Question 1

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 2

Following the service of plaintiff's complaint,even if the claims are complete nonsense,the defendant must file a responsive pleading.

Accepted Answer

A) True 
 B)False

Question 3

In the pleading known as the ____________,the defendant will admit,deny,or say that it does not know the truth,with respect to each assertion of the plaintiff.

Accepted Answer

A) rebuttal 
B) counterpoint 
C) response 
D) recall 
E) none of the other choices are correct 
A) rebuttal 
B) counterpoint 
C) response 
D) recall 
E) none of the other choices are correct

Question 4

At the beginning of the trial both lawyers make ______________,which tell the jury what the crucial facts are and how they will prove those facts to support their position.

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 5

An opinion written by a judge on a court of appeals who agrees with the decision of the majority,but for a different reason,is called a:

Accepted Answer

A) majority opinion 
B) dissenting opinion 
C) confident opinion 
D) modifying opinion 
E) none of the other choices;no such written opinion is allowed,except at the Supreme Court 
A) majority opinion 
B) dissenting opinion 
C) confident opinion 
D) modifying opinion 
E) none of the other choices;no such written opinion is allowed,except at the Supreme Court

Question 6

In an affirmative defense:

Accepted Answer

A) the plaintiff admits to the facts claimed by the defendant,but offers additional facts 
B) the defendant denies all the facts claimed by the plaintiff 
C) the defendant does not respond 
D) the defendant hires a special lawyer 
E) none of the other choices are correct 
A) the plaintiff admits to the facts claimed by the defendant,but offers additional facts 
B) the defendant denies all the facts claimed by the plaintiff 
C) the defendant does not respond 
D) the defendant hires a special lawyer 
E) none of the other choices are correct

Question 7

After an arbitrator hears a dispute,she issues an opinion that is known as a verdict.

Accepted Answer

A) True 
 B)False

Question 8

Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in:

Accepted Answer

A) sanctions by the court 
B) a fine 
C) a secondary lawsuit 
D) a loss of the right to appeal 
E) none of the other choices are correct 
A) sanctions by the court 
B) a fine 
C) a secondary lawsuit 
D) a loss of the right to appeal 
E) none of the other choices are correct

Question 9

In a civil trial the party that proves its contentions by a preponderance of the evidence will win.

Accepted Answer

A) True 
 B)False

Question 10

The right to a jury trial:

Accepted Answer

A) must be exercised in all cases 
B) can only be exercised by the plaintiff 
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) can only be exercised by the plaintiff 
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 11

Parties to a negotiation must exchange information for the negotiation to be successful.

Accepted Answer

A) True 
 B)False

Question 12

The reply in the pleading process is a legal response to the:

Accepted Answer

A) complaint 
B) service of process 
C) counterclaim 
D) demurrer 
E) none of the other choices 
A) complaint 
B) service of process 
C) counterclaim 
D) demurrer 
E) none of the other choices

Question 13

The decision of an arbitrator:

Accepted Answer

A) must be in writing 
B) is referred to as a reward 
C) is binding on the parties as if it were a court decision 
D) may never be appealed 
E) all of the other choices 
A) must be in writing 
B) is referred to as a reward 
C) is binding on the parties as if it were a court decision 
D) may never be appealed 
E) all of the other choices

Question 14

Attorneys generally have the right to challenge the suitability of certain persons to sit on a jury.

Accepted Answer

A) True 
 B)False

Question 15

A preliminary injunction is issued by a court before information is gathered about a
matter in dispute;the purpose it to hold things steady until a hearing can occur.

Accepted Answer

A) True 
 B)False

Question 16

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called:

Accepted Answer

A) writ of rejoinder 
B) res judicata 
C) writ of payment 
D) specific performance 
E) none of the other choices 
A) writ of rejoinder 
B) res judicata 
C) writ of payment 
D) specific performance 
E) none of the other choices

Question 17

The least formal method of alternative dispute resolution is:

Accepted Answer

A) court-annexed arbitration 
B) mini-trial 
C) mediation 
D) arbitration 
E) none of the other choices are correct 
A) court-annexed arbitration 
B) mini-trial 
C) mediation 
D) arbitration 
E) none of the other choices are correct

Question 18

An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded.The jury also awarded the family an additional $100 million damages.The second award is known as:

Accepted Answer

A) complicated damages 
B) punitive damages 
C) equitable damages 
D) concurrent damages 
E) none of the above 
A) complicated damages 
B) punitive damages 
C) equitable damages 
D) concurrent damages 
E) none of the above

Question 19

Plaintiffs can choose between suing for monetary damages or equitable remedies in each case.

Accepted Answer

A) True 
 B)False

Question 20

When the judge instructs,or charges,the jury,she:

Accepted Answer

A) tells the jury how to vote 
B) discusses which party has the burden of persuasion 
C) allows the jury to select the applicable law 
D) allows both sides to meet with the jury in private 
E) none of the other choices are correct 
A) tells the jury how to vote 
B) discusses which party has the burden of persuasion 
C) allows the jury to select the applicable law 
D) allows both sides to meet with the jury in private 
E) none of the other choices are correct

Exam 3: Trials and Resolving Disputes

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.

Following the service of plaintiff's complaint,even if the claims are complete nonsense,the defendant must file a responsive pleading.

In the pleading known as the ____________,the defendant will admit,deny,or say that it does not know the truth,with respect to each assertion of the plaintiff.

At the beginning of the trial both lawyers make ______________,which tell the jury what the crucial facts are and how they will prove those facts to support their position.

An opinion written by a judge on a court of appeals who agrees with the decision of the majority,but for a different reason,is called a:

In an affirmative defense:

After an arbitrator hears a dispute,she issues an opinion that is known as a verdict.

Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in:

In a civil trial the party that proves its contentions by a preponderance of the evidence will win.

The right to a jury trial:

Parties to a negotiation must exchange information for the negotiation to be successful.

The reply in the pleading process is a legal response to the:

The decision of an arbitrator:

Attorneys generally have the right to challenge the suitability of certain persons to sit on a jury.

A preliminary injunction is issued by a court before information is gathered about a matter in dispute;the purpose it to hold things steady until a hearing can occur.

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called:

The least formal method of alternative dispute resolution is:

An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded.The jury also awarded the family an additional $100 million damages.The second award is known as:

Plaintiffs can choose between suing for monetary damages or equitable remedies in each case.

When the judge instructs,or charges,the jury,she:

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