Question 1

Which of the following courts determines facts?

Accepted Answer

A) U.S.District Court 
B) U.S.Supreme Court 
C) U.S.Court of Appeals 
D) All of these are correct. 
A) U.S.District Court 
B) U.S.Supreme Court 
C) U.S.Court of Appeals 
D) All of these are correct.

Question 2

If interrogatories are being used as a form of discovery,the party being questioned must generally answer all the questions orally under oath.

Accepted Answer

A) True 
 B)False

Question 3

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

A) True 
 B)False

Question 4

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered

Accepted Answer

A) an adversary system. 
B) a conflict system. 
C) an alternative dispute resolution system. 
D) a mediation system. 
A) an adversary system. 
B) a conflict system. 
C) an alternative dispute resolution system. 
D) a mediation system.

Question 5

What has been one consequence of the rise of electronic discovery?

Accepted Answer

A) The creation of a new industry devoted to help law firms sort through the vast amounts of data. 
B) A significant reduction in the amount of time law firms devote to discovery. 
C) The gradual phasing out of the use of interrogatories and depositions. 
D) A decrease in the cost most law firms charge for discovery. 
A) The creation of a new industry devoted to help law firms sort through the vast amounts of data. 
B) A significant reduction in the amount of time law firms devote to discovery. 
C) The gradual phasing out of the use of interrogatories and depositions. 
D) A decrease in the cost most law firms charge for discovery.

Question 6

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 7

Of all forms of dispute resolution,which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Accepted Answer

A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation 
A) litigation 
B) arbitration 
C) jurisdiction 
D) mediation

Question 8

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called

Accepted Answer

A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories. 
A) a request for admission. 
B) a request for the production of documents. 
C) a deposition. 
D) interrogatories.

Question 9

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (non obstante veredicto o

Question 10

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Accepted Answer

A) True 
 B)False

Question 11

Briefly describe the process of jury selection.

Accepted Answer

The process of jury selection is called

Question 12

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Accepted Answer

A) True 
 B)False

Question 13

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to

Accepted Answer

A) mediate the claim with the advertiser. 
B) bring an individual lawsuit against the advertiser in a state appellate court. 
C) bring an individual lawsuit in a U.S.District Court. 
D) become part of a class action lawsuit,which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed. 
A) mediate the claim with the advertiser. 
B) bring an individual lawsuit against the advertiser in a state appellate court. 
C) bring an individual lawsuit in a U.S.District Court. 
D) become part of a class action lawsuit,which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Question 14

An inmate in a state prison claims his U.S.constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

Accepted Answer

A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard,as prisoners lose the right to sue. 
A) may not be decided by a federal court since it involves a state facility. 
B) must be decided by the state court where the inmate established residency before going to prison. 
C) is a federal question case over which the federal courts have jurisdiction. 
D) cannot be heard,as prisoners lose the right to sue.

Question 15

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is NOT an example of a trial court of limited jurisdiction?

Accepted Answer

A) A probate court 
B) A juvenile court 
C) A small claims court 
D) A general civil division court 
A) A probate court 
B) A juvenile court 
C) A small claims court 
D) A general civil division court

Question 17

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a

Accepted Answer

A) judgment on the pleadings. 
B) summary judgment. 
C) pretrial conference. 
D) default judgment. 
A) judgment on the pleadings. 
B) summary judgment. 
C) pretrial conference. 
D) default judgment.

Question 18

Pablo,a resident of New Mexico,while driving through Arizona was struck by a SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

Accepted Answer

Pablo could bring this case in the feder

Question 19

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

The advantages of arbitration include us

Question 20

In alternative dispute resolution (ADR),most cases are resolved through

Accepted Answer

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

Exam 6: Dispute Resolution

Which of the following courts determines facts?

If interrogatories are being used as a form of discovery,the party being questioned must generally answer all the questions orally under oath.

Summary judgment is appropriate when there are no essential facts in dispute.

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered

What has been one consequence of the rise of electronic discovery?

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Of all forms of dispute resolution,which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

After answering a summons and complaint,Mike received a set of written questions from the plaintiff's attorney.He was directed to respond to the questions in writing under oath.This discovery technique is called

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Briefly describe the process of jury selection.

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to

An inmate in a state prison claims his U.S.constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Which of the following is NOT an example of a trial court of limited jurisdiction?

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a

What are the advantages and disadvantages of using arbitration rather than litigation?

In alternative dispute resolution (ADR),most cases are resolved through

Introduction to Law

Ethics and Corporate Social Responsibility

International Law

Common Law, Statutory Law, and Administrative Law

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Introduction to Contracts

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Voidable Contracts: Capacity and Consent

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