Question 1

In order to appeal a decision,_____.

Accepted Answer

A)  a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. 
B)  a party need not have objected to a judge's action at the time the alleged error was made. 
C)  a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court. 
D)  the defendant must show that the errors made were not material. 
A)  a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. 
B)  a party need not have objected to a judge's action at the time the alleged error was made. 
C)  a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court. 
D)  the defendant must show that the errors made were not material.

Question 2

The Smiths,an affluent family,own a hospitality chain called Smith Hotels Inc.When a lawsuit was filed against the hotel for serving stale food to its guests,the managers of the hotel decided to hire a lawyer who practices in an adversary system.How is this situation advantageous to Smith Hotels Inc.?

Accepted Answer

A)  The system makes it easier for a biased judge to control the outcome of a case. 
B)  The wealthy can hire better lawyers as the system does not work when the opposing lawyers are of unequal skill. 
C)  The system lays emphasis on the competition to win which discourages overstatement of the truth. 
D)  The adversary system resents the idea that truth is best discovered through the presentation of competing ideas. 
A)  The system makes it easier for a biased judge to control the outcome of a case. 
B)  The wealthy can hire better lawyers as the system does not work when the opposing lawyers are of unequal skill. 
C)  The system lays emphasis on the competition to win which discourages overstatement of the truth. 
D)  The adversary system resents the idea that truth is best discovered through the presentation of competing ideas.

Question 3

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee and has never been to the state.The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Accepted Answer

A) True 
 B)False

Question 4

Under what conditions can one or more members of a class may sue or be sued as representative of a class? What type of lawsuit can their claims be consolidated into?

Accepted Answer

Lawsuits can have more than one plaintif

Question 5

Trial courts differ from inferior courts in that the trial courts:

Accepted Answer

A)  are courts of limited jurisdiction. 
B)  are limited by the amount of civil damages that can be awarded. 
C)  are courts of record, and their decisions can be appealed. 
D)  are called municipal courts in urban areas. 
A)  are courts of limited jurisdiction. 
B)  are limited by the amount of civil damages that can be awarded. 
C)  are courts of record, and their decisions can be appealed. 
D)  are called municipal courts in urban areas.

Question 6

An individual appointed within an organization to settle disputes is called a(n)_____.

Accepted Answer

A)  private judge 
B)  arbitrator 
C)  mediator 
D)  ombudsperson 
A)  private judge 
B)  arbitrator 
C)  mediator 
D)  ombudsperson

Question 7

The parties to an arbitration proceeding can select an arbitrator in any way they desire.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true of the burden of proof in a criminal trial?

Accepted Answer

A)  It should be "beyond a reasonable doubt." 
B)  It is placed on the defendant. 
C)  During the closing of a case, when the defendant's attorney goes first, he or she has the burden of proof. 
D)  It is similar to that for civil cases. 
A)  It should be "beyond a reasonable doubt." 
B)  It is placed on the defendant. 
C)  During the closing of a case, when the defendant's attorney goes first, he or she has the burden of proof. 
D)  It is similar to that for civil cases.

Question 9

The U.S.Supreme Court generally disfavors arbitration as a way to settle disputes.

Accepted Answer

A) True 
 B)False

Question 10

Small claims courts are courts of record.

Accepted Answer

A) True 
 B)False

Question 11

The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Accepted Answer

A) True 
 B)False

Question 12

The primary way a case can be appealed to the Supreme Court is through a _____.

Accepted Answer

A)  writ of habeas corpus 
B)  writ of quo warranto 
C)  writ of certiorari 
D)  writ of mandamus 
A)  writ of habeas corpus 
B)  writ of quo warranto 
C)  writ of certiorari 
D)  writ of mandamus

Question 13

In international trade disputes,a losing party is not given time to comply with its trade obligations.

Accepted Answer

A) True 
 B)False

Question 14

Salim files a case against Nina for nonpayment of dues.Before the trial,Nina is examined under oath in the presence of Salim's attorney.This process of examination is known as a(n)_____.

Accepted Answer

A)  deposition 
B)  interrogatory 
C)  pretrial conference 
D)  default judgment 
A)  deposition 
B)  interrogatory 
C)  pretrial conference 
D)  default judgment

Question 15

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a _____.

Accepted Answer

A)  treatise 
B)  citation 
C)  transcript 
D)  brief 
A)  treatise 
B)  citation 
C)  transcript 
D)  brief

Question 16

A U.S.court of appeals is empowered to:

Accepted Answer

A)  take up appeals only from other districts. 
B)  review legal conclusions reached by lower federal courts. 
C)  hear cases that have been appealed from Supreme Court decisions. 
D)  take the final responsibility for interpretation of the Constitution and federal statutes. 
A)  take up appeals only from other districts. 
B)  review legal conclusions reached by lower federal courts. 
C)  hear cases that have been appealed from Supreme Court decisions. 
D)  take the final responsibility for interpretation of the Constitution and federal statutes.

Question 17

In the private judging method of dispute resolution,_____.

Accepted Answer

A)  a hired judge renders a binding opinion after hearing the evidence and arguments of the parties 
B)  executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side 
C)  a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side 
D)  executives of the disputing companies meet with lawyers for each side to negotiate a settlement 
A)  a hired judge renders a binding opinion after hearing the evidence and arguments of the parties 
B)  executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side 
C)  a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side 
D)  executives of the disputing companies meet with lawyers for each side to negotiate a settlement

Question 18

Mini trials are also known as summary jury trials.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following statements is true about a minitrial?

Accepted Answer

A)  A minitrial involves a six-member mock jury empaneled by the court that hears a shortened presentation of the case by the lawyers for each side and renders an advisory verdict. 
B)  A minitrial often involves a neutral third-party advisor who will render a nonbinding opinion, if a settlement is not reached, regarding how a dispute is likely to be resolved if it goes to trial. 
C)  A minitrial is conducted under court guidance. 
D)  A minitrial differs from mediation in that the third-party to whom the dispute is submitted decides the outcome. 
A)  A minitrial involves a six-member mock jury empaneled by the court that hears a shortened presentation of the case by the lawyers for each side and renders an advisory verdict. 
B)  A minitrial often involves a neutral third-party advisor who will render a nonbinding opinion, if a settlement is not reached, regarding how a dispute is likely to be resolved if it goes to trial. 
C)  A minitrial is conducted under court guidance. 
D)  A minitrial differs from mediation in that the third-party to whom the dispute is submitted decides the outcome.

Question 20

A certain court receives an appeal by parties dissatisfied with the decision of a trial court.However,neither does it hear any witnesses nor does it review new facts about the case.The court discussed in the example is a(n)_____.

Accepted Answer

A)  municipal court 
B)  inferior court 
C)  appellate court 
D)  justice of peace court 
A)  municipal court 
B)  inferior court 
C)  appellate court 
D)  justice of peace court

Exam 2: Dispute Settlement

In order to appeal a decision,_____.

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee and has never been to the state.The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Under what conditions can one or more members of a class may sue or be sued as representative of a class? What type of lawsuit can their claims be consolidated into?

Trial courts differ from inferior courts in that the trial courts:

An individual appointed within an organization to settle disputes is called a(n)_____.

The parties to an arbitration proceeding can select an arbitrator in any way they desire.

Which of the following is true of the burden of proof in a criminal trial?

The U.S.Supreme Court generally disfavors arbitration as a way to settle disputes.

Small claims courts are courts of record.

The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

The primary way a case can be appealed to the Supreme Court is through a _____.

In international trade disputes,a losing party is not given time to comply with its trade obligations.

Salim files a case against Nina for nonpayment of dues.Before the trial,Nina is examined under oath in the presence of Salim's attorney.This process of examination is known as a(n)_____.

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a _____.

A U.S.court of appeals is empowered to:

In the private judging method of dispute resolution,_____.

Mini trials are also known as summary jury trials.

Which of the following statements is true about a minitrial?

A certain court receives an appeal by parties dissatisfied with the decision of a trial court.However,neither does it hear any witnesses nor does it review new facts about the case.The court discussed in the example is a(n)_____.

Law, Legal Reasoning, and the Legal Profession

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountantspart Six Property

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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