Question 1

Which of the following is an example of an affirmative defense:

Accepted Answer

A) self-defense 
B) assumption of risk 
C) contributory negligence 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct 
A) self-defense 
B) assumption of risk 
C) contributory negligence 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct

Question 2

The discovery state in the trial process is intended for the:

Accepted Answer

A) parties to have time to present their sides of the case to the judge,who discovers the truth 
B) parties to have time to present their sides of the case to the jury,so it can discover the truth 
C) judge to have a chance to review the arguments before they make them before the jury 
D) parties to obtain information about the facts before the trial starts 
E) all of the other choices are correct 
A) parties to have time to present their sides of the case to the judge,who discovers the truth 
B) parties to have time to present their sides of the case to the jury,so it can discover the truth 
C) judge to have a chance to review the arguments before they make them before the jury 
D) parties to obtain information about the facts before the trial starts 
E) all of the other choices are correct

Question 3

International disputes over domain names are often resolved by ADR at the World Intellectual Property Organization.

Accepted Answer

A) True 
 B)False

Question 4

Unlike arbitrators,mediators:

Accepted Answer

A) can impose decisions on both parties 
B) cannot impose a decision 
C) cannot help resolve a conflict 
D) cannot create law 
E) cannot bend the rules of arbitration 
A) can impose decisions on both parties 
B) cannot impose a decision 
C) cannot help resolve a conflict 
D) cannot create law 
E) cannot bend the rules of arbitration

Question 5

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.Assume that Ellen sees James' unauthorized actions as the basis for a legal dispute.If she arbitrates,what must she do first?

Accepted Answer

A) file a complaint 
B) file an answer 
C) file a submission 
D) file a reverter 
E) file a rejoinder 
A) file a complaint 
B) file an answer 
C) file a submission 
D) file a reverter 
E) file a rejoinder

Question 6

To begin the litigation process,the plaintiff must first:

Accepted Answer

A) give notice to the defendant by service of process 
B) determine in which court to bring the action 
C) serve the defendant with the complaint 
D) make a motion for a pleading 
E) request a pre-trial hearing before a judge 
A) give notice to the defendant by service of process 
B) determine in which court to bring the action 
C) serve the defendant with the complaint 
D) make a motion for a pleading 
E) request a pre-trial hearing before a judge

Question 7

If a defendant does not respond to the plaintiff's complaint the court will:

Accepted Answer

A) presume the claims of the plaintiff are false and grant the defendant the relief requested in the complaint 
B) presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint 
C) presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint 
D) presume the defendant is dead and not grant the plaintiff the relief requested in the complaint 
E) none of the other choices are correct 
A) presume the claims of the plaintiff are false and grant the defendant the relief requested in the complaint 
B) presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint 
C) presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint 
D) presume the defendant is dead and not grant the plaintiff the relief requested in the complaint 
E) none of the other choices are correct

Question 8

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) opening statements 
B) closing statements 
C) pre-trial statements 
D) voir dire statements 
E) state decisis statements 
A) opening statements 
B) closing statements 
C) pre-trial statements 
D) voir dire statements 
E) state decisis statements

Question 9

International disputes over domain names are often resolved by ADR at the U.N.Commission on Internet Usage.

Accepted Answer

A) True 
 B)False

Question 10

The decision of an appellate court is the:

Accepted Answer

A) one that receives the majority vote of the judges 
B) one that receives at least one vote from the judges 
C) one that is unanimously agreed on by the judges 
D) one that the appellate jury agrees on 
E) none of the other choices are correct 
A) one that receives the majority vote of the judges 
B) one that receives at least one vote from the judges 
C) one that is unanimously agreed on by the judges 
D) one that the appellate jury agrees on 
E) none of the other choices are correct

Question 11

A permanent injunction is a(n):

Accepted Answer

A) temporary court order 
B) initial court order,issued before the conclusion of the trial 
C) final court order,issued after the conclusion of the trial or as part of a settlement agreement 
D) lasting court order 
E) final court order,issued before the conclusion of the trial 
A) temporary court order 
B) initial court order,issued before the conclusion of the trial 
C) final court order,issued after the conclusion of the trial or as part of a settlement agreement 
D) lasting court order 
E) final court order,issued before the conclusion of the trial

Question 12

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

Accepted Answer

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

Question 13

When an appellate court's opinion agrees with (upholds)the decision of the trial court,the court is said to have_______ the decision.

Accepted Answer

A) affirmed 
B) remanded 
C) concurred with 
D) reversed 
E) none of the above 
A) affirmed 
B) remanded 
C) concurred with 
D) reversed 
E) none of the above

Question 14

The _______________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.

Accepted Answer

A) discovery 
B) distant 
C) recorded 
D) written 
E) recorded testimony 
A) discovery 
B) distant 
C) recorded 
D) written 
E) recorded testimony

Question 15

In Cooper Tire v.Mendez,involving a blown tire in a serious accident,the Texas high court held that because the expert witness for Mendez was not reliable,Mendez had the right to have another trial with a qualified witness.

Accepted Answer

A) True 
 B)False

Question 16

In mediation,which of the following activities must the mediator conduct?

Accepted Answer

A) gather information 
B) explain the process to the parties 
C) encourage compromise 
D) discuss options with the parties 
E) all of the other choices are likely included 
A) gather information 
B) explain the process to the parties 
C) encourage compromise 
D) discuss options with the parties 
E) all of the other choices are likely included

Question 17

To ensure fairness in trials,most courts freely allow new trials.

Accepted Answer

A) True 
 B)False

Question 18

Mediation is:

Accepted Answer

A) a way for the plaintiff to reduce attorney costs 
B) a voluntary process that helps avoid litigation 
C) a voluntary process that increases the likelihood of litigation 
D) the only way to settle disputes outside of court 
E) the only way to settle divorce cases 
A) a way for the plaintiff to reduce attorney costs 
B) a voluntary process that helps avoid litigation 
C) a voluntary process that increases the likelihood of litigation 
D) the only way to settle disputes outside of court 
E) the only way to settle divorce cases

Question 19

The defendant's reply to the complaint,in which the defendant admits or denies the allegations,is known as:

Accepted Answer

A) a rebuttal 
B) a request for hearing 
C) a countercomplaint 
D) a motion to admit 
E) none of the other choices are relevant 
A) a rebuttal 
B) a request for hearing 
C) a countercomplaint 
D) a motion to admit 
E) none of the other choices are relevant

Question 20

Unlike the original complaint by the plaintiff,any claims made by defendant against the plaintiff do not require an answer by the plaintiff.

Accepted Answer

A) True 
 B)False

Exam 3: Trials and Resolving Disputes

Which of the following is an example of an affirmative defense:

The discovery state in the trial process is intended for the:

International disputes over domain names are often resolved by ADR at the World Intellectual Property Organization.

Unlike arbitrators,mediators:

To begin the litigation process,the plaintiff must first:

If a defendant does not respond to the plaintiff's complaint the court will:

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.

International disputes over domain names are often resolved by ADR at the U.N.Commission on Internet Usage.

The decision of an appellate court is the:

A permanent injunction is a(n):

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

When an appellate court's opinion agrees with (upholds)the decision of the trial court,the court is said to have_______ the decision.

The _______________ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time.

In Cooper Tire v.Mendez,involving a blown tire in a serious accident,the Texas high court held that because the expert witness for Mendez was not reliable,Mendez had the right to have another trial with a qualified witness.

In mediation,which of the following activities must the mediator conduct?

To ensure fairness in trials,most courts freely allow new trials.

Mediation is:

The defendant's reply to the complaint,in which the defendant admits or denies the allegations,is known as:

Unlike the original complaint by the plaintiff,any claims made by defendant against the plaintiff do not require an answer by the plaintiff.

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