Question 1

A principal discovery tool is the written deposition.

Accepted Answer

A) True 
 B)False

Question 2

British court proceedings differ from American court proceedings in part because:

Accepted Answer

A)  there is a much greater degree of specialization among attorneys in the British system 
B)  there is a much lesser degree of specialization among attorneys in the British system 
C)  British court proceedings are shorter than American court proceedings 
D)  American court proceedings are shorter than British court proceedings 
E)  none of the other choices are correct 
A)  there is a much greater degree of specialization among attorneys in the British system 
B)  there is a much lesser degree of specialization among attorneys in the British system 
C)  British court proceedings are shorter than American court proceedings 
D)  American court proceedings are shorter than British court proceedings 
E)  none of the other choices are correct

Question 3

After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge denies the motion. The next step in the trial is that the attorney:

Accepted Answer

A)  for DeepBlue presents a closing argument 
B)  for DeepBlue presents her expert witnesses 
C)  for Paul's instructs the jury 
D)  for Paul's presents his case 
E)  for Paul's moves for a mistrial 
A)  for DeepBlue presents a closing argument 
B)  for DeepBlue presents her expert witnesses 
C)  for Paul's instructs the jury 
D)  for Paul's presents his case 
E)  for Paul's moves for a mistrial

Question 4

After the initial exchange of pleadings, litigation enters the:

Accepted Answer

A)  diversified stage 
B)  complaint stage 
C)  processing stage 
D)  discovery stage 
E)  result stage 
A)  diversified stage 
B)  complaint stage 
C)  processing stage 
D)  discovery stage 
E)  result stage

Question 5

A principal function served by the appellate courts is to:

Accepted Answer

A)  ensure that the trial judge correctly applied the law 
B)  investigate the jury members to be sure that each was thinking in an unbiased manner 
C)  verify the factual determinations made by the judge 
D)  verify the factual determinations made by the jury 
E)  all of the other choices 
A)  ensure that the trial judge correctly applied the law 
B)  investigate the jury members to be sure that each was thinking in an unbiased manner 
C)  verify the factual determinations made by the judge 
D)  verify the factual determinations made by the jury 
E)  all of the other choices

Question 6

The discovery process gives both sides access to the information in the possession of the other side; there are few secrets.

Accepted Answer

A) True 
 B)False

Question 7

Information such as medical bills are given to the opposing party in litigation as a result of:

Accepted Answer

A)  an interrogatory 
B)  a request for admission 
C)  an order for the production of documents 
D)  a deposition 
E)  any of the other choices can be correct 
A)  an interrogatory 
B)  a request for admission 
C)  an order for the production of documents 
D)  a deposition 
E)  any of the other choices can be correct

Question 8

Written interrogatories are questions submitted by:

Accepted Answer

A)  the jury 
B)  the judge 
C)  the court reporter 
D)  the opposing party 
E)  none of the other choices 
A)  the jury 
B)  the judge 
C)  the court reporter 
D)  the opposing party 
E)  none of the other choices

Question 9

The defendant has the right to move a suit to the court "of greatest convenience."

Accepted Answer

A) True 
 B)False

Question 10

Res judicata means:

Accepted Answer

A)  justice has been done 
B)  the justice of the judge 
C)  the law has spoken 
D)  let justice be done 
E)  none of the other choices 
A)  justice has been done 
B)  the justice of the judge 
C)  the law has spoken 
D)  let justice be done 
E)  none of the other choices

Question 11

A party that is concerned that the information it is required to provide contains confidential information may request a(n):

Accepted Answer

A)  protective order 
B)  confidentiality order 
C)  ultimate order 
D)  secret order 
E)  final order 
A)  protective order 
B)  confidentiality order 
C)  ultimate order 
D)  secret order 
E)  final order

Question 12

Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that:​

Accepted Answer

A)  ​the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed. 
B)  ​the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed. 
C)  ​the trial judge should have held a hearing at which he determined witness credibility, so the judgment was vacated. 
D)  ​the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated. 
E)  ​none of the other choices are correct. 
A)  ​the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed. 
B)  ​the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed. 
C)  ​the trial judge should have held a hearing at which he determined witness credibility, so the judgment was vacated. 
D)  ​the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated. 
E)  ​none of the other choices are correct.

Question 13

After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay?

Accepted Answer

A)  a writ of certiorari 
B)  a writ of habeas corpus 
C)  a writ of rejoinder 
D)  a writ of execution 
E)  a writ of remuneration 
A)  a writ of certiorari 
B)  a writ of habeas corpus 
C)  a writ of rejoinder 
D)  a writ of execution 
E)  a writ of remuneration

Question 14

One key area in which mediation is often used is:

Accepted Answer

A)  the investment industry 
B)  for college professors 
C)  for technical employees 
D)  for labor disputes 
E)  for environmental disputes 
A)  the investment industry 
B)  for college professors 
C)  for technical employees 
D)  for labor disputes 
E)  for environmental disputes

Question 15

Compensatory damages are decided by a jury on the basis of an "equitable judgment" for the plaintiff.

Accepted Answer

A) True 
 B)False

Question 16

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:

Accepted Answer

A)  state decisis statements 
B)  closing statements 
C)  pre-trial statements 
D)  voir dire statements 
E)  none of the other choices are correct 
A)  state decisis statements 
B)  closing statements 
C)  pre-trial statements 
D)  voir dire statements 
E)  none of the other choices are correct

Question 17

When a losing party to an arbitration appeals the arbitrator's decision to the courts, to have a chance of success, the appeal best be based on:

Accepted Answer

A)  errors of law 
B)  errors of fact 
C)  fraud 
D)  misunderstanding of circumstances 
E)  failure to comply with civil procedure 
A)  errors of law 
B)  errors of fact 
C)  fraud 
D)  misunderstanding of circumstances 
E)  failure to comply with civil procedure

Question 18

When a plaintiff files an action against a defendant, it is called the complaint.

Accepted Answer

A) True 
 B)False

Question 19

If the parties must prove their contentions to the jury by a preponderance of the evidence then the trial is a:

Accepted Answer

A)  civil trial 
B)  criminal trial 
C)  murder trial 
D)  court trial 
E)  none of the other choices are correct 
A)  civil trial 
B)  criminal trial 
C)  murder trial 
D)  court trial 
E)  none of the other choices are correct

Question 20

In the federal courts the right to a jury trial is guaranteed:

Accepted Answer

A)  in all cases 
B)  only in criminal cases, not in civil cases 
C)  only in civil cases, not in criminal cases 
D)  in common law cases in which over $20 is in dispute 
E)  in no cases; juries are only used in state courts 
A)  in all cases 
B)  only in criminal cases, not in civil cases 
C)  only in civil cases, not in criminal cases 
D)  in common law cases in which over $20 is in dispute 
E)  in no cases; juries are only used in state courts

Exam 3: Trials and Resolving Disputes

A principal discovery tool is the written deposition.

British court proceedings differ from American court proceedings in part because:

After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge denies the motion. The next step in the trial is that the attorney:

After the initial exchange of pleadings, litigation enters the:

A principal function served by the appellate courts is to:

The discovery process gives both sides access to the information in the possession of the other side; there are few secrets.

Information such as medical bills are given to the opposing party in litigation as a result of:

Written interrogatories are questions submitted by:

The defendant has the right to move a suit to the court "of greatest convenience."

Res judicata means:

A party that is concerned that the information it is required to provide contains confidential information may request a(n):

After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay?

One key area in which mediation is often used is:

Compensatory damages are decided by a jury on the basis of an "equitable judgment" for the plaintiff.

Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the:

When a losing party to an arbitration appeals the arbitrator's decision to the courts, to have a chance of success, the appeal best be based on:

When a plaintiff files an action against a defendant, it is called the complaint.

If the parties must prove their contentions to the jury by a preponderance of the evidence then the trial is a:

In the federal courts the right to a jury trial is guaranteed:

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