Question 1

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 is called a:

Accepted Answer

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

Question 2

Explain why an appeal can only be taken from a court of record.

Accepted Answer

An appeal can only be taken from a court of record because such a court has a transcript or record of what went on at the trial.This transcript can be reviewed by the appellate court to see if the errors that are claimed have occurred and are sufficiently important to justify a reversal.

Question 3

All opinions of the Supreme Court can be cited as precedents.

Accepted Answer

A) True 
 B)False  False

Question 4

In order to enforce a judgment against an unwilling loser of the judgment,a court can issue:

Accepted Answer

A) a writ of quo warranto. 
B) a writ of garnishment. 
C) a writ of certiorari. 
D) a writ of mandamus. 
A) a writ of quo warranto. 
B) a writ of garnishment. 
C) a writ of certiorari. 
D) a writ of mandamus.

Question 5

A prisoner seeks injunctive relief to improve prison conditions.However,while the case is still pending,the prisoner's sentence ends and he is released.On the date of deciding the case,the American Federal Court could:

Accepted Answer

A) choose not to decide the case stating the case was moot. 
B) ask the ex-prisoner to appeal to the Supreme Court. 
C) ask the prisoner to apply for a new trial. 
D) ask the prisoner to appeal to the court of appeals. 
A) choose not to decide the case stating the case was moot. 
B) ask the ex-prisoner to appeal to the Supreme Court. 
C) ask the prisoner to apply for a new trial. 
D) ask the prisoner to appeal to the court of appeals.

Question 6

A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the:

Accepted Answer

A) alternative dispute resolution. 
B) mediation agreement. 
C) judgment notwithstanding the verdict. 
D) pretrial conference. 
A) alternative dispute resolution. 
B) mediation agreement. 
C) judgment notwithstanding the verdict. 
D) pretrial conference.

Question 7

Which of the following statements about the adversary system is true?

Accepted Answer

A) The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. 
B) The judge,in an adversary system,is actively involved in determining the facts of a case. 
C) In an adversary system the cases are heard by a panel of three judges. 
D) The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties. 
A) The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. 
B) The judge,in an adversary system,is actively involved in determining the facts of a case. 
C) In an adversary system the cases are heard by a panel of three judges. 
D) The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Question 8

Which of the following concerning 'pleadings' is true?

Accepted Answer

A) The first step in starting a lawsuit is the serving of a summons on the defendant. 
B) The case is set for trial on the court calendar once the pleadings have commenced. 
C) They serve three major functions. 
D) The complaint,answer and reply inform the parties of each other's claims and form the basis for a trial. 
A) The first step in starting a lawsuit is the serving of a summons on the defendant. 
B) The case is set for trial on the court calendar once the pleadings have commenced. 
C) They serve three major functions. 
D) The complaint,answer and reply inform the parties of each other's claims and form the basis for a trial.

Question 9

Municipal courts are:

Accepted Answer

A) courts of record. 
B) known as superior courts. 
C) known as justice of peace courts in rural areas. 
D) courts that handle civil matters involving a limited amount of money. 
A) courts of record. 
B) known as superior courts. 
C) known as justice of peace courts in rural areas. 
D) courts that handle civil matters involving a limited amount of money.

Question 10

'The function of a judge in the United States differs from that in Europe.Explain.

Accepted Answer

The function of a judge in the United St

Question 11

Jurisdiction is defined as:

Accepted Answer

A) the authority of a court to hear a case and render a binding decision on it. 
B) the unlimited authority of the court. 
C) the process by which cases are decided. 
D) the power an individual appointed within an organization possesses to settle disputes. 
A) the authority of a court to hear a case and render a binding decision on it. 
B) the unlimited authority of the court. 
C) the process by which cases are decided. 
D) the power an individual appointed within an organization possesses to settle disputes.

Question 12

Even if a jury unanimously finds a defendant guilty,the judge can find in the defendant's favor by granting a motion for 'judgment notwithstanding the verdict'.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is true with respect to criminal trial?

Accepted Answer

A) The defendant bears the burden of proof. 
B) The burden of proof need only have "a preponderance of the evidence". 
C) The burden of proof should be "beyond a reasonable doubt". 
D) The burden of proof for a criminal case is the same as that for a civil case. 
A) The defendant bears the burden of proof. 
B) The burden of proof need only have "a preponderance of the evidence". 
C) The burden of proof should be "beyond a reasonable doubt". 
D) The burden of proof for a criminal case is the same as that for a civil case.

Question 14

Small claim courts are courts of record.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

An employee appointed within an organization to settle disputes is called a(n):

Accepted Answer

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

Question 17

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 18

Which of the following statements is true about a minitrial?

Accepted Answer

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

Question 19

Under what conditions can one or more members of a class 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 20

Writ of certiorari (cert.)is given when:

Accepted Answer

A) a person does not want to appeal to the Supreme Court. 
B) there have been conflicting decisions in similar cases by different courts of appeal. 
C) the court has too many cases to be heard and has no time to take up a new case. 
D) the loser of the case does not pay the judgment. 
A) a person does not want to appeal to the Supreme Court. 
B) there have been conflicting decisions in similar cases by different courts of appeal. 
C) the court has too many cases to be heard and has no time to take up a new case. 
D) the loser of the case does not pay the judgment.

Exam 2: Dispute Settlement

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 is called a:

Explain why an appeal can only be taken from a court of record.

All opinions of the Supreme Court can be cited as precedents.

In order to enforce a judgment against an unwilling loser of the judgment,a court can issue:

A prisoner seeks injunctive relief to improve prison conditions.However,while the case is still pending,the prisoner's sentence ends and he is released.On the date of deciding the case,the American Federal Court could:

A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the:

Which of the following statements about the adversary system is true?

Which of the following concerning 'pleadings' is true?

Municipal courts are:

'The function of a judge in the United States differs from that in Europe.Explain.

Jurisdiction is defined as:

Even if a jury unanimously finds a defendant guilty,the judge can find in the defendant's favor by granting a motion for 'judgment notwithstanding the verdict'.

Which of the following is true with respect to criminal trial?

Small claim courts are courts of record.

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

An employee appointed within an organization to settle disputes is called a(n):

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.

Which of the following statements is true about a minitrial?

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

Writ of certiorari (cert.)is given when:

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 Property

The Nature and Origins of Contracts

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Third Parties Contract Rights

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Which Form of Business Organization

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Introduction to Security

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