Question 1

To begin the litigation process, the plaintiff must first:

Accepted Answer

A)  give notice to the defendant by service of process 
B)  determine in which court to bring the action 
C)  serve the defendant with the complaint 
D)  make a motion for a pleading 
E)  request a pre-trial hearing before a judge

Question 2

When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness.

Accepted Answer

A) True 
 B)False

Question 3

A court may award compensatory damages. Those are damages that:

Accepted Answer

A)  compensate the injured party for all medical expenses and lost wages only 
B)  the defendant anticipated in advance would cover plaintiff's medical expenses 
C)  place the injured party in the economic position she was in before the injury 
D)  can be implied from an injury 
E)  none of the other choices

Question 4

If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:

Accepted Answer

A)  motion for a directed verdict 
B)  motion for a dismissal verdict 
C)  motion for a stare decisis verdict 
D)  motion for a compensatory verdict 
E)  motion for a damages verdict

Question 5

Following the opening statements at a trial, the:

Accepted Answer

A)  bailiff flips a coin to see who goes first 
B)  defendant goes first since he has the burden of proving the plaintiff's arguments are wrong 
C)  plaintiff goes first since she has the burden of proving that her arguments are correct 
D)  plaintiff goes first in civil cases, the defendant goes first in criminal cases 
E)  judge decides who goes first depending on the type of case

Question 6

Parties present their arguments to appellate courts by:

Accepted Answer

A)  holding a new trial with a new jury 
B)  holding a new trial with the same jury used before 
C)  holding a new trial without a jury 
D)  presenting written briefs and oral arguments 
E)  reading the trial transcript to the court

Question 7

The discovery process often reduces the number of issues in a case.

Accepted Answer

A) True 
 B)False

Question 8

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

Accepted Answer

A)  punitive damages 
B)  conciliatory damages 
C)  nominal damages 
D)  all of the other specific choices are correct 
E)  none of the other specific choices are correct

Question 9

Unlike the original complaint by the plaintiff, any claims made by defendant against the plaintiff do not require an answer by the plaintiff.

Accepted Answer

A) True 
 B)False

Question 10

Written briefs and oral arguments are both methods through which parties:

Accepted Answer

A)  present their arguments to the appellate court 
B)  present their arguments to the initial court 
C)  present their arguments to the media 
D)  present their arguments to the jury 
E)  present their arguments to the opposing party's attorney

Question 11

Fact Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money.
-Refer to Fact Pattern 3-2. Before arbitrating this disputes, Ellen and James might be wise to attempt:

Accepted Answer

A)  litigation 
B)  physical violence 
C)  negotiation 
D)  reconciliation 
E)  animation

Question 12

The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that evidence was exclusively developed by the party who has it.

Accepted Answer

A) True 
 B)False

Question 13

The reply in the pleading process is a legal response to the:

Accepted Answer

A)  complaint 
B)  service of process 
C)  counterclaim 
D)  demurrer 
E)  none of the other choices

Question 14

Domain name disputes are often settled by arbitration or mediation via the:

Accepted Answer

A)  United Nation's Internet Commission 
B)  World Intellectual Property organization 
C)  International Court of Justice 
D)  International Chamber of Commerce 
E)  none of the other choices; those must be resolved in each country independently

Question 15

Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

Accepted Answer

A) True 
 B)False

Question 16

A deposition is taken under oath; the party being questioned in a deposition may not talk to his attorney for advice.

Accepted Answer

A) True 
 B)False

Question 17

Megan signs a contract saying she will sell Scott a rare Pokemon card for $5000. She later refuses to sell the card. Scott sues Megan and the court orders Megan to sell the card to Scott for $5000. This is an example of the equitable remedy of:

Accepted Answer

A)  specific price 
B)  specific compensation 
C)  specific cost 
D)  specific performance 
E)  specific adherence

Question 18

Mediation is:

Accepted Answer

A)  a way for the plaintiff to reduce attorney costs 
B)  a voluntary process that helps avoid litigation 
C)  a voluntary process that increases the likelihood of litigation 
D)  the only way to settle disputes outside of court 
E)  the only way to settle divorce cases

Question 19

After a jury has presented its verdict, the losing party can ask the court to throw out that verdict by moving for a judgment notwithstanding the verdict.

Accepted Answer

A) True 
 B)False

Question 20

When an arbitrator is used, which is usually true:

Accepted Answer

A)  the arbitrator is a biased expert 
B)  the arbitrators is trusted by both parties 
C)  the matter is resolved more slowly than in most court trials 
D)  the procedure is more costly than a regular trial 
E)  all of the other choices are possible

Exam 3: Trials and Resolving Disputes

To begin the litigation process, the plaintiff must first:

When expert testimony is critical to a case, but is excluded as unreliable, the affected party has the right to hold the trial while obtaining a credible witness.

A court may award compensatory damages. Those are damages that:

If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:

Following the opening statements at a trial, the:

Parties present their arguments to appellate courts by:

The discovery process often reduces the number of issues in a case.

Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as:

Unlike the original complaint by the plaintiff, any claims made by defendant against the plaintiff do not require an answer by the plaintiff.

Written briefs and oral arguments are both methods through which parties:

The general rule is that a party may refuse to provide evidence to the party on the other side of a case if that evidence was exclusively developed by the party who has it.

The reply in the pleading process is a legal response to the:

Domain name disputes are often settled by arbitration or mediation via the:

Expert witness testimony will be thrown out if it does not comply with the standards of the profession or science involved.

A deposition is taken under oath; the party being questioned in a deposition may not talk to his attorney for advice.

Megan signs a contract saying she will sell Scott a rare Pokemon card for $5000. She later refuses to sell the card. Scott sues Megan and the court orders Megan to sell the card to Scott for $5000. This is an example of the equitable remedy of:

Mediation is:

After a jury has presented its verdict, the losing party can ask the court to throw out that verdict by moving for a judgment notwithstanding the verdict.

When an arbitrator is used, which is usually true: