Question 1

A(n)________ is the plaintiff's point-by-point response to the allegations in the answer or counterclaim.

Accepted Answer

A) affirmative defense 
B) interrogatory 
C) motion to dismiss 
D) reply 
A) affirmative defense 
B) interrogatory 
C) motion to dismiss 
D) reply

Question 2

Which of the following notifies the defendant that he,she,or it is being sued?

Accepted Answer

A) Summons 
B) Motion to Dismiss 
C) Deposition 
D) Interrogatories 
A) Summons 
B) Motion to Dismiss 
C) Deposition 
D) Interrogatories

Question 3

Which of the following characterizes discovery?

Accepted Answer

A) It begins before the pleadings are completed. 
B) Information may be subject to discovery only if it is admissible at trial under the legal rules of evidence. 
C) It is an efficient and time-saving remedy for litigants. 
D) Interrogatories are a commonly utilized form of discovery. 
A) It begins before the pleadings are completed. 
B) Information may be subject to discovery only if it is admissible at trial under the legal rules of evidence. 
C) It is an efficient and time-saving remedy for litigants. 
D) Interrogatories are a commonly utilized form of discovery.

Question 4

In federal courts,a corporation is:

Accepted Answer

A) a citizen of only the place where is has been incorporated. 
B) a citizen of only it principal place of business. 
C) a citizen of both the state where it has been incorporated and the state where it has its principal place of business. 
D) a citizen of that state which has enacted a "long-arm" statute,and thus has jurisdiction. 
A) a citizen of only the place where is has been incorporated. 
B) a citizen of only it principal place of business. 
C) a citizen of both the state where it has been incorporated and the state where it has its principal place of business. 
D) a citizen of that state which has enacted a "long-arm" statute,and thus has jurisdiction.

Question 5

At a ________,the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate,or agree to,a resolution of certain issues in order to simplify the trial.

Accepted Answer

A) demurrer 
B) directed verdict 
C) pretrial conference 
D) minitrial 
A) demurrer 
B) directed verdict 
C) pretrial conference 
D) minitrial

Question 6

For federal district court diversity jurisdiction to exist the only requirement is that the amount in controversy must be at least $75,000.

Accepted Answer

A) True 
 B)False

Question 7

Why have most courts significantly relaxed their pleading rules?

Accepted Answer

A) Because they define the issues for trial. 
B) Because the purpose of pleading rules is to give the parties general notice of each other's claims and defenses. 
C) Because courts are less concerned with procedural rules and more concerned with substantive law. 
D) Because courts believe this is within the professional responsibility of the attorneys involved. 
A) Because they define the issues for trial. 
B) Because the purpose of pleading rules is to give the parties general notice of each other's claims and defenses. 
C) Because courts are less concerned with procedural rules and more concerned with substantive law. 
D) Because courts believe this is within the professional responsibility of the attorneys involved.

Question 8

Which of the following situations gives the U.S.Supreme court both original and exclusive jurisdiction?

Accepted Answer

A) A controversy between the United States and a state. 
B) A controversy between two or more states. 
C) A controversy involving a foreign ambassador. 
D) A controversy between a state and a citizen of another state. 
A) A controversy between the United States and a state. 
B) A controversy between two or more states. 
C) A controversy involving a foreign ambassador. 
D) A controversy between a state and a citizen of another state.

Question 9

Jurisdiction based on the presence of property within the state is called ________ jurisdiction.

Accepted Answer

A) in rem 
B) personam 
C) sui iuris 
D) subject-matter 
A) in rem 
B) personam 
C) sui iuris 
D) subject-matter

Question 10

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute and that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?

Accepted Answer

A) Discovery 
B) Voir dire 
C) Jury trial 
D) Summary judgment 
A) Discovery 
B) Voir dire 
C) Jury trial 
D) Summary judgment

Exam 2: The Resolution of Private Disputes

A(n)________ is the plaintiff's point-by-point response to the allegations in the answer or counterclaim.

Which of the following notifies the defendant that he,she,or it is being sued?

Which of the following characterizes discovery?

In federal courts,a corporation is:

At a ________,the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate,or agree to,a resolution of certain issues in order to simplify the trial.

For federal district court diversity jurisdiction to exist the only requirement is that the amount in controversy must be at least $75,000.

Why have most courts significantly relaxed their pleading rules?

Which of the following situations gives the U.S.Supreme court both original and exclusive jurisdiction?

Jurisdiction based on the presence of property within the state is called ________ jurisdiction.

Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute and that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?

The Nature of Law

Business and the Constitution

Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking

Criminal Law and Procedure

Intentional Torts

Negligence and Strict Liability

Intellectual Property and Unfair Competition

Introduction to Contracts

The Agreement: Offer

The Agreement: Acceptance

Consideration

Reality of Consent

Capacity to Contract

Illegality

Writing

Rights of Third Parties

Performance and Remedies

Formation and Terms of Sales Contracts

Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance Law

Introduction to Credit and Secured Transactions

Security Interests in Personal Property

Bankruptcy

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Transfers

The Agency Relationship

Third-Party Relations of the Principal and the Agent

Introduction to Forms of Business and Formation of Partnerships

Operation of Partnerships and Related Forms

Partners Dissociation and Partnerships Dissolution and Winding up

Limited Liability Companies, limited Partnerships, and Limited Liability Limited Partnerships

History and Nature of Corporations

Organization and Financial Structure of Corporations

Management of Corporations

Shareholders Rights and Liabilities

Securities Regulation

Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals

Administrative Law

The Federal Trade Commission Act and Consumer Protection Laws

Antitrust: the Sherman Act

The Clayton Act, the Robinsonpatman Act, and Antitrust Exemptions and Immunities

Employment Law

Environmental Regulation

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