Question 1

In German trials,judges:

Accepted Answer

A) play a much more active role than U.S.judges 
B) are not allowed to speak 
C) are not allowed to review evidence 
D) may only question the plaintiff 
E) may only question the defendant 
A) play a much more active role than U.S.judges 
B) are not allowed to speak 
C) are not allowed to review evidence 
D) may only question the plaintiff 
E) may only question the defendant A

Question 2

Written briefs and oral arguments are both methods through which parties:

Accepted Answer

A) present their arguments to the appellate court 
B) present their arguments to the initial court 
C) present their arguments to the media 
D) present their arguments to the jury 
E) present their arguments to the opposing party's attorney 
A) present their arguments to the appellate court 
B) present their arguments to the initial court 
C) present their arguments to the media 
D) present their arguments to the jury 
E) present their arguments to the opposing party's attorney A

Question 3

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

Accepted Answer

A) a motion to call for failure of evidence 
B) a motion to rescind for failure to state a claim 
C) a motion to resign for failure to state a claim 
D) a motion to dismiss for failure of evidence 
E) none of the other choices are correct 
A) a motion to call for failure of evidence 
B) a motion to rescind for failure to state a claim 
C) a motion to resign for failure to state a claim 
D) a motion to dismiss for failure of evidence 
E) none of the other choices are correct E

Question 4

A request for admission is when a party to a suit asks the other party,based on the evidence collected,to admit that it has no chance to win the suit.

Accepted Answer

A) True 
 B)False

Question 5

The process of obtaining information about the dispute is known as:

Accepted Answer

A) processing 
B) discovery 
C) pretrial informing 
D) counterclaim informing 
E) counterclaim justification 
A) processing 
B) discovery 
C) pretrial informing 
D) counterclaim informing 
E) counterclaim justification

Question 6

The following are grounds for overturning an arbitration decision,according to the Federal Arbitration Act,except:

Accepted Answer

A) the arbitrator does not state the legal basis for the decision 
B) the arbitrator engaged in fraud 
C) the arbitrator exceeded his authority 
D) there is evidence of serious procedural misconduct 
E) all of the other choices are grounds 
A) the arbitrator does not state the legal basis for the decision 
B) the arbitrator engaged in fraud 
C) the arbitrator exceeded his authority 
D) there is evidence of serious procedural misconduct 
E) all of the other choices are grounds

Question 7

FACT Pattern 3-1
Amanda is a twenty-four year old student.For two years Amanda has been going to gym and using weight equipment,stationary bicycles,and step machines to improve muscle tone.One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it),when the machine malfunctioned causing her serious injury.The company that made the machine,Musclematic,has known for the past year that this problem existed,but the company took no steps to warn people who owned or used these machines of the problem.
Please answer multiple choice questions 326 to 336 based on these facts.
-Refer to Fact Pattern 3-1.You are Amanda's attorney.To begin your lawsuit against Musclematic you must first:

Accepted Answer

A) file a for a hearing 
B) file a complaint 
C) file a reply 
D) file an answer 
E) file a counterclaim 
A) file a for a hearing 
B) file a complaint 
C) file a reply 
D) file an answer 
E) file a counterclaim

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The purpose of the pleadings is to:

Accepted Answer

A) notify each of the parties of the claims and defenses of each other 
B) focus the issues 
C) help remove surprise from the resolution of the dispute 
D) establish some facts in the case 
E) all of the other specific choices are correct 
A) notify each of the parties of the claims and defenses of each other 
B) focus the issues 
C) help remove surprise from the resolution of the dispute 
D) establish some facts in the case 
E) all of the other specific choices are correct

Question 10

An arbitral hearing is:

Accepted Answer

A) conducted according to rules the parties choose 
B) normally an open-door proceeding 
C) less formal than a trial 
D) normally faster than a court trial 
E) all of the other choices 
A) conducted according to rules the parties choose 
B) normally an open-door proceeding 
C) less formal than a trial 
D) normally faster than a court trial 
E) all of the other choices

Question 11

Juries must always be used in federal courts in civil trials involving more than $20.

Accepted Answer

A) True 
 B)False

Question 12

A complaint is a formal statement that:

Accepted Answer

A) informs the defendant that he is being sued 
B) informs the plaintiff that he must appear in court 
C) details the agreement between the plaintiff and his lawyer 
D) sets forth the defendant's claim against the plaintiff 
E) none of the other choices are correct 
A) informs the defendant that he is being sued 
B) informs the plaintiff that he must appear in court 
C) details the agreement between the plaintiff and his lawyer 
D) sets forth the defendant's claim against the plaintiff 
E) none of the other choices are correct

Question 13

Negotiation is always:

Accepted Answer

A) compulsory 
B) voluntary 
C) very formal 
D) conducted with many lawyers 
E) alienating 
A) compulsory 
B) voluntary 
C) very formal 
D) conducted with many lawyers 
E) alienating

Question 14

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

Accepted Answer

A) punitive damages 
B) compensatory damages 
C) nominal damages 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct 
A) punitive damages 
B) compensatory damages 
C) nominal damages 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct

Question 15

In Cooper Tire & Rubber v.Mendez,involving a tire blowout that resulted in deaths in an accident,the Texas high court held that:

Accepted Answer

A) the expert for plaintiff Mendez failed to meet the standard of reliability,so there would be a new trial 
B) the expert for plaintiff Mendez failed to meet the standard of reliability,so it reversed the judgment to be in favor of Cooper 
C) the expert witness for Cooper failed to meet the standard for reliability,so that testimony would be stricken from the record 
D) the expert witness for Cooper could not be a company employee,it had to be an independent expert 
E) none of the other choices are correct 
A) the expert for plaintiff Mendez failed to meet the standard of reliability,so there would be a new trial 
B) the expert for plaintiff Mendez failed to meet the standard of reliability,so it reversed the judgment to be in favor of Cooper 
C) the expert witness for Cooper failed to meet the standard for reliability,so that testimony would be stricken from the record 
D) the expert witness for Cooper could not be a company employee,it had to be an independent expert 
E) none of the other choices are correct

Question 16

A court may dismiss a case because,even if the statements made by the plaintiff are true,there is no legal remedy for the events that happened.

Accepted Answer

A) True 
 B)False

Question 17

The right to a jury trial:

Accepted Answer

A) must be exercised in all cases 
B) does not have to be exercised 
C) can only be exercised if both the plaintiff and defendant agree 
D) can only be exercised by the defendant 
E) none of the other choices are correct 
A) must be exercised in all cases 
B) does not have to be exercised 
C) can only be exercised if both the plaintiff and defendant agree 
D) can only be exercised by the defendant 
E) none of the other choices are correct

Question 18

The discovery process often reduces the number of issues in a case.

Accepted Answer

A) True 
 B)False

Question 19

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 20

Specific performance refers to a remedy when the court:

Accepted Answer

A) requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted 
B) directs the defendant to stop doing certain activities 
C) orders the defendant to do what he had promised the plaintiff he would do 
D) orders the defendant to pay compensatory damages to the plaintiff 
E) all of the other choices are correct 
A) requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted 
B) directs the defendant to stop doing certain activities 
C) orders the defendant to do what he had promised the plaintiff he would do 
D) orders the defendant to pay compensatory damages to the plaintiff 
E) all of the other choices are correct

Exam 3: Trials and Resolving Disputes

In German trials,judges:

Written briefs and oral arguments are both methods through which parties:

An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as:

A request for admission is when a party to a suit asks the other party,based on the evidence collected,to admit that it has no chance to win the suit.

The process of obtaining information about the dispute is known as:

The following are grounds for overturning an arbitration decision,according to the Federal Arbitration Act,except:

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

The purpose of the pleadings is to:

An arbitral hearing is:

Juries must always be used in federal courts in civil trials involving more than $20.

A complaint is a formal statement that:

Negotiation is always:

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

In Cooper Tire & Rubber v.Mendez,involving a tire blowout that resulted in deaths in an accident,the Texas high court held that:

A court may dismiss a case because,even if the statements made by the plaintiff are true,there is no legal remedy for the events that happened.

The right to a jury trial:

The discovery process often reduces the number of issues in a case.

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

Specific performance refers to a remedy when the court:

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