Question 1

Which of the following is NOT one of the four major pretrial pleadings?

Accepted Answer

A)  complaint 
B)  interrogatory 
C)  cross-complaint 
D)  answer 
A)  complaint 
B)  interrogatory 
C)  cross-complaint 
D)  answer

Question 2

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Accepted Answer

A)  Consolidation 
B)  Trial of fact 
C)  Voir dire 
D)  Intervention 
A)  Consolidation 
B)  Trial of fact 
C)  Voir dire 
D)  Intervention

Question 3

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance while Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used.

Accepted Answer

A)  negotiation 
B)  arbitration 
C)  mini-trial 
D)  mediation 
A)  negotiation 
B)  arbitration 
C)  mini-trial 
D)  mediation

Question 4

In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Accepted Answer

A) True 
 B)False

Question 5

When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification?

Accepted Answer

A class action lawsuit is appropriate wh

Question 6

Which of the following statements is true about appeals?

Accepted Answer

A)  Only the plaintiff can appeal the court's decision in a civil case. 
B)  Only the defendant can appeal the court's decision in a criminal case. 
C)  An appeal can be made before the trial court gives its final judgment. 
D)  An appellate court cannot reverse a lower court's decision. 
A)  Only the plaintiff can appeal the court's decision in a civil case. 
B)  Only the defendant can appeal the court's decision in a criminal case. 
C)  An appeal can be made before the trial court gives its final judgment. 
D)  An appellate court cannot reverse a lower court's decision.

Question 7

Which of the following terms refer to the overturn of verdict when jury misconduct is detected?

Accepted Answer

A)  remittitur 
B)  judgment notwithstanding the verdict 
C)  motion for summary judgment 
D)  motion for judgment on the pleadings 
A)  remittitur 
B)  judgment notwithstanding the verdict 
C)  motion for summary judgment 
D)  motion for judgment on the pleadings

Question 8

What is direct examination?

Accepted Answer

A)  inspection and verification of all documents related to a trial by the judge 
B)  inspection and verification of all documents related to a trial by the jurors 
C)  witnesses being questioned by the plaintiff's attorney 
D)  prospective jurors being questioned by the judge or lawyers of each party 
A)  inspection and verification of all documents related to a trial by the judge 
B)  inspection and verification of all documents related to a trial by the jurors 
C)  witnesses being questioned by the plaintiff's attorney 
D)  prospective jurors being questioned by the judge or lawyers of each party

Question 9

In a jury trial, the judge is the trier of fact.

Accepted Answer

A) True 
 B)False

Question 10

Only the defendant can appeal in a criminal case.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is NOT an advantage of e-dispute resolution?

Accepted Answer

A)  Settlement negotiating can be accomplished electronically. 
B)  Arbitration and mediation service charges are reasonable. 
C)  A settlement can be reached relatively quickly. 
D)  The process is more subjective than face-to-face meetings and negotiation. 
A)  Settlement negotiating can be accomplished electronically. 
B)  Arbitration and mediation service charges are reasonable. 
C)  A settlement can be reached relatively quickly. 
D)  The process is more subjective than face-to-face meetings and negotiation.

Question 12

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

Accepted Answer

A)  answer 
B)  rejoinder 
C)  summons 
D)  judicial restraint 
A)  answer 
B)  rejoinder 
C)  summons 
D)  judicial restraint

Question 13

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

Accepted Answer

A) True 
 B)False

Question 14

A class action is a court order directing the defendant to appear in court and answer the complaint.

Accepted Answer

A) True 
 B)False

Question 15

The appealing party in an appeal is called a(n) ________.

Accepted Answer

A)  appellate 
B)  appellee 
C)  respondent 
D)  petitioner 
A)  appellate 
B)  appellee 
C)  respondent 
D)  petitioner

Question 16

What is jury deliberation?

Accepted Answer

A)  jurors re-questioning a particular witness from one of the parties 
B)  jurors considering the evidence and attempting to reach a decision 
C)  jury and the judge disagreeing on the outcome of the case 
D)  jurors being replaced in case of illness or disqualification 
A)  jurors re-questioning a particular witness from one of the parties 
B)  jurors considering the evidence and attempting to reach a decision 
C)  jury and the judge disagreeing on the outcome of the case 
D)  jurors being replaced in case of illness or disqualification

Question 17

Appellate courts will frequently reverse a finding of fact made by a jury.

Accepted Answer

A) True 
 B)False

Question 18

In which of the following cases does a class action occur?

Accepted Answer

A)  There are no factual disputes to be decided by the jury. 
B)  The defendant has multiple grounds for appeal. 
C)  A group of plaintiffs collectively bring a lawsuit against a defendant. 
D)  The plaintiff does not reply to the defender's cross-complaint. 
A)  There are no factual disputes to be decided by the jury. 
B)  The defendant has multiple grounds for appeal. 
C)  A group of plaintiffs collectively bring a lawsuit against a defendant. 
D)  The plaintiff does not reply to the defender's cross-complaint.

Question 19

An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement?

Accepted Answer

A)  hourly rate 
B)  retainer 
C)  flat fee 
D)  contingency fee 
A)  hourly rate 
B)  retainer 
C)  flat fee 
D)  contingency fee

Question 20

In movies and on television, courtroom scenes often include surprises at trial - surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes.

Accepted Answer

Surprises supply drama in television and

Exam 3: Judicial, Alternative, and E-Dispute Resolution

Which of the following is NOT one of the four major pretrial pleadings?

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification?

Which of the following statements is true about appeals?

Which of the following terms refer to the overturn of verdict when jury misconduct is detected?

What is direct examination?

In a jury trial, the judge is the trier of fact.

Only the defendant can appeal in a criminal case.

Which of the following is NOT an advantage of e-dispute resolution?

Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court.

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

A class action is a court order directing the defendant to appear in court and answer the complaint.

The appealing party in an appeal is called a(n) ________.

What is jury deliberation?

Appellate courts will frequently reverse a finding of fact made by a jury.

In which of the following cases does a class action occur?

An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement?

In movies and on television, courtroom scenes often include surprises at trial - surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes.

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