Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer are seeking compensation by suing the landlord.Which of the following statements is true?

Accepted Answer

A) She is entitled to a jury trial. 
B) The case can be settled at any time. 
C) state courts will have jurisdiction. 
D) all of the above. 
A) She is entitled to a jury trial. 
B) The case can be settled at any time. 
C) state courts will have jurisdiction. 
D) all of the above.

Question 3

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 4

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Accepted Answer

A) True 
 B)False

Question 5

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 6

A civil case generally proceeds as follows:

Accepted Answer

A) answer, complaint, discovery, trial, verdict. 
B) complaint, answer, trial, discovery, verdict. 
C) complaint, answer, discovery, trial, verdict. 
D) discovery, complaint, answer, trial, verdict. 
A) answer, complaint, discovery, trial, verdict. 
B) complaint, answer, trial, discovery, verdict. 
C) complaint, answer, discovery, trial, verdict. 
D) discovery, complaint, answer, trial, verdict.

Question 7

If Albert is seeking an injunction against Alicia to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial.

Accepted Answer

A) True 
 B)False

Question 8

Summary judgment is appropriate when essential facts are disputed.

Accepted Answer

A) True 
 B)False

Question 9

Under diversity of citizenship,a federal court may have jurisdiction only if a federal question is involved.

Accepted Answer

A) True 
 B)False

Question 10

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Accepted Answer

A) must hear the case if the validity of a federal statute is in question. 
B) must hear the case if two or more U.S.courts of appeals have decided the legal issue differently. 
C) has discretion as to which cases it hears. 
D) must hear all cases. 
A) must hear the case if the validity of a federal statute is in question. 
B) must hear the case if two or more U.S.courts of appeals have decided the legal issue differently. 
C) has discretion as to which cases it hears. 
D) must hear all cases.

Question 11

Define discovery,and identify and explain five of the most important forms of discovery.

Accepted Answer

Discovery is the pre-trial opportunity f

Question 12

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 13

The fastest growing method of dispute resolution in the United States is:

Accepted Answer

A) arbitration. 
B) negotiation. 
C) mediation. 
D) litigation. 
A) arbitration. 
B) negotiation. 
C) mediation. 
D) litigation.

Question 14

Jurisdiction is:

Accepted Answer

A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) a federal court concept. 
D) applicable only to appeals courts. 
A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) a federal court concept. 
D) applicable only to appeals courts.

Question 15

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial.

Accepted Answer

A) True 
 B)False

Question 16

After being served with a summons and a copy of the complaint,a defendant usually files a pleading known as an answer,briefly replying to each allegation in the complaint.

Accepted Answer

A) True 
 B)False

Question 17

In a civil case,the plaintiff must prove the case:

Accepted Answer

A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) None of the above; the burden of proof is on the defendant. 
A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) None of the above; the burden of proof is on the defendant.

Question 18

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called:

Accepted Answer

A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories. 
A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories.

Question 19

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 20

Gunderson and Howell decide to have their dispute arbitrated by McIntosh.Which of the following will NOT be a result of the arbitration?

Accepted Answer

A) McIntosh will render a binding decision. 
B) Gunderson and Howell retain the right to a trial. 
C) Gunderson and Howell give up the right to discovery. 
D) McIntosh need not give reasons for the decision. 
A) McIntosh will render a binding decision. 
B) Gunderson and Howell retain the right to a trial. 
C) Gunderson and Howell give up the right to discovery. 
D) McIntosh need not give reasons for the decision.

Exam 3: Dispute Resolution

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

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer are seeking compensation by suing the landlord.Which of the following statements is true?

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:

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

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 civil case generally proceeds as follows:

If Albert is seeking an injunction against Alicia to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial.

Summary judgment is appropriate when essential facts are disputed.

Under diversity of citizenship,a federal court may have jurisdiction only if a federal question is involved.

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Define discovery,and identify and explain five of the most important forms of discovery.

Generally,mandatory arbitration provisions in a contract are valid.

The fastest growing method of dispute resolution in the United States is:

Jurisdiction is:

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial.

After being served with a summons and a copy of the complaint,a defendant usually files a pleading known as an answer,briefly replying to each allegation in the complaint.

In a civil case,the plaintiff must prove the case:

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called:

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

Gunderson and Howell decide to have their dispute arbitrated by McIntosh.Which of the following will NOT be a result of the arbitration?

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