Question 1

Which of the following is true regarding state intermediate courts of appeal in state court systems?

Accepted Answer

A) States only have an intermediate court of appeals if there is no state Supreme Court. 
B) In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals. 
C) In states that do not have an intermediate court of appeal,there is no right of appeal to any court. 
D) All states in the United States have intermediate courts of appeal. 
E) Not all states in the United States have intermediate courts of appeal; and in those states,appeals go to the state court of last resort. 
A) States only have an intermediate court of appeals if there is no state Supreme Court. 
B) In states that do not have an intermediate court of appeal,appeals go to the federal court of appeals. 
C) In states that do not have an intermediate court of appeal,there is no right of appeal to any court. 
D) All states in the United States have intermediate courts of appeal. 
E) Not all states in the United States have intermediate courts of appeal; and in those states,appeals go to the state court of last resort.

Question 2

Which of the following is an extension of negotiation?

Accepted Answer

A) Arbitration 
B) Initials 
C) Neutral case evaluations 
D) Mediation 
E) Private trials 
A) Arbitration 
B) Initials 
C) Neutral case evaluations 
D) Mediation 
E) Private trials

Question 3

Puppy Woes.Sam promised to sell Linda a Welsh Corgi puppy for $300 but backed out of the deal.Linda sued Sam in state court for breach of contract.Linda asked for a jury in her complaint.During jury selection,one juror,Ann,said that she did not think they could be fair to Linda because Linda did not appear to be a dog lover.Linda asked that Ann not hear the case,and the judge excused Ann.Linda also decided that another juror,Sandy,looked at her in a grumpy manner so she asked the judge to excuse that juror from serving.The judge did so.After the jury was chosen,Linda made a statement to the jury,as did Sam.Linda then called to the witness stand a friend of hers,Brenda,who heard the discussion held between Linda and Sam regarding the purchase of the puppy.Brenda testified under questioning by Linda that she heard Linda say that she would pay $300 for the puppy and that she also heard Sam say that he would sell the dog for that amount.Unfortunately for Linda,Brenda also testified in response to questioning by Sam that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days.Linda did not show up with the money for ten days and Sam had already sold the dog to someone else.The judge ruled in favor of Sam.The challenge to the juror who seemed grumpy is referred to as a(n):

Accepted Answer

A) Peremptory challenge. 
B) Challenge for cause. 
C) Stipulated challenge. 
D) Fairness challenge. 
E) Approved challenge. 
A) Peremptory challenge. 
B) Challenge for cause. 
C) Stipulated challenge. 
D) Fairness challenge. 
E) Approved challenge.

Question 4

A person who has the legal right to bring an action in court has what is known as a conditional privilege.

Accepted Answer

A) True 
 B)False

Question 5

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance,claiming that the neighbor plays music too late at night.Candy puts Ann on the stand and asks her questions.Candy is involved in which of the following?

Accepted Answer

A) Direct examination 
B) Cross-examination 
C) Judicial examination 
D) Specific questioning 
E) Redirect questioning 
A) Direct examination 
B) Cross-examination 
C) Judicial examination 
D) Specific questioning 
E) Redirect questioning

Question 6

The defendant responds to a complaint with a document formally known as a reply.

Accepted Answer

A) True 
 B)False

Question 7

Once a case is in the proper court system,application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

Accepted Answer

A) True 
 B)False

Question 8

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.

Accepted Answer

A) True 
 B)False

Question 9

Over which of the following does the federal court system have exclusive jurisdiction?

Accepted Answer

A) Admiralty cases and bankruptcy cases,but not federal criminal prosecutions. 
B) Admiralty cases and federal criminal cases,but not bankruptcy cases. 
C) Federal criminal prosecutions and bankruptcy cases,but not admiralty cases. 
D) Diversity cases only. 
E) Admiralty cases,bankruptcy cases,and federal criminal prosecutions. 
A) Admiralty cases and bankruptcy cases,but not federal criminal prosecutions. 
B) Admiralty cases and federal criminal cases,but not bankruptcy cases. 
C) Federal criminal prosecutions and bankruptcy cases,but not admiralty cases. 
D) Diversity cases only. 
E) Admiralty cases,bankruptcy cases,and federal criminal prosecutions.

Question 10

If mediation is not successful the parties must resort to litigation,and anything said during mediation can be used as evidence at trial.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is a question of fact?

Accepted Answer

A) Whether a vehicle ran a traffic light 
B) Whether structured sentencing guidelines apply to the punishment phase of a criminal trial 
C) Whether political speech is protected by the First Amendment 
D) What is necessary for service of process 
E) Whether a vehicle ran a traffic light and what is necessary for service of process 
A) Whether a vehicle ran a traffic light 
B) Whether structured sentencing guidelines apply to the punishment phase of a criminal trial 
C) Whether political speech is protected by the First Amendment 
D) What is necessary for service of process 
E) Whether a vehicle ran a traffic light and what is necessary for service of process

Question 12

Revenge.Jane,a first-year law student,while walking to school in inclement weather,accidentally slipped on ice knocking down Greg,another first-year law student,breaking his glasses.He was very angry with Jane and let the air out of one of her car tires.Greg also decided to sue Jane for negligence,claiming as damages $300 for his broken glasses.He decided that he already knew all about the law and did not need a lawyer.Greg sued Jane in state court.Jane,in the same lawsuit,brought an action against Greg for letting the air out of her tire.At trial in state court,Jane told the judge that a friend,Susie,told her that she saw Greg let the air out of Jane's tire.The judge disallowed Jane's testimony on that issue.Susie,however,who was in the courtroom also came and testified to that effect.The state court judge ruled in favor of Jane.Greg said that he was not giving up and that he would seek double damages on appeal in federal court.Jane and Greg live in different states when not attending school.After trial,Jane reported Greg's actions in letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg.Greg goes to see Alex,a recent graduate who had just passed the bar,and asked Alex to represent him in a federal court appeal.What advice should Alex give to Greg regarding an appeal filed in federal court?

Accepted Answer

A) He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg for an hourly rate of $400. 
B) He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she was negligent. 
C) He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person. 
D) He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to certify the case to federal court. 
E) He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be transferred to federal court. 
A) He should tell Greg that a federal appeal looks promising and that he will be glad to represent Greg for an hourly rate of $400. 
B) He should tell Greg that the federal appeal looks good only if Greg can get Jane to admit she was negligent. 
C) He should tell Greg that the federal appeal looks good only if Susie does not come to testify in person. 
D) He should tell Greg that the federal appeal is not possible unless Greg first gets the trial court judge to certify the case to federal court. 
E) He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be transferred to federal court.

Question 13

In order to ensure that a case or controversy exists,the plaintiff must show:

Accepted Answer

A) An adverse relationship between the parties. 
B) An actual legal dispute. 
C) It is a proper matter for judicial determination. 
D) An adverse relationship between the parties and an actual legal dispute. 
E) An adverse relationship between the parties,an actual legal dispute,and it is a proper matter for judicial determination. 
A) An adverse relationship between the parties. 
B) An actual legal dispute. 
C) It is a proper matter for judicial determination. 
D) An adverse relationship between the parties and an actual legal dispute. 
E) An adverse relationship between the parties,an actual legal dispute,and it is a proper matter for judicial determination.

Question 14

Cindy and Chloe have a dispute regarding ownership of a dog,Rascal.Cindy removed Rascal's tags in order to give him a bath.Knowing what was coming,Rascal made a run for it and ended up at Chloe's home down the street.When Cindy saw Chloe walking Rascal,she demanded his return.Chloe refused.A lawyer in the neighborhood suggested either an early neutral case evaluation or mediation in an attempt to resolve the feud.Describe mediation and early neutral case evaluation.Which would you recommend and why?

Accepted Answer

Mediation occurs when the parties hire a

Question 15

The federal court system derives its power from the deferential consent of the executive branch of the United States government.

Accepted Answer

A) True 
 B)False

Question 16

Alice,a resident of Michigan,claims that Pet Food Company Inc.put out some dog food that made her dog,Champ,sick.Champ is a prize-winning poodle.He survived the pet food fiasco but only after traveling to a veterinarian in Florida specializing in poodles and having two very expensive surgeries.Additionally,his ability to sire has been impaired,and Alice will have no more breeding fees from Champ.Her damages are $80,000.Pet Food Company Inc.is incorporated in Delaware,with its principal place of business in Michigan.Alice asks you whether she can sue in federal court.What would you tell her and why?

Accepted Answer

Alice cannot sue in federal co

Question 17

How is arbitration,a form of alternative dispute resolution,similar to and different from a court trial?

Accepted Answer

Arbitration,a primary form of alternativ

Question 18

A(n)________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Accepted Answer

A) default judgment 
B) judgment on the pleadings 
C) dismissal without prejudice 
D) interlocutory appeal 
E) judgment notwithstanding the verdict 
A) default judgment 
B) judgment on the pleadings 
C) dismissal without prejudice 
D) interlocutory appeal 
E) judgment notwithstanding the verdict

Question 19

Once a case is in the proper court system,________ determines which trial court in the system will hear the case.

Accepted Answer

A) original jurisdiction 
B) special jurisdiction 
C) in rem jurisdiction 
D) quasi in rem jurisdiction 
E) venue 
A) original jurisdiction 
B) special jurisdiction 
C) in rem jurisdiction 
D) quasi in rem jurisdiction 
E) venue

Question 20

The parties to a lawsuit can submit their cases to arbitration:

Accepted Answer

A) Voluntarily. 
B) To appeal a Supreme Court ruling. 
C) Through a binding agreement between the parties. 
D) After the execution of properly drafted settlement agreement. 
E) Voluntarily or through a binding agreement between the parties. 
A) Voluntarily. 
B) To appeal a Supreme Court ruling. 
C) Through a binding agreement between the parties. 
D) After the execution of properly drafted settlement agreement. 
E) Voluntarily or through a binding agreement between the parties.

Exam 3: The Uslegal System and Alternative Dispute Resolution

Which of the following is true regarding state intermediate courts of appeal in state court systems?

Which of the following is an extension of negotiation?

A person who has the legal right to bring an action in court has what is known as a conditional privilege.

Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance,claiming that the neighbor plays music too late at night.Candy puts Ann on the stand and asks her questions.Candy is involved in which of the following?

The defendant responds to a complaint with a document formally known as a reply.

Once a case is in the proper court system,application of the res ipsa loquitur doctrine determines which trial court in the system will hear the case.

The case-or-controversy (or justifiable controversy)requirement ensures that courts do not render advisory opinions.

Over which of the following does the federal court system have exclusive jurisdiction?

If mediation is not successful the parties must resort to litigation,and anything said during mediation can be used as evidence at trial.

Which of the following is a question of fact?

In order to ensure that a case or controversy exists,the plaintiff must show:

The federal court system derives its power from the deferential consent of the executive branch of the United States government.

How is arbitration,a form of alternative dispute resolution,similar to and different from a court trial?

A(n)________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

Once a case is in the proper court system,________ determines which trial court in the system will hear the case.

The parties to a lawsuit can submit their cases to arbitration:

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

Administrative Law

Constitutional Law

Criminal Law and Business

Tort Law

Real, Personal, and Intellectual Property

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

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