Question 1

During an arbitration proceeding, which statement is true?

Accepted Answer

A)  All the rules of evidence govern the proceedings 
B)  All the rules of discovery govern the proceedings 
C)  There is no discovery and rules of evidence do not apply 
D)  The arbitrator's ruling is always binding on the parties 
A)  All the rules of evidence govern the proceedings 
B)  All the rules of discovery govern the proceedings 
C)  There is no discovery and rules of evidence do not apply 
D)  The arbitrator's ruling is always binding on the parties

Question 2

Sally ate dinner at Ryan's BBQ and was injured when she was hit over the head by an employee who did not like her. She sues Ryan's BBQ for her injuries. Before a trial, Sally, the plaintiff, seeks a statement by the manager of the restaurant she is suing stating who was working at the same time she allegedly was injured at the restaurant. This type method of discovery is called

Accepted Answer

A)  A request for production of document 
B)  A request for admission against party interests 
C)  A request for admission 
D)  A request for inspection 
A)  A request for production of document 
B)  A request for admission against party interests 
C)  A request for admission 
D)  A request for inspection

Question 3

Sherry, a professional photographer, sues Brett for breach of contract when he failed to pay her for pictures that she took for him. In which type of court of law would she file the cause of action for breach of contract?

Accepted Answer

A)  Civil 
B)  Criminal 
C)  Equitable 
D)  Chancery 
A)  Civil 
B)  Criminal 
C)  Equitable 
D)  Chancery

Question 4

In Hernandez v. Yellow Transportation, where an employee sued for racial discrimination at work, the court ruled that the lower court's granting of Summary Judgment was

Accepted Answer

A)  Incorrect as there was a question of fact as to whether the harassment actually took place. 
B)  Correct because the plaintiff failed to establish that the harassment he received was based on his race. 
C)  Correct because the actions of the employer and employees was so outrageous no reasonable person should have to endure it. 
D)  Incorrect because the appellate court found new evidence that indicated there were questions of facts and law that needed to be addressed. 
A)  Incorrect as there was a question of fact as to whether the harassment actually took place. 
B)  Correct because the plaintiff failed to establish that the harassment he received was based on his race. 
C)  Correct because the actions of the employer and employees was so outrageous no reasonable person should have to endure it. 
D)  Incorrect because the appellate court found new evidence that indicated there were questions of facts and law that needed to be addressed.

Question 5

Evelynn files a lawsuit against Gabrielle for breach of contract in the family court division of the state court. Since clearly, the family court lacks subject matter jurisdiction over a breach of contract. Which type of motion should Gabrielle file?

Accepted Answer

A)  Motion to compel 
B)  Motion for summary judgment 
C)  Motion to dismiss 
D)  Motion for mistrial 
A)  Motion to compel 
B)  Motion for summary judgment 
C)  Motion to dismiss 
D)  Motion for mistrial

Exam 5: Resolving Disputes: Litigation and Alternative Dispute Resolution

During an arbitration proceeding, which statement is true?

Sherry, a professional photographer, sues Brett for breach of contract when he failed to pay her for pictures that she took for him. In which type of court of law would she file the cause of action for breach of contract?

In Hernandez v. Yellow Transportation, where an employee sued for racial discrimination at work, the court ruled that the lower court's granting of Summary Judgment was

Evelynn files a lawsuit against Gabrielle for breach of contract in the family court division of the state court. Since clearly, the family court lacks subject matter jurisdiction over a breach of contract. Which type of motion should Gabrielle file?

Legal Foundations and Thinking Strategically

Business, Societal, and Ethical Contexts of Law

Business and the Constitution

The American Judicial System, Jurisdiction, and Venue

Contracts: Overview, Definition, Categories, and Source of Law

Mutual Assent: Agreement and Consideration

Capacity and Legality

Enforceability

Performance

Breach and Remedies

Contracts for the Sale of Goods: Overview of Article 2

Sales Contracts: Agreement, Consideration, and the Statute of Frauds

Title, Allocation of Risk, and Insurable Interest

Performance and Cure in Sales Contracts

Breach and Remedies in a Sales Transaction

UCC Article 2A: Lease Contracts

Sales Warranties

Definition, Creation, and Categories of Negotiable Instruments

Negotiation, Endorsements, and Holder in Due Course

Liability, Defenses, and Discharge

Checks, Deposits, and Financial Institutions

Secured Transactions

Creditors Rights

Alternatives for Insolvent Borrowers

Bankruptcy

Choice of Business Entity and Sole Proprietorships

Partnerships

Limited Liability Partnerships and Limited Liability Companies

Corporations: Formation and Organization

Corporate Transactions: Acquisitions and Mergers

Overview of the Securities Market: Definition, Categories, and Regulation

Regulation of Issuance: The Securities Act of 1933

Regulation of Trading: The Securities Exchange Act of 1934

Regulation of Corporate Governance

Regulation of Financial Markets

Agency Formation, Categories, and Authority

Duties and Liabilities of Principals and Agents

Employment at Will

Employment Regulation and Labor Law

Employment Discrimination

Torts and Products Liability

Administrative Law

Consumer Protection

Criminal Law and Procedure

Insurance Law

Environmental Law

Personal Property, Real Property, and Land Use Law

Wills, Trusts, and Estates

Intellectual Property

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