Question 1

There is one set of procedural rules for federal courts and one set for state courts.

Accepted Answer

A) True 
 B)False

Question 2

Any judgment is enforceable.

Accepted Answer

A) True 
 B)False

Question 3

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Accepted Answer

A) True 
 B)False

Question 4

Federal courts are superior to state courts.

Accepted Answer

A) True 
 B)False

Question 5

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

Accepted Answer

A)  a U.S. district court. 
B)  the Minnesota Supreme Court. 
C)  the United States Supreme Court. 
D)  the U.S. Court of Appeals for the Eighth Circuit. 
A)  a U.S. district court. 
B)  the Minnesota Supreme Court. 
C)  the United States Supreme Court. 
D)  the U.S. Court of Appeals for the Eighth Circuit.

Question 6

There are twelve justices on the United States Supreme Court and they all receive life-time appointments.

Accepted Answer

A) True 
 B)False

Question 7

Arbitration is always legally binding.

Accepted Answer

A) True 
 B)False

Question 8

A summary judgment is granted only if there is no genuine question of law.

Accepted Answer

A) True 
 B)False

Question 9

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

Accepted Answer

A)  federal courts of appeals. 
B)  federal district courts. 
C)  state trial courts. 
D)  the United States Supreme Court. 
A)  federal courts of appeals. 
B)  federal district courts. 
C)  state trial courts. 
D)  the United States Supreme Court.

Question 10

Lawyers are not allowed to represent people in small claims courts in any of the states.

Accepted Answer

A) True 
 B)False

Question 11

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

Accepted Answer

A)  a contrary charge. 
B)  a counterclaim. 
C)  a counterpoint. 
D)  a cross complaint. 
A)  a contrary charge. 
B)  a counterclaim. 
C)  a counterpoint. 
D)  a cross complaint.

Question 12

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are

Accepted Answer

A)  a motion to dismiss. 
B)  a summons. 
C)  a writ of certiorari. 
D)  the pleadings. 
A)  a motion to dismiss. 
B)  a summons. 
C)  a writ of certiorari. 
D)  the pleadings.

Question 13

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

Accepted Answer

A)  a small claims court. 
B)  a domestic relations court. 
C)  a municipal court. 
D)  a probate court. 
A)  a small claims court. 
B)  a domestic relations court. 
C)  a municipal court. 
D)  a probate court.

Question 14

Fact Pattern 3-1 (Questions 31-33 apply)
Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract.
-Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

Accepted Answer

A)  arbitration. 
B)  conciliation. 
C)  intervention. 
D)  mediation. 
A)  arbitration. 
B)  conciliation. 
C)  intervention. 
D)  mediation.

Question 15

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

Accepted Answer

A) True 
 B)False

Question 16

Martha brings a suit against SafeCars, Inc. claiming that she was injured during a car crash due to defects in the car she had purchased from SafeCars. There is no evidence that Martha was injured in the accident, but the trial court awards her $1 million in damages. SafeCars appeals the decision. The appellate court will most likely

Accepted Answer

A)  not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. 
B)  modify the trial court's finding of fact because the finding was clearly erroneous. 
C)  modify the trial court's finding of fact because the award amount was more than $25,000. 
D)  modify the trial court's finding of fact because the award amount was less than $5 million. 
A)  not modify the trial court's finding of fact because appellate courts are forbidden to look at questions of fact. 
B)  modify the trial court's finding of fact because the finding was clearly erroneous. 
C)  modify the trial court's finding of fact because the award amount was more than $25,000. 
D)  modify the trial court's finding of fact because the award amount was less than $5 million.

Question 17

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

Accepted Answer

A)  an assessment of the validity of the arguments for both parties. 
B)  a determination of the issues to be argued before the court. 
C)  the trial. 
D)  the selection of jurors. 
A)  an assessment of the validity of the arguments for both parties. 
B)  a determination of the issues to be argued before the court. 
C)  the trial. 
D)  the selection of jurors.

Question 18

Carol files a suit against Andy in a state trial court and loses. Carol

Accepted Answer

A)  cannot take her case any higher in the court system. 
B)  can insist that the United States Supreme Court hear her case. 
C)  can plead her case before an appellate court. 
D)  can plead her case before a small claims court. 
A)  cannot take her case any higher in the court system. 
B)  can insist that the United States Supreme Court hear her case. 
C)  can plead her case before an appellate court. 
D)  can plead her case before a small claims court.

Question 19

Small claims courts hear both civil and criminal cases.

Accepted Answer

A) True 
 B)False

Question 20

Negotiation is the most complex form of alternative dispute resolution.

Accepted Answer

A) True 
 B)False

Exam 3: Courts and Alternative Dispute Resolution

There is one set of procedural rules for federal courts and one set for state courts.

Any judgment is enforceable.

A deposition is a sworn testimony by a party to a lawsuit or any witness.

Federal courts are superior to state courts.

Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state court of appeals and loses again. Kit would appeal next to

There are twelve justices on the United States Supreme Court and they all receive life-time appointments.

Arbitration is always legally binding.

A summary judgment is granted only if there is no genuine question of law.

Drummond wants to make a federal case out of his dispute with Elena. Federal cases originate in

Lawyers are not allowed to represent people in small claims courts in any of the states.

Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are

Elinor sells Cathy a horse for $2,000. When Elinor goes to the bank to deposit Cathy's check, the check bounces. Elinor is furious and files suit against Cathy. Elinor probably filed her suit in

Fact Pattern 3-1 (Questions 31-33 apply) Bean Vendors, Inc., and Java Bistros Corporation dispute a term in their contract. -Refer to Fact Pattern 3-1. If Bean and Java resolve their dispute by having a neutral third party render a binding decision, they will have used the method of

A state long arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is

Carol files a suit against Andy in a state trial court and loses. Carol

Small claims courts hear both civil and criminal cases.

Negotiation is the most complex form of alternative dispute resolution.

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