Question 1

A defendant may make a counterclaim against the plaintiff:

Accepted Answer

A) based on the same events the plaintiff bases the complaint on 
B) only if it involves different events than those the plaintiff bases the complaint on 
C) only if the plaintiff agrees 
D) only if the court doubts the plaintiff 
E) none of the other choices are correct 
A) based on the same events the plaintiff bases the complaint on 
B) only if it involves different events than those the plaintiff bases the complaint on 
C) only if the plaintiff agrees 
D) only if the court doubts the plaintiff 
E) none of the other choices are correct

Question 2

Statements of the remedy that the plaintiff is seeking are included in the:

Accepted Answer

A) complaint 
B) summons 
C) compiled case files 
D) service of procedure 
E) defendant statement 
A) complaint 
B) summons 
C) compiled case files 
D) service of procedure 
E) defendant statement

Question 3

If a jury cannot reach a verdict,the jury is said to be hung.

Accepted Answer

A) True 
 B)False

Question 4

Following the opening statements at a trial,the:

Accepted Answer

A) bailiff flips a coin to see who goes first 
B) defendant goes first since he has the burden of proving the plaintiff's arguments are wrong 
C) plaintiff goes first since she has the burden of proving that her arguments are correct 
D) plaintiff goes first in civil cases,the defendant goes first in criminal cases 
E) judge decides who goes first depending on the type of case 
A) bailiff flips a coin to see who goes first 
B) defendant goes first since he has the burden of proving the plaintiff's arguments are wrong 
C) plaintiff goes first since she has the burden of proving that her arguments are correct 
D) plaintiff goes first in civil cases,the defendant goes first in criminal cases 
E) judge decides who goes first depending on the type of case

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 James appeals the decision of the arbitrators to a state court.He wants to argue that using the New York Stock Exchange rules was unfair to him.Most likely,James will:

Accepted Answer

A) win hands down;the rules are unfair 
B) win,if he shows that the rules favor stockbrokers 
C) win,based on the legal doctrine of res judicata 
D) lose,because the arbitrators were acting like judges 
E) lose,because the courts routinely uphold arbitration proceedings 
A) win hands down;the rules are unfair 
B) win,if he shows that the rules favor stockbrokers 
C) win,based on the legal doctrine of res judicata 
D) lose,because the arbitrators were acting like judges 
E) lose,because the courts routinely uphold arbitration proceedings

Question 6

At an arbitration hearing,the process,like a court trial,must be open to the public.

Accepted Answer

A) True 
 B)False

Question 7

As with a court decision,the doctrine of res judicata applies to disputes that are arbitrated.

Accepted Answer

A) True 
 B)False

Question 8

Depositions,written interrogatories,orders for production of documents and requests for admissions are all examples of:

Accepted Answer

A) the tools of discovery 
B) the tools of evidence 
C) the tools of interrogation 
D) the tools of trial 
E) none of the other choices are correct 
A) the tools of discovery 
B) the tools of evidence 
C) the tools of interrogation 
D) the tools of trial 
E) none of the other choices are correct

Question 9

Res judicata means:

Accepted Answer

A) justice has been done 
B) a thing decided 
C) the law has spoken 
D) let justice be done 
E) the justice of the judge 
A) justice has been done 
B) a thing decided 
C) the law has spoken 
D) let justice be done 
E) the justice of the judge

Question 10

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.If Ellen takes her dispute to the local court,according to the Federal Arbitration Act,what should happen?

Accepted Answer

A) the court will hear the case 
B) the court should dismiss the case 
C) the court will hear the case,but only if both parties disagree as to the subject matter 
D) the FAA will not apply here,because the dispute involves intangible property 
E) none of the other choices 
A) the court will hear the case 
B) the court should dismiss the case 
C) the court will hear the case,but only if both parties disagree as to the subject matter 
D) the FAA will not apply here,because the dispute involves intangible property 
E) none of the other choices

Question 11

If a losing party fails to pay a judgment ordered by the court,a writ of execution may be issued to allow property to be seized to satisfy the judgment.

Accepted Answer

A) True 
 B)False

Question 12

A party can submit written questions called ____________ to the opposing party.

Accepted Answer

A) depositions 
B) written interrogatories 
C) civil interrogatories 
D) declarations 
E) evidence 
A) depositions 
B) written interrogatories 
C) civil interrogatories 
D) declarations 
E) evidence

Question 13

The least formal method of alternative dispute resolution is:

Accepted Answer

A) court-annexed arbitration 
B) mini-trial 
C) mediation 
D) negotiation 
E) arbitration 
A) court-annexed arbitration 
B) mini-trial 
C) mediation 
D) negotiation 
E) arbitration

Question 14

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 dismiss for failure to state a claim 
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) a motion to call for failure of evidence 
A) a motion to dismiss for failure to state a claim 
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) a motion to call for failure of evidence

Question 15

It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.

Accepted Answer

A) True 
 B)False

Question 16

In the ________________ the judge tells the jury the applicable law,summarizes the issues of the dispute,and states which of the parties has the burden of persuasion.

Accepted Answer

A) instructions or charges 
B) challenges 
C) restrictions 
D) summaries 
E) voir dire 
A) instructions or charges 
B) challenges 
C) restrictions 
D) summaries 
E) voir dire

Question 17

What is the general rule concerning what is said during a mediation and a later court proceeding?

Accepted Answer

A) mediators must always testify about what they know 
B) mediators will often,but not always,have to testify 
C) mediators cannot be required to testify 
D) mediators may never testify 
E) none of the other choices is the correct rule as stated by the Colorado Supreme Court 
A) mediators must always testify about what they know 
B) mediators will often,but not always,have to testify 
C) mediators cannot be required to testify 
D) mediators may never testify 
E) none of the other choices is the correct rule as stated by the Colorado Supreme Court

Question 18

An arbitrator's decision may be appealed based on an error of law only.

Accepted Answer

A) True 
 B)False

Question 19

Following service of the plaintiff's complaint,defendant would not file which of the following:

Accepted Answer

A) a deposition 
B) a motion to dismiss 
C) an answer with an affirmative defense 
D) a counterclaim 
E) all of the other choices are possible 
A) a deposition 
B) a motion to dismiss 
C) an answer with an affirmative defense 
D) a counterclaim 
E) all of the other choices are possible

Question 20

A submission is what a party files to:

Accepted Answer

A) refer a dispute to arbitration 
B) refer a crime to arbitration 
C) extend the payment period for damages 
D) pay the court ordered damages 
E) none of the other choices are correct 
A) refer a dispute to arbitration 
B) refer a crime to arbitration 
C) extend the payment period for damages 
D) pay the court ordered damages 
E) none of the other choices are correct

A defendant may make a counterclaim against the plaintiff:

Statements of the remedy that the plaintiff is seeking are included in the:

If a jury cannot reach a verdict,the jury is said to be hung.

Following the opening statements at a trial,the:

At an arbitration hearing,the process,like a court trial,must be open to the public.

As with a court decision,the doctrine of res judicata applies to disputes that are arbitrated.

Depositions,written interrogatories,orders for production of documents and requests for admissions are all examples of:

Res judicata means:

If a losing party fails to pay a judgment ordered by the court,a writ of execution may be issued to allow property to be seized to satisfy the judgment.

A party can submit written questions called ____________ to the opposing party.

The least formal method of alternative dispute resolution is:

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

It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.

In the ________________ the judge tells the jury the applicable law,summarizes the issues of the dispute,and states which of the parties has the burden of persuasion.

What is the general rule concerning what is said during a mediation and a later court proceeding?

An arbitrator's decision may be appealed based on an error of law only.

Following service of the plaintiff's complaint,defendant would not file which of the following:

A submission is what a party files to:

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

Exam 3: Trials and Resolving Disputes

A defendant may make a counterclaim against the plaintiff:

Statements of the remedy that the plaintiff is seeking are included in the:

If a jury cannot reach a verdict,the jury is said to be hung.

Following the opening statements at a trial,the:

At an arbitration hearing,the process,like a court trial,must be open to the public.

As with a court decision,the doctrine of res judicata applies to disputes that are arbitrated.

Depositions,written interrogatories,orders for production of documents and requests for admissions are all examples of:

Res judicata means:

If a losing party fails to pay a judgment ordered by the court,a writ of execution may be issued to allow property to be seized to satisfy the judgment.

A party can submit written questions called ____________ to the opposing party.

The least formal method of alternative dispute resolution is:

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

It is the defendant's responsibility to seek a writ of execution if she fails to pay a judgment.

In the ________________ the judge tells the jury the applicable law,summarizes the issues of the dispute,and states which of the parties has the burden of persuasion.

What is the general rule concerning what is said during a mediation and a later court proceeding?

An arbitrator's decision may be appealed based on an error of law only.

Following service of the plaintiff's complaint,defendant would not file which of the following:

A submission is what a party files to:

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