C)  require an actual case or controversy 
D)  require a judge to apply the law to the facts established 
E)  all of the other choices are correct 
A)  reflect the belief that truth is discovered through the presentation of competing ideas 
B)  require opposing parties to argue their positions before a court 
C)  require an actual case or controversy 
D)  require a judge to apply the law to the facts established 
E)  all of the other choices are correct

Question 14

In equity, courts may order specific performance as a remedy.

Accepted Answer

A) True 
 B)False

Question 15

The least formal method of alternative dispute resolution is:

Accepted Answer

A)  court-annexed arbitration 
B)  mini-trial 
C)  mediation 
D)  negotiation 
E)  arbitration 
A)  court-annexed arbitration 
B)  mini-trial 
C)  mediation 
D)  negotiation 
E)  arbitration

Question 16

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. Ellen and James arbitrate their dispute, who is most likely to be selected as an arbitrator?

Accepted Answer

A)  a federal judge 
B)  a neutral expert on investment issues 
C)  a partial expert on consumer affairs 
D)  a mediator 
E)  a conciliator 
A)  a federal judge 
B)  a neutral expert on investment issues 
C)  a partial expert on consumer affairs 
D)  a mediator 
E)  a conciliator

Question 17

As a general rule, judges who are scheduled to have a case tried before them:

Accepted Answer

A)  are not allowed to pressure the parties to come to a settlement 
B)  may not allow a settlement once discovery is completed 
C)  may request punishment by the state bar association for the lawyer who did not cooperate 
D)  may rule in favor of a party that refuses to agree to a settlement before trial 
E)  none of the other choices 
A)  are not allowed to pressure the parties to come to a settlement 
B)  may not allow a settlement once discovery is completed 
C)  may request punishment by the state bar association for the lawyer who did not cooperate 
D)  may rule in favor of a party that refuses to agree to a settlement before trial 
E)  none of the other choices

Question 18

A temporary restraining order (TRO) is usually granted to preserve things as they are so the court has time to hold a hearing on the matter in dispute.

Accepted Answer

A) True 
 B)False

Question 19

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

Accepted Answer

A)  punitive damages 
B)  exceptional damages 
C)  liquidated damages 
D)  injunctive damages 
E)  none of the other choices 
A)  punitive damages 
B)  exceptional damages 
C)  liquidated damages 
D)  injunctive damages 
E)  none of the other choices

Question 20

The specific tools of discovery include:

Accepted Answer

A)  depositions 
B)  written interrogatories 
C)  orders for production of documents and requests for admissions 
D)  orders for a mental or physical examination 
E)  all of the other choices are correct 
A)  depositions 
B)  written interrogatories 
C)  orders for production of documents and requests for admissions 
D)  orders for a mental or physical examination 
E)  all of the other choices are correct

Exam 3: Trials and Resolving Disputes

A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a:

A motion to dismiss is called a demurrer in some courts.

Arbitration awards are usually final due to the application of the doctrine of:

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

If an appellate court judge disagrees with the majority opinion, she may write a:

The screening process used to select jury members is called:

If a judge writes a concurring opinion it means that:

The only kinds of opinions an appellate court may issue are called majority and dissenting opinions.

The process of discovery before trial encourages settlement of cases.

Which of the following is NOT part of a mediator's job:

A submission is what a party files to:

In a civil trial the parties must prove their contentions:

An adversary system of justice does not:

In equity, courts may order specific performance as a remedy.

The least formal method of alternative dispute resolution is:

As a general rule, judges who are scheduled to have a case tried before them:

A temporary restraining order (TRO) is usually granted to preserve things as they are so the court has time to hold a hearing on the matter in dispute.

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

The specific tools of discovery include:

Todays Business Environment: Law and Ethics

The Court Systems

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

The Regulatory Process

Securities Regulation

Consumer Protection

Antitrust Law

Environmental Law

The International Legal Environment of Business

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