Question 1

A new trial is required for cases remanded by an appellate court.

Accepted Answer

A) True 
 B)False

Question 2

In the context of filing a lawsuit, a complaint:

Accepted Answer

A)  must contain sufficient facts to show that the plaintiff is entitled to some legal relief. 
B)  is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. 
C)  was created to help deal with the increasing congestion of cases in most civil courts. 
D)  is a procedural device that is designed to narrow down issues to be proved at trial. 
A)  must contain sufficient facts to show that the plaintiff is entitled to some legal relief. 
B)  is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. 
C)  was created to help deal with the increasing congestion of cases in most civil courts. 
D)  is a procedural device that is designed to narrow down issues to be proved at trial.

Question 3

Writ of certiorari (cert.) may be granted when:

Accepted Answer

A)  a person does not want to appeal to the Supreme Court. 
B)  there have been conflicting decisions in similar cases by different courts of appeal. 
C)  the Supreme Court has too many cases to be heard and has no time to take up a new case. 
D)  a case has the validity of a federal statute in agreement. 
A)  a person does not want to appeal to the Supreme Court. 
B)  there have been conflicting decisions in similar cases by different courts of appeal. 
C)  the Supreme Court has too many cases to be heard and has no time to take up a new case. 
D)  a case has the validity of a federal statute in agreement.

Question 4

Generally, the role of appellate courts is to:

Accepted Answer

A)  hear witnesses once again. 
B)  establish new facts for all cases. 
C)  accept the findings of the trial court with minor changes even if it goes against all the evidence. 
D)  review the proceedings in the trial court and correct legal errors made by the trial judge. 
A)  hear witnesses once again. 
B)  establish new facts for all cases. 
C)  accept the findings of the trial court with minor changes even if it goes against all the evidence. 
D)  review the proceedings in the trial court and correct legal errors made by the trial judge.

Question 5

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) _____.

Accepted Answer

A)  counterclaim 
B)  affirmative defense 
C)  cross-claim 
D)  dissenting opinion 
A)  counterclaim 
B)  affirmative defense 
C)  cross-claim 
D)  dissenting opinion

Question 6

Which of the following statements is true of the presentation of testimony?

Accepted Answer

A)  Under direct examination, each witness is sworn and then examined by the defendant's attorney. 
B)  A defendant's attorney may cross-examine each of the plaintiff's witnesses, trying to raise doubts as to the person's credibility or trustworthiness. 
C)  A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts. 
D)  During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence. 
A)  Under direct examination, each witness is sworn and then examined by the defendant's attorney. 
B)  A defendant's attorney may cross-examine each of the plaintiff's witnesses, trying to raise doubts as to the person's credibility or trustworthiness. 
C)  A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts. 
D)  During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence.

Question 7

A motion to dismiss made by a defendant is granted when:

Accepted Answer

A)  the defendant is scared of losing the case. 
B)  it is clear that the plaintiff does not have a case, and it would be wasteful to continue. 
C)  either party feels that the judge is not impartial. 
D)  people or groups other than the parties involved are interested in the outcome of a certain appeal. 
A)  the defendant is scared of losing the case. 
B)  it is clear that the plaintiff does not have a case, and it would be wasteful to continue. 
C)  either party feels that the judge is not impartial. 
D)  people or groups other than the parties involved are interested in the outcome of a certain appeal.

Question 8

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n) _____.

Accepted Answer

A)  counterclaim 
B)  affirmative defense 
C)  deposition 
D)  judgment notwithstanding the verdict 
A)  counterclaim 
B)  affirmative defense 
C)  deposition 
D)  judgment notwithstanding the verdict

Question 9

Explain the differences between trial courts and inferior courts.

Accepted Answer

Trial courts differ from inferior courts

Question 10

In order to appeal a decision, _____.

Accepted Answer

A)  a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. 
B)  a party need not have objected to a judge's action at the time the alleged error was made. 
C)  a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court. 
D)  the defendant must show that the errors made were not material. 
A)  a party must claim that the court made an error of law or that the evidence in the trial did not support the trial court's decision. 
B)  a party need not have objected to a judge's action at the time the alleged error was made. 
C)  a party must prepare for a new fact-finding process and must be dissatisfied with the judgment of the court. 
D)  the defendant must show that the errors made were not material.

Question 11

A certain court receives an appeal by parties dissatisfied with the decision of a trial court. However, neither does it hear any witnesses nor does it review new facts about the case. The court discussed in the example is a(n) _____.

Accepted Answer

A)  municipal court 
B)  inferior court 
C)  appellate court 
D)  justice of peace court 
A)  municipal court 
B)  inferior court 
C)  appellate court 
D)  justice of peace court

Question 12

An individual appointed within an organization to settle disputes is called a(n) _____.

Accepted Answer

A)  private judge 
B)  arbitrator 
C)  mediator 
D)  ombudsperson 
A)  private judge 
B)  arbitrator 
C)  mediator 
D)  ombudsperson

Question 13

Only a few states have adopted the Uniform Arbitration Act.

Accepted Answer

A) True 
 B)False

Question 14

In a civil case, the plaintiff need not have the preponderance of the evidence on his or her side.

Accepted Answer

A) True 
 B)False

Question 15

What are the advantages and disadvantages of the adversary system?

Accepted Answer

Advocates of the adversary system believ

Question 16

The employees of Claudio Inc. were on strike for 30 days and that led to huge losses for the business. Owing to loss of business and wages, both parties wanted to settle the dispute but were unable to negotiate successfully. Which method of alternative dispute resolution is best suited to them? Why?

Accepted Answer

The alternative dispute resolution metho

Question 17

Which of the following is a correct statement regarding the pretrial conference?

Accepted Answer

A)  It is held in the courtroom. 
B)  The plaintiff and the defendant are present at the pretrial conference. 
C)  The parties' witnesses are present at the pretrial conference. 
D)  The judge tries to get the parties' attorneys to stipulate to as many of the material facts as possible. 
A)  It is held in the courtroom. 
B)  The plaintiff and the defendant are present at the pretrial conference. 
C)  The parties' witnesses are present at the pretrial conference. 
D)  The judge tries to get the parties' attorneys to stipulate to as many of the material facts as possible.

Question 18

Sally files a lawsuit against Jim in a Tennessee court. Jim does not live in Tennessee and has never been to the state. The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Accepted Answer

A) True 
 B)False

Question 19

District courts:

Accepted Answer

A)  only review the legal conclusions reached by lower federal courts. 
B)  are the intermediate courts of the federal court system. 
C)  have both fact-finding and law-finding functions. 
D)  are specialized courts in the federal court system. 
A)  only review the legal conclusions reached by lower federal courts. 
B)  are the intermediate courts of the federal court system. 
C)  have both fact-finding and law-finding functions. 
D)  are specialized courts in the federal court system.

Question 20

Trial courts, like inferior courts, are limited by the amount of civil damages that can be awarded or the criminal penalties that can be imposed.

Accepted Answer

A) True 
 B)False

Exam 2: Dispute Settlement

A new trial is required for cases remanded by an appellate court.

In the context of filing a lawsuit, a complaint:

Writ of certiorari (cert.) may be granted when:

Generally, the role of appellate courts is to:

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n) _____.

Which of the following statements is true of the presentation of testimony?

A motion to dismiss made by a defendant is granted when:

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n) _____.

Explain the differences between trial courts and inferior courts.

In order to appeal a decision, _____.

A certain court receives an appeal by parties dissatisfied with the decision of a trial court. However, neither does it hear any witnesses nor does it review new facts about the case. The court discussed in the example is a(n) _____.

An individual appointed within an organization to settle disputes is called a(n) _____.

Only a few states have adopted the Uniform Arbitration Act.

In a civil case, the plaintiff need not have the preponderance of the evidence on his or her side.

What are the advantages and disadvantages of the adversary system?

Which of the following is a correct statement regarding the pretrial conference?

Sally files a lawsuit against Jim in a Tennessee court. Jim does not live in Tennessee and has never been to the state. The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

District courts:

Trial courts, like inferior courts, are limited by the amount of civil damages that can be awarded or the criminal penalties that can be imposed.

Law, Legal Reasoning, and the Legal Profession

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Property

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remedies

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contracts

The Agency Relationship-Creation, Duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws

Which Form of Business Organization

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Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountants

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

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Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers

Introduction to Security

Security Interests in Personal Property

Bankruptcy

The Antitrust Laws

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