Question 1

Judges must be present during depositions to resolve disputes and ensure fairness.

Accepted Answer

A) True 
 B)False

Question 2

Questions asked by an attorney of witnesses whom he or she has called to testify are called a cross-examination.

Accepted Answer

A) True 
 B)False

Question 3

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence,while in federal trial court the standard of proof is beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 4

Once the defendant is served with the complaint,she must either file a motion to dismiss or provide a formal ____ to the complaint.

Accepted Answer

The answer of Once the defendant is served with the...

Question 5

To successfully pursue a lawsuit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

Accepted Answer

The party asserting the claim,the plaint

Question 6

For the courts to allow a lawsuit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Accepted Answer

A) True 
 B)False

Question 7

Arbitration can at times be legally mandated,but mediation is entered into only on a voluntary basis.

Accepted Answer

A) True 
 B)False

Question 8

A ____ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Accepted Answer

The answer of A ____ is a document filed by...

Question 9

Which of the following persons would not attend a pretrial conference?

Accepted Answer

A)  The plaintiff. 
B)  The judge. 
C)  The attorneys for the parties. 
D)  The court reporter. 
A)  The plaintiff. 
B)  The judge. 
C)  The attorneys for the parties. 
D)  The court reporter.

Question 10

At trial,the judge decides the facts and the jury decides the law.

Accepted Answer

A) True 
 B)False

Question 11

When a dispute arises between two parties,one party will typically make an informal ____ on the other party prior to initiating a lawsuit.

Accepted Answer

The answer of When a dispute arises between two parties,one...

Question 12

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

Accepted Answer

A) True 
 B)False

Question 13

Each of the following is a pretrial motion except a motion ____.

Accepted Answer

A)  to dismiss for mistrial. 
B)  to compel discovery. 
C)  to dismiss. 
D)  for summary judgment. 
A)  to dismiss for mistrial. 
B)  to compel discovery. 
C)  to dismiss. 
D)  for summary judgment.

Question 14

Alden is stopped at a traffic light when Bianca's automobile crashes into him.He sues her for negligence.At trial,Alden produces evidence that Bianca had a blood alcohol level of 1.3,that she was texting at the time of the accident,and that she was not wearing her prescription glasses when she rear-ended him.This type of evidence produced by Alden is called

Accepted Answer

A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  direct evidence. 
A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  direct evidence.

Question 15

In the civil system,the term litigation refers to

Accepted Answer

A)  both the pretrial and the trial. 
B)  the trial itself. 
C)  matters that occur prior to the trial. 
D)  posttrial enforcement of judgments. 
A)  both the pretrial and the trial. 
B)  the trial itself. 
C)  matters that occur prior to the trial. 
D)  posttrial enforcement of judgments.

Question 16

Evidence that proves innocence or nonliability is called ____ evidence.

Accepted Answer

The answer of Evidence that proves innocence or nonliability is...

Question 17

During the pleadings stage,a third party may be brought into the trial by a defendant by filing

Accepted Answer

A)  a supplementary answer. 
B)  a counterclaim. 
C)  a cross-claim. 
D)  an additional complaint. 
A)  a supplementary answer. 
B)  a counterclaim. 
C)  a cross-claim. 
D)  an additional complaint.

Question 18

The filing of the complaint begins which stage of litigation?

Accepted Answer

A)  the pleadings 
B)  discovery 
C)  voir dire 
D)  the trial 
A)  the pleadings 
B)  discovery 
C)  voir dire 
D)  the trial

Question 19

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

Accepted Answer

A) True 
 B)False

Question 20

What is a pretrial conference,when does it occur,and what are its purposes?

Accepted Answer

The pretrial conference is a meeting bet

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution

Judges must be present during depositions to resolve disputes and ensure fairness.

Questions asked by an attorney of witnesses whom he or she has called to testify are called a cross-examination.

In civil cases the standard of proof used by state trial courts is a preponderance of the evidence,while in federal trial court the standard of proof is beyond a reasonable doubt.

Once the defendant is served with the complaint,she must either file a motion to dismiss or provide a formal ____ to the complaint.

To successfully pursue a lawsuit,the plaintiff must evidence standing to sue.What must the plaintiff prove in order to establish standing to sue?

For the courts to allow a lawsuit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Arbitration can at times be legally mandated,but mediation is entered into only on a voluntary basis.

A ____ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Which of the following persons would not attend a pretrial conference?

At trial,the judge decides the facts and the jury decides the law.

When a dispute arises between two parties,one party will typically make an informal ____ on the other party prior to initiating a lawsuit.

A motion for a judgment as a matter of law is called a motion for a judgment non obstante veredicto in some states.

Each of the following is a pretrial motion except a motion ____.

In the civil system,the term litigation refers to

Evidence that proves innocence or nonliability is called ____ evidence.

During the pleadings stage,a third party may be brought into the trial by a defendant by filing

The filing of the complaint begins which stage of litigation?

Actual trade secrets of a company are exempted from discovery and need not ever be disclosed.

What is a pretrial conference,when does it occur,and what are its purposes?

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