Question 1

The standard for admitting expert testimony in a trial is:

Accepted Answer

A)  the judge must find the expert is reliable. 
B)  the judge must fine that the expert's testimony is relevant. 
C)  all expert testimony is admitted. 
D)  both a and b 
A)  the judge must find the expert is reliable. 
B)  the judge must fine that the expert's testimony is relevant. 
C)  all expert testimony is admitted. 
D)  both a and b D

Question 2

Venue is the subject matter jurisdiction of a court.

Accepted Answer

A) True 
 B)False  False

Question 3

The is the largest ADR provider in the country for commercial disputes.

Accepted Answer

A)  National Arbitration Forum 
B)  American Arbitration Forum 
C)  American Arbitration Association 
D)  American Arbitration forum 
A)  National Arbitration Forum 
B)  American Arbitration Forum 
C)  American Arbitration Association 
D)  American Arbitration forum C

Question 4

Hearsay:

Accepted Answer

A)  is never admissible in court. 
B)  is unreliable evidence. 
C)  can be used on cross-examination. 
D)  none of the above 
A)  is never admissible in court. 
B)  is unreliable evidence. 
C)  can be used on cross-examination. 
D)  none of the above

Question 5

To be valid, a complaint must have every fact listed in it.

Accepted Answer

A) True 
 B)False

Question 6

Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRG's clients is Renar Corporation. Renar is the defendant in the case for which Jack has been called for the jury panel. The attorney for the plaintiff who is suing Renar:

Accepted Answer

A)  could have Jack struck from the panel for cause. 
B)  cannot have Jack struck just because his company has the defendant as a client. 
C)  has no recourse because the jury is a wild card in litigation. 
D)  none of the above 
A)  could have Jack struck from the panel for cause. 
B)  cannot have Jack struck just because his company has the defendant as a client. 
C)  has no recourse because the jury is a wild card in litigation. 
D)  none of the above

Question 7

A complaint filed in a lawsuit could not contain which of the following?

Accepted Answer

A)  a claim for money damages 
B)  a claim for equitable remedies 
C)  a claim for an injunction 
D)  a counterclaim 
A)  a claim for money damages 
B)  a claim for equitable remedies 
C)  a claim for an injunction 
D)  a counterclaim

Question 8

Amanda Reiss was injured at a wedding reception at a private home. Amanda tripped over a piece of rebar that was sticking from the end of one portion of a sidewalk leading to the front door. Amanda's lawyer believes that the homeowners were aware of the rebar problem and that other guests to the home had tripped over it but not been injured. How can Amanda's lawyer get the information about the homeowner's knowledge?

Accepted Answer

A)  he cannot because they are not required to talk with Amanda's lawyers 
B)  he can depose the homeowners 
C)  he can depose others who have been guests 
D)  both b and c 
A)  he cannot because they are not required to talk with Amanda's lawyers 
B)  he can depose the homeowners 
C)  he can depose others who have been guests 
D)  both b and c

Question 9

Which of the following methods of alternative dispute resolution involves a hearing?

Accepted Answer

A)  arbitration 
B)  mediation 
C)  negotiated settlement 
D)  settlement conference 
E)  All of the above involve hearings. 
A)  arbitration 
B)  mediation 
C)  negotiated settlement 
D)  settlement conference 
E)  All of the above involve hearings.

Question 10

What is a hung jury and what is its effect?

Accepted Answer

A hung jury results

Question 11

Depositions are generally taken in the courtroom.

Accepted Answer

A) True 
 B)False

Question 12

Injunctions are equitable remedies.

Accepted Answer

A) True 
 B)False

Question 13

A motion to dismiss must be filed before an answer is filed.

Accepted Answer

A) True 
 B)False

Question 14

It is quite common for courts to overturn an arbitration award.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is not a form of equitable relief?

Accepted Answer

A)  injunction 
B)  money damages 
C)  specific performance 
D)  rescission of a contract 
E)  All of the above are forms of equitable relief. 
A)  injunction 
B)  money damages 
C)  specific performance 
D)  rescission of a contract 
E)  All of the above are forms of equitable relief.

Question 16

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e­mail was sent when the SEC was investigating Mr. Quattrone's employer, Credit Suisse First Boston. The destruction of the e-mails:

Accepted Answer

A)  could constitute spoilation. 
B)  could constitute obstruction of justice. 
C)  is fine if it is routine. 
D)  both a and b 
A)  could constitute spoilation. 
B)  could constitute obstruction of justice. 
C)  is fine if it is routine. 
D)  both a and b

Question 17

Spoilation is:

Accepted Answer

A)  litigation over contaminated food. 
B)  destruction of evidence needed for litigation. 
C)  following stare decisis and dismissing a case. 
D)  none of the above 
A)  litigation over contaminated food. 
B)  destruction of evidence needed for litigation. 
C)  following stare decisis and dismissing a case. 
D)  none of the above

Question 18

Which of the following accurately describes a summons?

Accepted Answer

A)  initial document filed in a suit 
B)  served on the defendant 
C)  need not be served so long as it is filed 
D)  none of the above 
A)  initial document filed in a suit 
B)  served on the defendant 
C)  need not be served so long as it is filed 
D)  none of the above

Question 19

A summons is served on a defendant and a subpoena is served on a witness.

Accepted Answer

A) True 
 B)False

Question 20

A motion for judgment NOV:

Accepted Answer

A)  is a motion for judgment notwithstanding the verdict. 
B)  can only be made by the plaintiff. 
C)  is made only before the verdict is returned. 
D)  none of the above 
A)  is a motion for judgment notwithstanding the verdict. 
B)  can only be made by the plaintiff. 
C)  is made only before the verdict is returned. 
D)  none of the above

The standard for admitting expert testimony in a trial is:

Venue is the subject matter jurisdiction of a court.

The is the largest ADR provider in the country for commercial disputes.

Hearsay:

To be valid, a complaint must have every fact listed in it.

Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRG's clients is Renar Corporation. Renar is the defendant in the case for which Jack has been called for the jury panel. The attorney for the plaintiff who is suing Renar:

A complaint filed in a lawsuit could not contain which of the following?

Which of the following methods of alternative dispute resolution involves a hearing?

What is a hung jury and what is its effect?

Depositions are generally taken in the courtroom.

Injunctions are equitable remedies.

A motion to dismiss must be filed before an answer is filed.

It is quite common for courts to overturn an arbitration award.

Which of the following is not a form of equitable relief?

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The email was sent when the SEC was investigating Mr. Quattrone's employer, Credit Suisse First Boston. The destruction of the e-mails:

Spoilation is:

Which of the following accurately describes a summons?

A summons is served on a defendant and a subpoena is served on a witness.

A motion for judgment NOV:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters

Exam 4: Managing Disputes: Alternative Dispute Resolution and Litigation Strategies

The standard for admitting expert testimony in a trial is:

Venue is the subject matter jurisdiction of a court.

The is the largest ADR provider in the country for commercial disputes.

Hearsay:

To be valid, a complaint must have every fact listed in it.

Jack Knighton is an employee of PRG Consulting. He has been called for jury duty. One of PRG's clients is Renar Corporation. Renar is the defendant in the case for which Jack has been called for the jury panel. The attorney for the plaintiff who is suing Renar:

A complaint filed in a lawsuit could not contain which of the following?

Which of the following methods of alternative dispute resolution involves a hearing?

What is a hung jury and what is its effect?

Depositions are generally taken in the courtroom.

Injunctions are equitable remedies.

A motion to dismiss must be filed before an answer is filed.

It is quite common for courts to overturn an arbitration award.

Which of the following is not a form of equitable relief?

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The e­mail was sent when the SEC was investigating Mr. Quattrone's employer, Credit Suisse First Boston. The destruction of the e-mails:

Spoilation is:

Which of the following accurately describes a summons?

A summons is served on a defendant and a subpoena is served on a witness.

A motion for judgment NOV:

Introduction to Law

Business Ethics and Social Responsibility

The Judicial System

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Cyberlaw, Social Media, and Privacy

Environmental Regulation and Sustainability

Contracts and Sales: Introduction and Formation

Contracts: Performance, Remedies, and Rights

Sales: Product Advertising and Liability

Products: Business Intellectual Property

Business Competition: Antitrust

Management of Employee Conduct: Agency

Governance and Structure: Forms of Doing Business

Governance and Regulation: Securities Law

Management: Employee Welfare

Management: Employment Discrimination

Filters

Investment banker, Frank Quattrone, sent an e-mail around to his employees reminding them about their e-mails and to "clean up those files." The email was sent when the SEC was investigating Mr. Quattrone's employer, Credit Suisse First Boston. The destruction of the e-mails: