Question 1

The person who initiates a lawsuit is called the:

Accepted Answer

A)  defendant. 
B)  moving party. 
C)  plaintiff. 
D)  none of the above. 
A)  defendant. 
B)  moving party. 
C)  plaintiff. 
D)  none of the above.

Question 2

The answer to the complaint is filed by the:

Accepted Answer

A)  defendant. 
B)  moving party. 
C)  plaintiff. 
D)  none of the above. 
A)  defendant. 
B)  moving party. 
C)  plaintiff. 
D)  none of the above.

Question 3

Which is not considered an alternate means of dispute resolution?

Accepted Answer

A)  civil lawsuit 
B)  arbitration 
C)  association tribunals 
D)  minitrial 
A)  civil lawsuit 
B)  arbitration 
C)  association tribunals 
D)  minitrial

Question 4

State supreme courts primarily have what type of jurisdiction?

Accepted Answer

A)  appellate 
B)  limited trial court 
C)  general 
D)  none of the above 
A)  appellate 
B)  limited trial court 
C)  general 
D)  none of the above

Question 5

Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

Accepted Answer

As between the motion to dismiss and the

Question 6

A motion to dismiss a lawsuit on the basis that, even if everything in the complaint were true, the plaintiff would not be entitled to relief is called a motion:

Accepted Answer

A)  to compel 
B)  to dismiss 
C)  for summary judgment 
D)  none of the above 
A)  to compel 
B)  to dismiss 
C)  for summary judgment 
D)  none of the above

Question 7

The _____ rule(s) on the admissibility of evidence.

Accepted Answer

A)  judge 
B)  jury 
C)  attorneys 
D)  court clerk 
A)  judge 
B)  jury 
C)  attorneys 
D)  court clerk

Question 8

A "rent-a-judge" serves as a referee.

Accepted Answer

A) True 
 B)False

Question 9

The United States Supreme Court was created by:

Accepted Answer

A)  Congress. 
B)  the President. 
C)  the Uniform State Law Commission. 
D)  none of the above. 
A)  Congress. 
B)  the President. 
C)  the Uniform State Law Commission. 
D)  none of the above.

Question 10

Mediation tends to keep discussions between parties proceeding.

Accepted Answer

A) True 
 B)False

Question 11

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision.

Accepted Answer

A) True 
 B)False

Question 12

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Accepted Answer

A) True 
 B)False

Question 13

Costs generally are awarded to the prevailing party in litigation. Those costs usually include:

Accepted Answer

A)  filing fees. 
B)  service-of-process fees. 
C)  deposition transcript costs. 
D)  all of the above. 
A)  filing fees. 
B)  service-of-process fees. 
C)  deposition transcript costs. 
D)  all of the above.

Question 14

Once a lawsuit is commenced, the case must go to the jury.

Accepted Answer

A) True 
 B)False

Question 15

Voir dire examination is used in connection with:

Accepted Answer

A)  determining whether the pleadings are valid. 
B)  jury selection. 
C)  deciding whether to appeal a trial court decision. 
D)  none of the above. 
A)  determining whether the pleadings are valid. 
B)  jury selection. 
C)  deciding whether to appeal a trial court decision. 
D)  none of the above.

Question 16

The Seventh Amendment to the United States Constitution provides for a federal ombudsman.

Accepted Answer

A) True 
 B)False

Question 17

A probate court is an example of a general trial court.

Accepted Answer

A) True 
 B)False

Question 18

The defendant in a civil case is the party who is suing.

Accepted Answer

A) True 
 B)False

Question 19

Generally, the prevailing party in a lawsuit will be awarded the costs of the action, including witness fees and jury fees.

Accepted Answer

A) True 
 B)False

Question 20

"Service of process" refers to:

Accepted Answer

A)  a demand letter sent by the plaintiff to the defendant. 
B)  a reply sent to the plaintiff by the defendant. 
C)  giving the defendant proper notice that a legal action is pending. 
D)  a record of the court's preliminary hearing. 
A)  a demand letter sent by the plaintiff to the defendant. 
B)  a reply sent to the plaintiff by the defendant. 
C)  giving the defendant proper notice that a legal action is pending. 
D)  a record of the court's preliminary hearing.

Exam 2: The Court System and Dispute Resolution

The person who initiates a lawsuit is called the:

The answer to the complaint is filed by the:

Which is not considered an alternate means of dispute resolution?

State supreme courts primarily have what type of jurisdiction?

A motion to dismiss a lawsuit on the basis that, even if everything in the complaint were true, the plaintiff would not be entitled to relief is called a motion:

The _____ rule(s) on the admissibility of evidence.

A "rent-a-judge" serves as a referee.

The United States Supreme Court was created by:

Mediation tends to keep discussions between parties proceeding.

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision.

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Costs generally are awarded to the prevailing party in litigation. Those costs usually include:

Once a lawsuit is commenced, the case must go to the jury.

Voir dire examination is used in connection with:

The Seventh Amendment to the United States Constitution provides for a federal ombudsman.

A probate court is an example of a general trial court.

The defendant in a civil case is the party who is suing.

Generally, the prevailing party in a lawsuit will be awarded the costs of the action, including witness fees and jury fees.

"Service of process" refers to:

The Nature and Sources of Law

Business Ethics, Social Forces, and the Law

The Constitution As the Foundation of the Legal Environment

Government Regulation of Competition and Prices

Administrative Agencies

The Legal Environment of International Trade

Crimes

Torts

Intellectual Property Rights

Cyberlaw

Nature and Classes of Contracts: Contracting on the Internet

Formation of Contracts: Offer and Acceptance

Capacity and Genuine Assent

Consideration

Legality and Public Policy

Writing, Electronic Forms, and Interpretation of Contracts

Third Persons and Contracts

Discharge of Contracts

Breach of Contract and Remedies

Personal Property and Bailments

Legal Aspects of Supply Chain Management

Nature and Form of Sales

Title and Risk of Loss

Product Liability: Warranties and Torts

Obligations and Performance

Remedies for Breach of Sales Contracts

Kinds of Instruments, Parties, and Negotiability

Transfers of Negotiable Instruments and Warranties of Parties

Liability of the Parties Under Negotiable Instruments

Checks and Funds Transfers

Nature of the Debtor-Creditor Relationship

Consumer Protection

Secured Transactions in Personal Property

Bankruptcy

Insurance

Agency

Third Persons in Agency

Regulation of Employment

Equal Employment Opportunity Law

Types of Business Organizations

Partnerships

LPs, LLCs, and LLPs

Corporate Formation

Shareholder Rights in Corporations

Securities Regulation

Accountants Liability and Malpractice

Management of Corporations

Real Property

Environmental Law and Land Use Controls

Leases

Decedents Estates and Trusts

Filters