Deck 2: Dispute Settlement

Question 1

Jurisdiction is defined as:

A) the authority of a court to hear and determine disputes.
B) the unlimited authority of the court.
C) the process by which legal cases are decided.
D) the power an individual appointed within an organization possesses to settle disputes.

Answer 1

A
Explanation: Jurisdiction is the authority of a court to hear and determine disputes.

Question 2

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.

Answer 2

False

Question 3

Which of the following statements is true about a minitrial?

A) A minitrial involves a six-member mock jury empaneled by the court that hears a shortened presentation of the case by the lawyers for each side and renders an advisory verdict.
B) A minitrial often involves a neutral third-party advisor who will render a nonbinding opinion, if a settlement is not reached, regarding how a dispute is likely to be resolved if it goes to trial.
C) A minitrial is conducted under court guidance.
D) A minitrial differs from mediation in that the third-party to whom the dispute is submitted decides the outcome.

Answer 3

B
Explanation: The minitrial often involves a neutral third-party advisor. If a settlement is not reached, she or he will render a nonbinding opinion regarding how the dispute is likely to be resolved if it goes to trial, and how the court is likely to rule on factual and evidentiary issues.

Question 4

If a settlement is not reached in a minitrial, the neutral third-party advisor will render a binding opinion.

Question 5

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.

Question 6

A summary jury trial is conducted under court guidance, while a minitrial is voluntarily conducted by the parties themselves.

Question 7

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

Question 8

Most disputes are settled by trial juries.

Question 9

In mediation, the mediator does not give an award or opinion on the merits of the dispute.

Question 10

Pursuant to the Uniform Arbitration Act:

A) a court will review the wisdom of the decision of an arbitrator.
B) both the agreement of parties to arbitrate and the arbitration award are enforceable in court.
C) the agreement of parties to arbitrate is enforceable in court, but the arbitration award is unenforceable.
D) the arbitration award is enforceable in court, but the agreement of parties to arbitrate is unenforceable.

Question 11

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

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

Question 12

The primary way a case can be appealed to the United States Supreme Court is through a writ of mandamus.

Question 13

The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Question 14

Trials are generally quicker, cheaper, and less complicated procedurally than alternative dispute resolution.

Question 15

In the private judging method of dispute resolution, _____.

A) a hired judge renders a binding opinion after hearing the evidence and arguments of the parties
B) executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side
C) a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side
D) executives of the disputing companies meet with lawyers for each side to negotiate a settlement

Question 16

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

Question 17

Erik filed a case in a municipal court against Leela for a minor criminal violation. Dissatisfied with the decision of the court, Erik can now appeal the case in a court of record.

Question 18

The North American Free Trade Agreement has established a mechanism for resolving trade disputes through the use of binational panels.

Question 19

All opinions of the Supreme Court judges can be cited as precedents.

Question 20

Only a few states have adopted the Uniform Arbitration Act.

Question 21

Trial courts differ from inferior courts in that the trial courts:

A) are courts of limited jurisdiction.
B) are limited by the amount of civil damages that can be awarded.
C) are courts of record, and their decisions can be appealed.
D) are called municipal courts in urban areas.

Question 22

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) _____.

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

Question 23

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

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 24

Which of the following statements is true of pleadings?

A) The first step in starting a lawsuit is the serving of a summons on the defendant.
B) These are the first documents filed with the court, and they start and define the lawsuit.
C) The case is set for trial on the court calendar once the pleadings have commenced.
D) Both disputed and undisputed matters in the pleadings are tried in court.

Question 25

In the context of filing a lawsuit, a complaint:

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 26

Which of the following statements about the adversary system is true?

A) The adversary system represents the idea that truth is best discovered through the presentation of competing ideas.
B) The judge, in an adversary system, is actively involved in determining the facts of a case.
C) The lawyers, in an adversary system, do not persuade the judge that the other party's view of the facts is in error.
D) The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Question 27

_____ courts may be called _____ courts in urban areas and _____ courts in rural areas.

A) Inferior; justice of the peace; municipal
B) Superior; justice of the peace; municipal
C) Inferior; municipal; justice of the peace
D) Superior; municipal; justice of the peace

Question 28

Karl, a resident of Ohio, was convicted of a bank robbery worth $90,000 in California. In which of the following courts should his case be filed?

A) Small claims court
B) Tax court
C) District court
D) Justice of peace court

Question 29

Under the adversary system, the judge's role is viewed as not only _____ but also essentially _____.

A) unbiased; passive
B) biased; passive
C) unbiased; active
D) biased; active

Question 30

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

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 31

The United States Supreme Court:

A) decides all of the cases appealed to it.
B) decides a majority of the cases appealed to it.
C) decides only a small percentage of the cases appealed to it.
D) defers to the decision of the court of appeals in the event of a concurring opinion.

Question 32

The Smiths, an affluent family, own a hospitality chain called Smith Hotels Inc. When a lawsuit was filed against the hotel for serving stale food to its guests, the managers of the hotel decided to hire a lawyer who practices in an adversary system. How is this situation advantageous to Smith Hotels Inc.?

A) The system makes it easier for a biased judge to control the outcome of a case.
B) The wealthy can hire better lawyers as the system does not work when the opposing lawyers are of unequal skill.
C) The system lays emphasis on the competition to win which discourages overstatement of the truth.
D) The adversary system resents the idea that truth is best discovered through the presentation of competing ideas.

Question 33

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

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

Question 34

Salim files a case against Nina for nonpayment of dues. Before the trial, Nina is examined under oath in the presence of Salim's attorney. This process of examination is known as a(n) _____.

A) deposition
B) interrogatory
C) pretrial conference
D) default judgment

Question 35

District courts:

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 36

A U.S. court of appeals is empowered to:

A) take up appeals only from other districts.
B) review legal conclusions reached by lower federal courts.
C) hear cases that have been appealed from Supreme Court decisions.
D) take the final responsibility for interpretation of the Constitution and federal statutes.

Question 37

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

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

Question 38

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

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 39

Generally, the role of appellate courts is to:

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 40

Adia filed a case against Chang in the court at Ohio. However, Chang had never visited Ohio and had no personal ties with anyone in Ohio. Chang could successfully argue that the court:

A) lacked personal jurisdiction.
B) was in proximity to the place where Chang resides.
C) was limited by subject matter jurisdiction.
D) did not have judges that would understand the language spoken by him.

Question 41

Explain the differences between trial courts and inferior courts.

Question 42

What are the advantages and disadvantages of the adversary system?

Question 43

A record in writing of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys that must be prepared and forwarded to the appeals court is called a _____.

A) treatise
B) citation
C) transcript
D) brief

Question 44

A _____ is designed to reach things belonging to the debtor that are in the hands of third parties.

A) writ of quo warranto
B) writ of garnishment
C) writ of certiorari
D) writ of mandamus

Question 45

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

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 46

Which of the following is true of the burden of proof in a criminal trial?

A) It must be "beyond a reasonable doubt."
B) It is placed on the defendant.
C) During the closing of a case, when the defendant's attorney goes first, he or she has the burden of proof.
D) It is similar to that for civil cases.

Question 47

Under what conditions can one or more members of a class sue or be sued as representative of a class? What type of lawsuit can their claims be consolidated into?

Question 48

In order to appeal a decision, _____.

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 49

The term amicus curiae means:

A) friendly cure or the amicable resolution to a mediated dispute.
B) friend of the court and refers to briefs filed by third parties interested in the outcome of a certain appeal.
C) small couriers or the briefs, originally used by foot messengers, which are used to communicate between lawyers and the courts.
D) the name for the conductor of an arbitration, a position originally filled by medieval clergy.

Question 50

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?