Question 1

Which of the following is true regarding state and federal court jurisdiction?

Accepted Answer

A) State courts begin with exclusive jurisdiction until a federal court intervenes. 
B) In all cases,state courts have concurrent jurisdiction with the federal courts. 
C) Federal courts begin with exclusive jurisdiction until a state court intervenes. 
D) In all cases,state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state. 
E) In some cases,state courts have exclusive jurisdiction; in some cases,state courts have concurrent jurisdiction with the federal courts; and state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. 
A) State courts begin with exclusive jurisdiction until a federal court intervenes. 
B) In all cases,state courts have concurrent jurisdiction with the federal courts. 
C) Federal courts begin with exclusive jurisdiction until a state court intervenes. 
D) In all cases,state courts have exclusive jurisdiction unless the state's supreme court grants jurisdiction to a federal court in the state. 
E) In some cases,state courts have exclusive jurisdiction; in some cases,state courts have concurrent jurisdiction with the federal courts; and state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.

Question 2

The term ADR refers to the resolution of legal disputes through litigation.

Accepted Answer

A) True 
 B)False

Question 3

In Batson v.Kentucky,the United States Supreme Court ruled that gender-based peremptory challenges in civil cases violate the due process clause of the Fourteenth Amendment to the U.S.Constitution.

Accepted Answer

A) True 
 B)False

Question 4

A case is ripe if a judge's decision is capable of affecting the parties at some point in the foreseeable future.

Accepted Answer

A) True 
 B)False

Question 5

Either party may appeal a judge's final judgment.

Accepted Answer

A) True 
 B)False

Question 6

According to the federal rules of civil procedure,litigating parties cannot use the results of early neutral case evaluation to settle their case.

Accepted Answer

A) True 
 B)False

Question 7

How many districts are there in the federal court system?

Accepted Answer

A) 50 
B) 76 
C) 94 
D) 100 
E) 126 
A) 50 
B) 76 
C) 94 
D) 100 
E) 126

Question 8

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car.On what basis is Amber's testimony objectionable?

Accepted Answer

A) Amber's testimony is not objectionable because it recounts the statement of an eyewitness. 
B) Amber's testimony is hearsay. 
C) Amber's testimony is an admission against interest. 
D) Amber's testimony constitutes contempt of court. 
E) Amber's testimony is based on a conflict of interest. 
A) Amber's testimony is not objectionable because it recounts the statement of an eyewitness. 
B) Amber's testimony is hearsay. 
C) Amber's testimony is an admission against interest. 
D) Amber's testimony constitutes contempt of court. 
E) Amber's testimony is based on a conflict of interest.

Question 9

A defendant uses a(n)________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

Accepted Answer

A) interlocutory appeal 
B) stipulation 
C) affirmative defense 
D) admission of fact 
E) limited appearance 
A) interlocutory appeal 
B) stipulation 
C) affirmative defense 
D) admission of fact 
E) limited appearance

Question 10

What type of dispute resolution process is med-arb?

Accepted Answer

A) A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration. 
B) A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR. 
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful. 
D) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful. 
E) A special type of arbitration that addresses medical malpractice claims. 
A) A process in which the parties agree to start out in mediation and,if the mediation is unsuccessful on one or more points,to move on to arbitration. 
B) A process in which the parties agree to start out in arbitration and,if the arbitration is unsuccessful on one or more points,move on to court-annexed ADR. 
C) A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful. 
D) A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful. 
E) A special type of arbitration that addresses medical malpractice claims.

Question 11

The case-or-controversy requirement ensures that courts do not render ________.

Accepted Answer

A) summary judgments 
B) default judgments 
C) advisory opinions 
D) dismissals with prejudice 
E) dismissals without prejudice 
A) summary judgments 
B) default judgments 
C) advisory opinions 
D) dismissals with prejudice 
E) dismissals without prejudice

Question 12

Which of the following is(are)positive about arbitration?

Accepted Answer

A) Arbitrators are assigned so parties do not have to select them. 
B) Arbitration is generally less expensive than litigation. 
C) Arbitrators are not bound by the same rules as judges in recognizing and applying legal precedent. 
D) Arbitrators are assigned so parties do not have to select them,and arbitration is generally less expensive than litigation. 
E) Arbitrators are not assigned so parties do not have to select them,arbitration is generally less expensive than litigation,and arbitrators are bound by the same rules as judges in recognizing and applying legal precedent. 
A) Arbitrators are assigned so parties do not have to select them. 
B) Arbitration is generally less expensive than litigation. 
C) Arbitrators are not bound by the same rules as judges in recognizing and applying legal precedent. 
D) Arbitrators are assigned so parties do not have to select them,and arbitration is generally less expensive than litigation. 
E) Arbitrators are not assigned so parties do not have to select them,arbitration is generally less expensive than litigation,and arbitrators are bound by the same rules as judges in recognizing and applying legal precedent.

Question 13

Quasi in rem jurisdiction is also known as attachment jurisdiction.

Accepted Answer

A) True 
 B)False

Question 14

The plaintiff in a lawsuit must provide the defendant with a copy of the complaint and summons.This is referred to as ________.

Accepted Answer

A) summons issuance 
B) service of process 
C) service delivery 
D) subpoena delivery 
E) in personam service 
A) summons issuance 
B) service of process 
C) service delivery 
D) subpoena delivery 
E) in personam service

Question 15

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of ________.This right entitles the defendant to transfer the case to federal court.

Accepted Answer

A) replevin 
B) absolution 
C) remand 
D) summary judgment 
E) removal 
A) replevin 
B) absolution 
C) remand 
D) summary judgment 
E) removal

Question 16

Billy,a witness to a motor vehicle accident,is gravely ill with cancer.Pat,who was injured in the accident,would like to preserve Billy's testimony for trial in case he dies before the trial date.What should Pat do?

Accepted Answer

A) Send interrogatories to Billy. 
B) Take Billy's deposition. 
C) Send a request to admit to Billy that the accident was the defendant's fault. 
D) Have a pretrial conference with the judge and Billy. 
E) There is nothing Pat can do to preserve Billy's testimony for trial. 
A) Send interrogatories to Billy. 
B) Take Billy's deposition. 
C) Send a request to admit to Billy that the accident was the defendant's fault. 
D) Have a pretrial conference with the judge and Billy. 
E) There is nothing Pat can do to preserve Billy's testimony for trial.

Question 17

The federal court system derives its authority from:

Accepted Answer

A) The Bill of Rights. 
B) Article III of the United States Constitution. 
C) The U.S.Supreme Court. 
D) Executive order. 
E) The U.S.Congress. 
A) The Bill of Rights. 
B) Article III of the United States Constitution. 
C) The U.S.Supreme Court. 
D) Executive order. 
E) The U.S.Congress.

Question 18

Jim,a Connecticut resident,ran a red light while he was vacationing in California and collided with Amanda's car.Amanda suffered extensive injuries from the accident and successfully sued Jim for $200,000 in a California state court.The California court exercised quasi in rem jurisdiction over Jim's California vacation home by seizing it and selling it for $300,000.What must the court do with the excess proceeds?

Accepted Answer

A) The court must award the excess proceeds to Amanda. 
B) The court must return the excess proceeds to Jim. 
C) The court must assign the excess proceeds to the general operating fund of the state of California. 
D) The court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California civil court system. 
E) Per recent amendment to the California state penal code,the court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California prison system. 
A) The court must award the excess proceeds to Amanda. 
B) The court must return the excess proceeds to Jim. 
C) The court must assign the excess proceeds to the general operating fund of the state of California. 
D) The court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California civil court system. 
E) Per recent amendment to the California state penal code,the court must transfer the excess proceeds to the current operating budget (i.e.,the current fiscal year's budget)for the California prison system.

Question 19

Sexual Harassment ADR.Jenny is very angry with her supervisor,Sleaze,at the Mexican fast-food restaurant at which she works which is owned by an international company located in Mexico.He has been making inappropriate sexual comments to her and other employees.Jenny decides to sue and retains a lawyer,Brice.Brice talks with the owners of the restaurant and is informed that Jenny signed an agreement to arbitrate any claims.Brice tells Jenny that it is completely up to her and that if she wishes,she can disregard the arbitration agreement and proceed to court.Jenny informed Brice about other employees who had complained about sexual harassment and entered into mediation agreements.Brice promises her that he will get copies of all documents and everything that was taken down by the court reporter at those mediations.He also tells Jenny in response to her question about the possibility of mediation in her case to forget it because mediation is pretty much the same thing as arbitration.What is the effect of the arbitration agreement on Jenny's ability to file an action in court?

Accepted Answer

A) The arbitration agreement would not affect Jenny's ability to file a court action in a sexual harassment case although it would bar her right to file a court action in other types of cases. 
B) The arbitration agreement would completely bar Jenny's ability to file a court action. 
C) By law the arbitration agreement may only delay for 60 days Jenny's ability to file a court action. 
D) By law the arbitration agreement may only delay for 6 months Jenny's ability to file a court action. 
E) More information is needed regarding the provisions of the arbitration agreement before it can be determined if it would bar an action in court. 
A) The arbitration agreement would not affect Jenny's ability to file a court action in a sexual harassment case although it would bar her right to file a court action in other types of cases. 
B) The arbitration agreement would completely bar Jenny's ability to file a court action. 
C) By law the arbitration agreement may only delay for 60 days Jenny's ability to file a court action. 
D) By law the arbitration agreement may only delay for 6 months Jenny's ability to file a court action. 
E) More information is needed regarding the provisions of the arbitration agreement before it can be determined if it would bar an action in court.

Question 20

Which of the following is accurate regarding the speed and cost of alternative dispute resolution (ADR)?

Accepted Answer

A) It is usually faster and cheaper than litigation. 
B) It is usually faster,but more expensive,than litigation. 
C) It is usually slower and more expensive than litigation. 
D) It is usually slower,but less expensive,than litigation. 
E) No formal studies have been conducted regarding the speed and cost of ADR,so the answer is unknown. 
A) It is usually faster and cheaper than litigation. 
B) It is usually faster,but more expensive,than litigation. 
C) It is usually slower and more expensive than litigation. 
D) It is usually slower,but less expensive,than litigation. 
E) No formal studies have been conducted regarding the speed and cost of ADR,so the answer is unknown.

Exam 3: The Uslegal System and Alternative Dispute Resolution

Which of the following is true regarding state and federal court jurisdiction?

The term ADR refers to the resolution of legal disputes through litigation.

In Batson v.Kentucky,the United States Supreme Court ruled that gender-based peremptory challenges in civil cases violate the due process clause of the Fourteenth Amendment to the U.S.Constitution.

A case is ripe if a judge's decision is capable of affecting the parties at some point in the foreseeable future.

Either party may appeal a judge's final judgment.

According to the federal rules of civil procedure,litigating parties cannot use the results of early neutral case evaluation to settle their case.

How many districts are there in the federal court system?

Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car.On what basis is Amber's testimony objectionable?

A defendant uses a(n)________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.

What type of dispute resolution process is med-arb?

The case-or-controversy requirement ensures that courts do not render ________.

Which of the following is(are)positive about arbitration?

Quasi in rem jurisdiction is also known as attachment jurisdiction.

The plaintiff in a lawsuit must provide the defendant with a copy of the complaint and summons.This is referred to as ________.

When a plaintiff files a case involving concurrent jurisdiction in state court,the defendant has a right of ________.This right entitles the defendant to transfer the case to federal court.

Billy,a witness to a motor vehicle accident,is gravely ill with cancer.Pat,who was injured in the accident,would like to preserve Billy's testimony for trial in case he dies before the trial date.What should Pat do?

The federal court system derives its authority from:

Which of the following is accurate regarding the speed and cost of alternative dispute resolution (ADR)?

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