Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements hold true during the presentation of testimony?

Accepted Answer

A) Under direct examination,each witness is sworn and then examined by the defendant's attorney. 
B) The defendant's attorney may cross-examine each witness,trying to raise doubts as to the person's credibility or trustworthiness. 
C) The defendant's attorney may then conduct a redirect examination to clarify the plaintiff's view of the facts. 
D) During a witness's testimony,the opposing attorney may not object to the presentation of certain evidence. 
A) Under direct examination,each witness is sworn and then examined by the defendant's attorney. 
B) The defendant's attorney may cross-examine each witness,trying to raise doubts as to the person's credibility or trustworthiness. 
C) The defendant's attorney may then conduct a redirect examination to clarify the plaintiff's view of the facts. 
D) During a witness's testimony,the opposing attorney may not object to the presentation of certain evidence.

Question 3

The employees of a company have been on strike for 30 days which has led to huge losses for the business.The employees complain about the increased accidents in the company and lack of safety measures undertaken by the management.The management in turn blames the employees for negligence.Owing to loss of business and wages,both parties want to settle the dispute but have been unable to negotiate successfully; the main problem being feelings of resentment and distrust.Both parties want to settle out of court but do not want the third party to whom the dispute is submitted to decide the outcome.Which method of dispute settlement is best suited to them? Why?
Would the method change if the parties were ready to accept awards by third parties but were not particular about the reasons of awards?

Accepted Answer

The method of dispute settlement that is

Question 4

Generally,the role of appellate courts is to:

Accepted Answer

A) review the proceeding in the trial court and correct legal errors made by the trial judge. 
B) accept the findings of the trial court with minor changes even if it goes against all the evidence. 
C) hear witnesses once again and establish new facts. 
D) review all proceedings in the trial court and penalize the trial court judges for wrong decisions. 
A) review the proceeding in the trial court and correct legal errors made by the trial judge. 
B) accept the findings of the trial court with minor changes even if it goes against all the evidence. 
C) hear witnesses once again and establish new facts. 
D) review all proceedings in the trial court and penalize the trial court judges for wrong decisions.

Question 5

A rule of law enabling the defendant to win even if all of plaintiff's allegations are true is a(n):

Accepted Answer

A) counterclaim. 
B) affirmative defense. 
C) deposition. 
D) judgment notwithstanding the verdict. 
A) counterclaim. 
B) affirmative defense. 
C) deposition. 
D) judgment notwithstanding the verdict.

Question 6

Under the Uniform Arbitration Act,a court:

Accepted Answer

A) cannot hold that the dispute was not arbitrable under the agreement of the parties. 
B) will not review the wisdom or decision of the arbitrator. 
C) can only make the arbitration award enforceable. 
D) can publish its arbitration awards. 
A) cannot hold that the dispute was not arbitrable under the agreement of the parties. 
B) will not review the wisdom or decision of the arbitrator. 
C) can only make the arbitration award enforceable. 
D) can publish its arbitration awards.

Question 7

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 8

A new trial is required in case where a case is remanded by an appellate court.

Accepted Answer

A) True 
 B)False

Question 9

It is seen that Court X hears cases that have been referred to it by trial courts.However,it does not hear any witnesses nor does it review new facts about the case.Court X is a/an:

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.

Question 10

When the issue in a case no longer exists or has become pointless,that issue is considered moot.

Accepted Answer

A) True 
 B)False

Question 11

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 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 to negotiate a settlement.

Question 12

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee nor has he ever visited 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 13

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. 
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. 
D) the defendant must show that the errors made were not material.

Question 14

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Accepted Answer

A) counterclaim. 
B) affirmative defense. 
C) cross-claim. 
D) dissenting opinion. 
A) counterclaim. 
B) affirmative defense. 
C) cross-claim. 
D) dissenting opinion.

Question 15

Minitrial is also known as a summary jury trial.

Accepted Answer

A) True 
 B)False

Question 16

Mediators make decisions based on the merits of a dispute.

Accepted Answer

A) True 
 B)False

Question 17

A motion to dismiss made by the defendant is granted when:

Accepted Answer

A) the defendant is scared of losing the case. 
B) it is clear that the plaintiff does not have a case and it would be wasteful to continue. 
C) either party feels that the judge is not impartial. 
D) people or groups other than the parties involved are interested in the outcome of a certain appeal. 
A) the defendant is scared of losing the case. 
B) it is clear that the plaintiff does not have a case and it would be wasteful to continue. 
C) either party feels that the judge is not impartial. 
D) people or groups other than the parties involved are interested in the outcome of a certain appeal.

Question 18

District courts:

Accepted Answer

A) only review the legal conclusions reached by lower federal courts. 
B) are the intermediate courts of the federal court system. 
C) have both fact-finding (by the judge or jury)and law-finding (by the judge)functions. 
D) are specialized courts in the federal court system. 
A) only review the legal conclusions reached by lower federal courts. 
B) are the intermediate courts of the federal court system. 
C) have both fact-finding (by the judge or jury)and law-finding (by the judge)functions. 
D) are specialized courts in the federal court system.

Question 19

Mr.Smith filed a case in a municipal court against Bob for a minor criminal violation.Dissatisfied with the decision of the court,Mr.Smith can now appeal the case in a court of record.

Accepted Answer

A) True 
 B)False

Question 20

The term "amicus curiae" means:

Accepted Answer

A) "friendly cure" or the amicable resolution to a mediated dispute. 
B) "friend of the court" or a third party allowed to file briefs. 
C) "small courier" or the briefs,originally foot messengers,which are used to communicate between lawyers and the courts. 
D) the name for the conductor of an arbitration,a position originally filled by medieval clergy. 
A) "friendly cure" or the amicable resolution to a mediated dispute. 
B) "friend of the court" or a third party allowed to file briefs. 
C) "small courier" or the briefs,originally foot messengers,which are used to communicate between lawyers and the courts. 
D) the name for the conductor of an arbitration,a position originally filled by medieval clergy.

Exam 2: Dispute Settlement

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

Which of the following statements hold true during the presentation of testimony?

Generally,the role of appellate courts is to:

A rule of law enabling the defendant to win even if all of plaintiff's allegations are true is a(n):

Under the Uniform Arbitration Act,a court:

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

A new trial is required in case where a case is remanded by an appellate court.

It is seen that Court X hears cases that have been referred to it by trial courts.However,it does not hear any witnesses nor does it review new facts about the case.Court X is a/an:

When the issue in a case no longer exists or has become pointless,that issue is considered moot.

In the "private judging" method of dispute resolution:

Sally files a lawsuit against Jim in a Tennessee court.Jim does not live in Tennessee nor has he ever visited the state.The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

In order to appeal a decision:

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Minitrial is also known as a summary jury trial.

Mediators make decisions based on the merits of a dispute.

A motion to dismiss made by the defendant is granted when:

District courts:

Mr.Smith filed a case in a municipal court against Bob for a minor criminal violation.Dissatisfied with the decision of the court,Mr.Smith can now appeal the case in a court of record.

The term "amicus curiae" means:

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

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 Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

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 Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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