Question 1

When a dispute cannot be considered again it is a thing decided by judgment or:

Accepted Answer

A) res judicata 
B) voir dare 
C) stare decisis 
D) final 
E) none of the other choices are correct 
A) res judicata 
B) voir dare 
C) stare decisis 
D) final 
E) none of the other choices are correct

Question 2

In the United States,the role of the judge is usually limited to applying the law to the facts of the case.In Germany,the judge:

Accepted Answer

A) cannot apply the law to the facts of the case 
B) is presented with the facts of the case by witnesses 
C) decides the facts of the case and then applies the law to those facts 
D) decides the facts of the case,but may only apply the law in limited circumstances 
E) none of the other choices are correct 
A) cannot apply the law to the facts of the case 
B) is presented with the facts of the case by witnesses 
C) decides the facts of the case and then applies the law to those facts 
D) decides the facts of the case,but may only apply the law in limited circumstances 
E) none of the other choices are correct

Question 3

The screening process used in selecting the jury members from the jury pool is called res judicata.

Accepted Answer

A) True 
 B)False

Question 4

In her answer,the defendant must admit or deny the allegations made by the plaintiff in the complaint.

Accepted Answer

A) True 
 B)False

Question 5

Most discovery occurs during courtroom proceedings.

Accepted Answer

A) True 
 B)False

Question 6

The Constitution requires that all juries be composed of twelve persons.

Accepted Answer

A) True 
 B)False

Question 7

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

Accepted Answer

A) punitive damages 
B) exceptional damages 
C) expectancy damages 
D) compensatory damages 
E) injunctive damages 
A) punitive damages 
B) exceptional damages 
C) expectancy damages 
D) compensatory damages 
E) injunctive damages

Question 8

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

Accepted Answer

A) True 
 B)False

Question 9

A means of settling disputes,under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

Accepted Answer

A) mediation 
B) negotiation 
C) mini-trial 
D) summary jury trial 
E) none of the other choices are correct 
A) mediation 
B) negotiation 
C) mini-trial 
D) summary jury trial 
E) none of the other choices are correct

Question 10

When a court issues an ex parte temporary restraining order:

Accepted Answer

A) none of the parties are present 
B) only the party requesting the order is present 
C) both parties are present 
D) only the defendant's attorney is present 
E) none of the other choices are correct 
A) none of the parties are present 
B) only the party requesting the order is present 
C) both parties are present 
D) only the defendant's attorney is present 
E) none of the other choices are correct

Question 11

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.To win against Musclematic,Amanda must prove that the machine caused her injuries:

Accepted Answer

A) beyond a shadow of a doubt 
B) by a preponderance of the evidence 
C) by all due means 
D) with good intent 
E) with equitable intent 
A) beyond a shadow of a doubt 
B) by a preponderance of the evidence 
C) by all due means 
D) with good intent 
E) with equitable intent

Question 12

At most trials,after the parties present their closing arguments,the:

Accepted Answer

A) jury answers questions from the judge to show competence 
B) jury is required to determine only the facts 
C) judge instructs the jury on the law;the jury applies the law to the facts it determines 
D) judge may not instruct the jury on the law 
E) none of the other choices are correct 
A) jury answers questions from the judge to show competence 
B) jury is required to determine only the facts 
C) judge instructs the jury on the law;the jury applies the law to the facts it determines 
D) judge may not instruct the jury on the law 
E) none of the other choices are correct

Question 13

Voir dire is:

Accepted Answer

A) the defendant's response to the plaintiff 
B) the process used to select attorneys 
C) the defendant's claims against the plaintiff 
D) the plaintiff's claims against the defendant 
E) none of the other choices are correct 
A) the defendant's response to the plaintiff 
B) the process used to select attorneys 
C) the defendant's claims against the plaintiff 
D) the plaintiff's claims against the defendant 
E) none of the other choices are correct

Question 14

FACT Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
-Refer to Fact Pattern 3-2.Before arbitrating this disputes,Ellen and James might be wise to attempt:

Accepted Answer

A) litigation 
B) physical violence 
C) negotiation 
D) reconciliation 
E) animation 
A) litigation 
B) physical violence 
C) negotiation 
D) reconciliation 
E) animation

Question 15

In situations when monetary damages are not practical or effective,the court may order a remedy in equity.These include:

Accepted Answer

A) punitive damages 
B) conjunctions 
C) nominal damages 
D) public flogging 
E) none of the other choices 
A) punitive damages 
B) conjunctions 
C) nominal damages 
D) public flogging 
E) none of the other choices

Question 16

According to the Federal Arbitration Act:

Accepted Answer

A) parties must always use arbitration before going to court 
B) arbitration is not recognized by the government 
C) arbitration is allowed only for claims under $75,000 
D) arbitration must be pre-approved by a court 
E) courts must uphold agreements to arbitrate 
A) parties must always use arbitration before going to court 
B) arbitration is not recognized by the government 
C) arbitration is allowed only for claims under $75,000 
D) arbitration must be pre-approved by a court 
E) courts must uphold agreements to arbitrate

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

When an arbitration case is heard,the process is called the resolution.

Accepted Answer

A) True 
 B)False

Question 19

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint,the defendant has asserted:

Accepted Answer

A) a counterclaim 
B) a deposition 
C) a pleading 
D) a reply 
E) none of the other choices 
A) a counterclaim 
B) a deposition 
C) a pleading 
D) a reply 
E) none of the other choices

Question 20

________________ is the most widely recognized form of Alternative Dispute Resolution.

Accepted Answer

A) Arbitration 
B) Mediation 
C) Negotiation 
D) Mini-trial 
E) Litigation 
A) Arbitration 
B) Mediation 
C) Negotiation 
D) Mini-trial 
E) Litigation

When a dispute cannot be considered again it is a thing decided by judgment or:

In the United States,the role of the judge is usually limited to applying the law to the facts of the case.In Germany,the judge:

The screening process used in selecting the jury members from the jury pool is called res judicata.

In her answer,the defendant must admit or deny the allegations made by the plaintiff in the complaint.

Most discovery occurs during courtroom proceedings.

The Constitution requires that all juries be composed of twelve persons.

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

A means of settling disputes,under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

When a court issues an ex parte temporary restraining order:

At most trials,after the parties present their closing arguments,the:

Voir dire is:

In situations when monetary damages are not practical or effective,the court may order a remedy in equity.These include:

According to the Federal Arbitration Act:

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

When an arbitration case is heard,the process is called the resolution.

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint,the defendant has asserted:

________________ is the most widely recognized form of Alternative Dispute Resolution.

Todays Business Environment: Law and Ethics

The Court Systems

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Negotiable Instruments, credit, and Bankruptcy

Business Organizations

Agency and the Employment Relationship

The Regulatory Process

Employment and Labor Regulations

Employment Discrimination

Environmental Law

Consumer Protection

Antitrust Law

Securities Regulation

The International Legal Environment of Business

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Exam 3: Trials and Resolving Disputes

When a dispute cannot be considered again it is a thing decided by judgment or:

In the United States,the role of the judge is usually limited to applying the law to the facts of the case.In Germany,the judge:

The screening process used in selecting the jury members from the jury pool is called res judicata.

In her answer,the defendant must admit or deny the allegations made by the plaintiff in the complaint.

Most discovery occurs during courtroom proceedings.

The Constitution requires that all juries be composed of twelve persons.

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

Many judges are actively involved in discussing the terms of settlement of cases that are set for trial in their court.

A means of settling disputes,under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

When a court issues an ex parte temporary restraining order:

At most trials,after the parties present their closing arguments,the:

Voir dire is:

In situations when monetary damages are not practical or effective,the court may order a remedy in equity.These include:

According to the Federal Arbitration Act:

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

When an arbitration case is heard,the process is called the resolution.

If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint,the defendant has asserted:

________________ is the most widely recognized form of Alternative Dispute Resolution.

Todays Business Environment: Law and Ethics

The Court Systems

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Negotiable Instruments, credit, and Bankruptcy

Business Organizations

Agency and the Employment Relationship

The Regulatory Process

Employment and Labor Regulations

Employment Discrimination

Environmental Law

Consumer Protection

Antitrust Law

Securities Regulation

The International Legal Environment of Business

Filters