Question 1

Which of the following statements is most accurate regarding appellate courts?

Accepted Answer

A) Appellate courts often hear new evidence and testimony. 
B) Appellate courts generally accept the factual findings of the trial court. 
C) Only the federal court system has appellate courts. 
D) Appellate courts hear only criminal cases. 
A) Appellate courts often hear new evidence and testimony. 
B) Appellate courts generally accept the factual findings of the trial court. 
C) Only the federal court system has appellate courts. 
D) Appellate courts hear only criminal cases. B

Question 2

In reaching its verdicts,appellate courts conduct trials and rehear all evidence.

Accepted Answer

A) True 
 B)False  False

Question 3

In Jones v.Clinton,the court held that

Accepted Answer

A) Paula Jones did not demonstrate the essential elements for her claim. 
B) Paula Jones was entitled to a summary judgment. 
C) the case be dismissed because of the President's governmental position. 
D) President Clinton failed to comply with a discovery order. 
A) Paula Jones did not demonstrate the essential elements for her claim. 
B) Paula Jones was entitled to a summary judgment. 
C) the case be dismissed because of the President's governmental position. 
D) President Clinton failed to comply with a discovery order. A

Question 4

Jurisdiction can be described as

Accepted Answer

A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) court cases involving the U.S.Constitution or a federal statute. 
D) the burden of proof. 
A) the study of law. 
B) the authority of a court to decide a particular type of case. 
C) court cases involving the U.S.Constitution or a federal statute. 
D) the burden of proof.

Question 5

A summons is a paper ordering a defendant to appear in court at a certain time.

Accepted Answer

A) True 
 B)False

Question 6

What is the correct order in which a jury trial is conducted?

Accepted Answer

A) opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
B) jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
C) opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
D) jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
A) opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
B) jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict 
C) opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict 
D) jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict

Question 7

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial if the value of the materials is over $100.

Accepted Answer

A) True 
 B)False

Question 8

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 9

Small claims courts have jurisdiction over settling the estates of deceased persons.

Accepted Answer

A) True 
 B)False

Question 10

Define discovery,and identify and explain five of the most important forms of discovery.

Accepted Answer

Discovery is the pre-trial opportunity f

Question 11

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

Accepted Answer

A) Corrales will render a binding decision. 
B) Holt and Collins retain the right to a class action. 
C) Holt and Collins give up the right to discovery. 
D) Corrales need not give reasons for the decision. 
A) Corrales will render a binding decision. 
B) Holt and Collins retain the right to a class action. 
C) Holt and Collins give up the right to discovery. 
D) Corrales need not give reasons for the decision.

Question 12

The fastest-growing method of dispute resolution in the United States is

Accepted Answer

A) arbitration. 
B) negotiation. 
C) mediation. 
D) litigation. 
A) arbitration. 
B) negotiation. 
C) mediation. 
D) litigation.

Question 13

The Supreme Court will not grant a writ of certiorari unless

Accepted Answer

A) the case began in a federal court. 
B) two or more U.S.courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case. 
A) the case began in a federal court. 
B) two or more U.S.courts of appeals have decided the legal issue differently. 
C) four of the nine justices vote in favor of hearing the case. 
D) it finds that it has diversity jurisdiction over the case.

Question 14

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

Accepted Answer

A) True 
 B)False

Question 15

In a civil case,the plaintiff must prove the case

Accepted Answer

A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) None of these;the burden of proof is on the defendant. 
A) by a preponderance of the evidence. 
B) by clear and convincing evidence. 
C) beyond a reasonable doubt. 
D) None of these;the burden of proof is on the defendant.

Question 16

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Accepted Answer

A) default judgment 
B) long-arm statute 
C) federal question 
D) summary judgment 
A) default judgment 
B) long-arm statute 
C) federal question 
D) summary judgment

Question 17

What is the primary trial court in the federal system?

Accepted Answer

A) Municipal Court 
B) U.S.Supreme Court 
C) U.S.Claims Court 
D) U.S.District Court 
A) Municipal Court 
B) U.S.Supreme Court 
C) U.S.Claims Court 
D) U.S.District Court

Question 18

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 19

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone and decided that they should be made available to the plaintiff.The judge made

Accepted Answer

A) an in camera inspection. 
B) a motion to compel answers to interrogatories. 
C) a request for admission. 
D) a request for the production of documents. 
A) an in camera inspection. 
B) a motion to compel answers to interrogatories. 
C) a request for admission. 
D) a request for the production of documents.

Question 20

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Exam 6: Dispute Resolution

Which of the following statements is most accurate regarding appellate courts?

In reaching its verdicts,appellate courts conduct trials and rehear all evidence.

In Jones v.Clinton,the court held that

Jurisdiction can be described as

A summons is a paper ordering a defendant to appear in court at a certain time.

What is the correct order in which a jury trial is conducted?

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright,he is entitled to a jury trial if the value of the materials is over $100.

Generally,mandatory arbitration provisions in a contract are valid.

Small claims courts have jurisdiction over settling the estates of deceased persons.

Define discovery,and identify and explain five of the most important forms of discovery.

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

The fastest-growing method of dispute resolution in the United States is

The Supreme Court will not grant a writ of certiorari unless

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

In a civil case,the plaintiff must prove the case

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

What is the primary trial court in the federal system?

Emails and their attachments are not subject to pretrial discovery.

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone and decided that they should be made available to the plaintiff.The judge made

Primary methods of alternative dispute resolution include litigation and mediation.

Introduction to Law

Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

Constitutional Law

Crime

Intentional Torts and Business Torts

Negligence, Strict Liability, and Product Liability

Privacy and Internet Law

Introduction to Contracts

Agreement: Offers and Acceptances

Consideration

Legality

Voidable Contracts: Capacity and Consent

Written Contracts

Third Parties

Contract Termination

Remedies

Practical Contracts

Introduction to Sales

Ownership, Risk and Warranties

Performance and Remedies

Secured Transactions

Creating a Negotiable Instrument

Liability for Negotiable Instruments

Accountants Liability

Agency Law

Employment and Labor Law

Employment Discrimination

Starting a Business: Llcs and Other Options

Partnerships

Life and Death of a Corporation

Management Duties

Shareholder Rights

Bankruptcy

Securities Regulation

Antitrust

Consumer Protection

Environmental Law

Intellectual Property

Real Property and Landlord Tenant Law

Personal Property and Bailment

Planning for the Future: Wills, Trusts and Insurance

Filters