Question 1

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

Accepted Answer

A)  mediation 
B)  negotiation 
C)  mini-trial 
D)  arbitration 
E)  summary jury trial

Question 2

Specific performance refers to a remedy when the court:

Accepted Answer

A)  requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted 
B)  directs the defendant to stop doing certain activities 
C)  orders the defendant to do what he had promised the plaintiff he would do 
D)  orders the defendant to pay compensatory damages to the plaintiff 
E)  all of the other choices are correct

Question 3

Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be required due to the constitutional right of privacy.

Accepted Answer

A) True 
 B)False

Question 4

An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded. The jury also awarded the family an additional $100 million damages. The second award is known as:

Accepted Answer

A)  complicated damages 
B)  punitive damages 
C)  equitable damages 
D)  concurrent damages 
E)  none of the other choices

Question 5

If a negotiation is conducted properly:

Accepted Answer

A)  the parties will immediately proceed to trial 
B)  the parties will terminate their relationship 
C)  almost nothing said in negotiation will be usable in a later court case 
D)  the evidence presented at negotiation will be pre-approved for use in any later court case, saving time and money 
E)  the decision will be automatically applied by a court

Question 6

If a jury cannot reach a verdict, the judge:

Accepted Answer

A)  declares a mistrial 
B)  polls the jury and goes with the majority to determine the verdict 
C)  dismisses the jury and orders a verdict 
D)  determines a verdict on points of law and has the jury reach a verdict only on the facts 
E)  all of the other choices are available options

Question 7

In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that:

Accepted Answer

A)  the plaintiff's expert witnesses did not meet the reliability standard for the admission of expert testimony 
B)  the plaintiff had no case because his failed to follow the proper procedures regarding timely filing of depositions 
C)  the defendant was liable for damages due to proximate cause overcoming superseding events related to the illness 
D)  the defendant could only be sued in federal court 
E)  none of the other choices are correct

Question 8

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

Accepted Answer

A)  punitive damages 
B)  liquidated damages 
C)  expectancy damages 
D)  compensatory damages 
E)  injunctive damages

Question 9

When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance.

Accepted Answer

A) True 
 B)False

Question 10

The purpose of the pleadings is to:

Accepted Answer

A)  notify each of the parties of the claims and defenses of each other 
B)  focus the issues 
C)  help remove surprise from the resolution of the dispute 
D)  establish some facts in the case 
E)  all of the other specific choices are correct

Question 11

A temporary restraining order (TRO) is usually granted by a court of appeal as part of an order to a trial court to make a final determination about a permanent order.

Accepted Answer

A) True 
 B)False

Question 12

Specific performance is often a remedy in cases involving:

Accepted Answer

A)  rare properties 
B)  lease payments 
C)  child support 
D)  murder 
E)  none of the other choices are correct

Question 13

Summary judgment is granted when:

Accepted Answer

A)  when the plaintiff fails to provide an expert witness 
B)  when the court cannot apply the law to the undisputed facts of the case 
C)  when the court has been in session for at least three months 
D)  when the court can apply the law to the undisputed facts and resolve the dispute 
E)  none of the other choices are correct

Question 14

The first stage of a negotiation should involve:

Accepted Answer

A)  studying the issues 
B)  choosing a court with appropriate jurisdiction 
C)  calling the opposing party's attorney 
D)  selecting a jury 
E)  none of the other choices are correct

Question 15

In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that:

Accepted Answer

A)  the Naples should be awarded the full amount necessary to restore them to the position they would have been in had the contract been properly performed 
B)  the Naples need not be awarded the full amount necessary to restore them to the position they would have been in had the contract been properly performed 
C)  the Naples should be awarded the half the amount necessary to restore them to the position they would have been in had the contract been properly performed 
D)  the Naples should be awarded 20% of the full amount necessary to restore them to the position they would have been in had the contract been properly performed 
E)  none of the other choices are correct

Question 16

In the British Legal System judges tend to play a much more passive role; one reason for wearing a wig is to help make them seem even more remote to a jury and not influence proceedings.

Accepted Answer

A) True 
 B)False

Question 17

A mediator is:

Accepted Answer

A)  a third party who helps parties to a dispute to reach a solution by coming up with an acceptable agreement 
B)  the plaintiff's lawyer who helps parties to a dispute to reach a solution by determining the party at fault 
C)  the defendant's lawyer who helps parties to a dispute to reach a solution by stating which laws the plaintiff has broken 
D)  a court appointed attorney of mediation who helps parties to a dispute to reach a solution by coming up with a damages contract 
E)  none of the other choices are correct

Question 18

The least formal method of alternative dispute resolution is:

Accepted Answer

A)  court-annexed arbitration 
B)  mini-trial 
C)  mediation 
D)  arbitration 
E)  none of the other choices are correct

Question 19

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

Accepted Answer

A)  an answer 
B)  a reply 
C)  a counterclaim 
D)  a demurrer 
E)  none of the other choices

Question 20

If the mental or physical condition of a party to a suit is an issue raised by the other party the:

Accepted Answer

A)  court cannot require an examination since that violates the constitutional right to privacy about medical issues 
B)  court will only allow evidence from the experts of the plaintiff's choosing 
C)  court will sanction a rule to comply 
D)  party requesting the order must show a greater need for this information than for other kinds of discovery 
E)  none of the other choices are correct

Exam 3: Trials and Resolving Disputes

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called:

Specific performance refers to a remedy when the court:

Even if the physical or mental condition of a party to a lawsuit is an issue, an examination by doctors cannot be required due to the constitutional right of privacy.

An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded. The jury also awarded the family an additional $100 million damages. The second award is known as:

If a negotiation is conducted properly:

If a jury cannot reach a verdict, the judge:

In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that:

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

When preparing answers to interrogatory questions, the witness may not rely on her attorney for assistance.

The purpose of the pleadings is to:

A temporary restraining order (TRO) is usually granted by a court of appeal as part of an order to a trial court to make a final determination about a permanent order.

Specific performance is often a remedy in cases involving:

Summary judgment is granted when:

The first stage of a negotiation should involve:

In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that:

In the British Legal System judges tend to play a much more passive role; one reason for wearing a wig is to help make them seem even more remote to a jury and not influence proceedings.

A mediator is:

The least formal method of alternative dispute resolution is:

If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing:

If the mental or physical condition of a party to a suit is an issue raised by the other party the: