Question 1

When a plaintiff files an action against a defendant, it is called the notification.

Accepted Answer

A) True 
 B)False

Question 2

In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut Supreme Court held that the home owners should receive compensatory damages that were consistent with the economic loss suffered.

Accepted Answer

A) True 
 B)False

Question 3

Following a trial's opening statements, the plaintiff:

Accepted Answer

A)  goes first since he has the burden of proving that his arguments are correct 
B)  goes last since he has the burden of proving that his arguments are correct 
C)  can chose whether or not he wants to go first 
D)  is not allowed to go first because he might bias the jury 
E)  none of the other choices are correct

Question 4

A complaint filed by a plaintiff need not contain:

Accepted Answer

A)  a statement alleging the facts necessary for the court to take jurisdiction 
B)  a statement of the facts necessary to show that plaintiff may be entitled to a remedy 
C)  a statement of the evidence in the plaintiff's possession 
D)  a statement of the remedy the plaintiff is seeking 
E)  all of the other choices are necessary

Question 5

In most court systems, the close of the pleadings stage comes once the complaint is filed.

Accepted Answer

A) True 
 B)False

Question 6

Criminal cases differ from civil cases in that:

Accepted Answer

A)  criminal trials typically have only one defendant 
B)  criminal trials have more discovery than civil trials 
C)  criminal trials are always held within a year of the alleged crime taking place 
D)  criminal trials have very little discovery 
E)  none of the other choices are correct

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 head of a corporation is never required to testify in a deposition 
B)  the head of a corporation is only required to answer written interrogatories, not appear for a deposition 
C)  the head of a corporation may send a qualified corporate officer to testify in his place 
D)  the expert witness for AstenJohnson could not be a company employee 
E)  none of the other choices are correct

Question 8

The U.S. Constitution guarantees a right to a jury trial in:

Accepted Answer

A)  the First Amendment 
B)  the Fourth Amendment 
C)  the Fifth Amendment 
D)  the Seventh Amendment 
E)  none of the other choices; the Constitution only guarantees a right to trial, not to a jury

Question 9

The decision of an arbitrator:

Accepted Answer

A)  must be in writing 
B)  is referred to as a reward 
C)  is binding on the parties as if it were a court decision 
D)  may never be appealed 
E)  all of the other choices

Question 10

A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a:

Accepted Answer

A)  writ of certiorari 
B)  writ of rejoinder 
C)  writ of payment 
D)  writ of law 
E)  none of the other choices are correct

Question 11

A protective order:

Accepted Answer

A)  means that a party does not have to produce the requested documents 
B)  allows the defendant to hide information from the plaintiff 
C)  limits access to material so as to ensure confidentiality 
D)  limits the time the plaintiff may look at the defendant's materials 
E)  none of the other choices are correct

Question 12

Fact Pattern 3-1
Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem.
-Refer to Fact Pattern 3-1. To win against Musclematic, Amanda must prove that the machine caused her injuries:

Accepted Answer

A)  beyond a shadow of a doubt 
B)  by a preponderance of the evidence 
C)  by all due means 
D)  with good intent 
E)  with equitable intent

Question 13

In a civil trial the parties must prove their contentions:

Accepted Answer

A)  beyond a reasonable doubt 
B)  with all due certainty 
C)  to the satisfaction of the plaintiff 
D)  by a preponderance of the evidence 
E)  unanimously

Question 14

The following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except:

Accepted Answer

A)  the arbitrator does not state the legal basis for the decision 
B)  the arbitrator engaged in fraud 
C)  the arbitrator exceeded his authority 
D)  there is evidence of serious procedural misconduct 
E)  all of the other choices are grounds

Question 15

The Constitution requires the use of juries in all criminal cases.

Accepted Answer

A) True 
 B)False

Question 16

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint:

Accepted Answer

A)  a counterclaim 
B)  a motion to dismiss 
C)  a request for admissions 
D)  an answer 
E)  all of the other choices would be proper at this time

Question 17

Negotiation is the most widely recognized form of ADR.

Accepted Answer

A) True 
 B)False

Question 18

A defendant may make a counterclaim against the plaintiff:

Accepted Answer

A)  based on the same events the plaintiff bases the complaint on 
B)  only if it involves different events than those the plaintiff bases the complaint on 
C)  only if the plaintiff agrees 
D)  only if the court doubts the plaintiff 
E)  none of the other choices are correct

Question 19

Interrogatories are written questions submitted by the opposing party.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is not a typical tool of the discovery process in civil litigation:

Accepted Answer

A)  interrogatories 
B)  wiretaps 
C)  orders for production of documents and requests for admissions 
D)  orders for a mental or physical examination 
E)  all of the other choices are used

Exam 3: Trials and Resolving Disputes

When a plaintiff files an action against a defendant, it is called the notification.

In Naples v. Keystone Building and Development, where a new home had many problems, the Connecticut Supreme Court held that the home owners should receive compensatory damages that were consistent with the economic loss suffered.

Following a trial's opening statements, the plaintiff:

A complaint filed by a plaintiff need not contain:

In most court systems, the close of the pleadings stage comes once the complaint is filed.

Criminal cases differ from civil cases in that:

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

The U.S. Constitution guarantees a right to a jury trial in:

The decision of an arbitrator:

A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a:

A protective order:

In a civil trial the parties must prove their contentions:

The following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except:

The Constitution requires the use of juries in all criminal cases.

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint:

Negotiation is the most widely recognized form of ADR.

A defendant may make a counterclaim against the plaintiff:

Interrogatories are written questions submitted by the opposing party.

Which of the following is not a typical tool of the discovery process in civil litigation: