Question 1

Concurrent jurisdiction occurs when more than one court has the authority to decide a case.

Accepted Answer

A) True 
 B)False  True

Question 2

Testimony based on a memorandum or record indicating a witness's previous statements concerning a matter that the witness cannot now remember with sufficient accuracy to testify fully about the matter is known as

Accepted Answer

A)  recorded recollection
B)  former testimony
C)  business record
D)  excited utterance A

Question 3

Judicial notice allows a judge to acknowledge the existence of a historical, scientific or publicly known fact such as dates and federal and state laws, and not require testimony.

Accepted Answer

A) True 
 B)False  True

Question 4

Damages are a type of equitable remedy.

Accepted Answer

A) True 
 B)False

Question 5

There is no cross-examination of witnesses before an appellate court.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is conducted by attorneys, rather than by the judge in a case?

Accepted Answer

A)  voir dire
B)  discovery
C)   closing argument or summation
D)   all of the above

Question 7

Equitable remedies include specific performance, rescission of a contract and injunctions.

Accepted Answer

A) True 
 B)False

Question 8

Service of process can be made by in hand or by abode service or by publication per court order.

Accepted Answer

A) True 
 B)False

Question 9

Interrogatories but not depositions may be directed to a nonparty.

Accepted Answer

A) True 
 B)False

Question 10

An appellate court does not hear questions of fact, so there are no juries that will issue a verdict.

Accepted Answer

A) True 
 B)False

Question 11

Personal jurisdiction over a defendant may be obtained under a long-arm statute because the defendant

Accepted Answer

A)  resides within the jurisdiction
B)  committed a tort within the jurisdiction
C)  conducts a business within the jurisdiction
D)  none of the above

Question 12

The burden of proof in a criminal case ( beyond a reasonable) is more difficult to meet than that in a civil case (doubt preponderance of the evidence.)

Accepted Answer

A) True 
 B)False

Question 13

Affirmative defenses include:

Accepted Answer

A)  Res judicata
B)  statute of frauds
C)  accord and satisfaction
D)  All of the above

Question 14

The U.S.Supreme Court reviews the questions of fact decided by the U.S.Courts of Appeals.

Accepted Answer

A) True 
 B)False

Question 15

A type of alternative dispute resolution that may be non-binding or binding that occurs when a third person is appointed by the courts or selected by the parties to hear a matter and issue a decision in the case is known as

Accepted Answer

A)  Litigation
B)  Negotiation
C)  Arbitration
D)  Mediation

Exam 11: Litigation Procedure and Evidence

Concurrent jurisdiction occurs when more than one court has the authority to decide a case.

Testimony based on a memorandum or record indicating a witness's previous statements concerning a matter that the witness cannot now remember with sufficient accuracy to testify fully about the matter is known as

Judicial notice allows a judge to acknowledge the existence of a historical, scientific or publicly known fact such as dates and federal and state laws, and not require testimony.

Damages are a type of equitable remedy.

There is no cross-examination of witnesses before an appellate court.

Which of the following is conducted by attorneys, rather than by the judge in a case?

Equitable remedies include specific performance, rescission of a contract and injunctions.

Service of process can be made by in hand or by abode service or by publication per court order.

Interrogatories but not depositions may be directed to a nonparty.

An appellate court does not hear questions of fact, so there are no juries that will issue a verdict.

Personal jurisdiction over a defendant may be obtained under a long-arm statute because the defendant

The burden of proof in a criminal case ( beyond a reasonable) is more difficult to meet than that in a civil case (doubt preponderance of the evidence.)

Affirmative defenses include:

The U.S.Supreme Court reviews the questions of fact decided by the U.S.Courts of Appeals.

A type of alternative dispute resolution that may be non-binding or binding that occurs when a third person is appointed by the courts or selected by the parties to hear a matter and issue a decision in the case is known as