Deck 3: Dispute Resolution

Question 1

In a civil case,the plaintiff must prove the case beyond a reasonable doubt.

Answer 1

False

Question 2

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Answer 2

False

Question 3

An appeals court must remand any cases in which it finds the trial court's instructions to the jury were wrong.

Answer 3

False

Question 4

Advantages of Alternative Dispute Resolution (ADR)include that ADR:

A) is faster than litigation.
B) keeps the parties talking rather than fighting.
C) is less expensive than litigation.
D) All of the above are advantages of ADR.

Question 5

Roberto,who is seeking an injunction,has the right to have a jury decide his case.

Question 6

A prospective juror was excused from serving after being questioned by the plaintiff's attorney.No reason was given for the rejection.This would be accomplished by the use of a peremptory challenge.

Question 7

The fastest growing method of dispute resolution in the United States is:

A) arbitration.
B) negotiation.
C) mediation.
D) litigation.

Question 8

A summons is a paper ordering a defendant to ans a complaint within a certain time.

Question 9

Generally,mandatory arbitration provisions in a contract are valid.

Question 10

Primary methods of alternative dispute resolution include litigation and mediation.

Question 11

Jurisdiction is:

A) the study of law.
B) the authority of a court to decide a particular type of case.
C) a federal court concept.
D) applicable only to appeals courts.

Question 12

In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

Question 13

The trier of fact can be either a judge or a jury.

Question 14

For diversity purposes,a corporation is considered a resident of its state of incorporation AND the state in which it has its principal place of business.

Question 15

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Question 16

James and Neal have been trying to resolve a dispute over the right to use a certain character to represent Neal's business.They have talked directly with each other and through lawyers,but have not taken the dispute to court or involved a third party who is neutral to the situation.Neal and James are engaged in:

A) mediation.
B) negotiation.
C) arbitration.
D) litigation.
E) It cannot be determined from the information given.

Question 17

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

Question 18

Holt and Collins decide to have their dispute arbitrated by Corrales.Which of the following will NOT be a result of the arbitration?

A) Corrales will render a binding decision.
B) Holt and Collins retain the right to a class action.
C) Holt and Collins give up the right to discovery.
D) Corrales need not give reasons for the decision.

Question 19

During a deposition,a potential witness or a party must generally ans all the questions under oath.

Question 20

Summary judgment is appropriate when there are no essential facts in dispute.

Question 21

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

A) he may file the lawsuit in an Arizona state court.
B) he may file the lawsuit in a federal district court in Arizona.
C) he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case.
D) Either (a) or (b).

Question 22

After ansing a summons and complaint,Mike was questioned under oath in the presence of his lawyer and the plaintiff's lawyer.This discovery technique is called:

A) a request for admission.
B) a request for the production of documents.
C) a deposition.
D) interrogatories.

Question 23

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

A) an in camera inspection.
B) a motion to compel answers to interrogatories.
C) a request for admission.
D) a request for the production of documents.

Question 24

The most accurate statement regarding appellate courts is:

A) appellate courts often hear new evidence and testimony.
B) appellate courts generally accept the factual findings of the trial court.
C) only the federal court system has appellate courts.
D) appellate courts hear only criminal cases.

Question 25

During discovery,Haskins Co.has been asked to produce all e-mails relating to a current lawsuit against it.Haskins Co.will not have to produce:

A) e-mails that contain privileged material.
B) attachments to any of the e-mails, since they are not subject to discovery.
C) e-mails beyond the point at which the cost becomes burdensome, unless the party requesting the information pays for or shares the costs of producing them.
D) All of the above.

Question 26

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

A) may not be decided by a federal court since it involves a state facility.
B) must be decided by the state court where the inmate established residency before going to prison.
C) is a federal question case over which the federal courts have jurisdiction.
D) cannot be heard, as prisoners lose the right to sue.

Question 27

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

A) an adversary system.
B) a conflict system.
C) an alternative dispute resolution system.
D) a mediation system.

Question 28

Which of the following is not a type of trial court of limited jurisdiction?

A) A probate court.
B) A juvenile court.
C) A general civil division court.
D) A small claims court.

Question 29

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

A) provided it has not been filed with the court.
B) provided that discovery has not commenced.
C) provided the jury has not heard any testimony.
D) at any time.

Question 30

The law of evidence:

A) allows witnesses to testify about things they personally saw or things they were told that others had seen.
B) determines what questions a lawyer may ask, how the questions are to be phrased, what answers a witness may give, and what documents may be introduced.
C) is never as important to the resolution of a case as the underlying substantive law, but still must be strictly followed in order to permit the court to obtain the best evidence possible.
D) All of the above.

Question 31

In Jones v.Clinton,the court held:

A) Paula Jones did not demonstrate the essential elements for her claim.
B) Paula Jones was entitled to a summary judgment.
C) public policy required that the case be dismissed because of the President's governmental position.
D) President Clinton failed to comply with a discovery order.

Question 32

Randi,a resident of Oregon,was involved in an auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost of repairing her car.The most appropriate court in which she could file her lawsuit is a:

A) federal court in Idaho.
B) state court in Idaho.
C) federal court in Wyoming.
D) federal court in Oregon.

Question 33

Federal jurisdiction based upon a "federal question" includes cases based on:

A) the United States Constitution.
B) a federal statute.
C) a federal treaty.
D) All of the above.

Question 34

A United States district court is:

A) the primary federal trial court.
B) an appellate court.
C) a small claims court only.
D) none of the above.

Question 35

A civil case generally proceeds as follows:

A) answer, complaint, discovery, trial, verdict.
B) complaint, answer, trial, discovery, verdict.
C) complaint, answer, discovery, trial, verdict.
D) discovery, complaint, answer, trial, verdict.

Question 36

When an appellate court hears a case,it may:

A) affirm the decision.
B) reverse the decision.
C) modify the decision.
D) All the above are correct.

Question 37

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

A) must hear the case if the validity of a federal statute is in question.
B) must hear the case if two or more U. S. courts of appeals have decided the legal issue differently.
C) generally has discretion as to which cases it hears.
D) must hear all cases.

Question 38

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

A) mediate the claim with the advertiser.
B) bring an individual lawsuit against the advertiser in a state appellate court.
C) bring an individual lawsuit in a U. S. District Court.
D) become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Question 39

An appeals court:

A) determines facts.
B) hears witnesses and takes new evidence.
C) ensures that the lower court correctly applied the law to the facts.
D) All of the above.
E) Both (a) and (c).

Question 40

Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a:

A) judgment on the pleadings.
B) summary judgment.
C) pretrial conference.
D) default judgment.

Question 41

Discuss the advantages and disadvantages of using arbitration rather than litigation.

Question 42

While driving through Arizona,Pablo,a resident of New Mexico,was struck by an SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

Question 43

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Question 44

Define discovery,and identify and explain five of the most important forms of discovery.

Question 45

Briefly describe the process of jury selection.