Question 1

One reason companies often settle suits out of court is to protect executives from taking time to give depositions on behalf of the company.

Accepted Answer

A) True 
 B)False

Question 2

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 3

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 4

The decision of an arbitrator in the arbitration process is called:

Accepted Answer

A) a settlement 
B) a holding 
C) a report 
D) a prescription 
E) none of the other choices

Question 5

The U.S.judicial system is considered to be "adversarial."

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

Depositions can be useful in challenging a witness who:

Accepted Answer

A) does not appear in court 
B) changes his story at the trial 
C) refuses to respond to cross-examination 
D) calls the plaintiff a liar 
E) none of the other choices are correct

Question 8

Which of the following is an example of an affirmative defense:

Accepted Answer

A) stare decisis 
B) in rem jurisdiction 
C) self-defense 
D) all of the other specific choices are correct 
E) none of the other specific choices are correct

Question 9

According to the Supreme Court,a case may be ended by summary judgment if:

Accepted Answer

A) the judge accepts critical expert witness testimony as credible 
B) the jury does not think the expert witness is credible 
C) the judge refuses to hear the expert witness's testimony 
D) an expert witness does not have at least a college education 
E) none of the other choices are correct

Question 10

Compensatory damages are intended to give injured parties to restore them to the
economic position they were in before they suffered an injury.

Accepted Answer

A) True 
 B)False

Question 11

The arbitration process formally begins with filing:

Accepted Answer

A) a remission 
B) a complaint 
C) a demurrer 
D) a motion to permit suit 
E) none of the other choices

Question 12

A case is ready to go to trial after completion of:

Accepted Answer

A) the allegation process 
B) the reading process 
C) the litigation process 
D) the summary process 
E) none of the other choices are correct

Question 13

In Cooper Tire & Rubber v.Mendez,involving a tire blowout that resulted in deaths in an accident,the Texas high 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 Cooper could not be a company employee 
E) none of the other choices are correct

Question 14

By law,arbitrators may not award punitive damages;they must only calculate compensatory damages in disputes they resolve.

Accepted Answer

A) True 
 B)False

Question 15

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.
Please answer multiple choice questions 326 to 336 based on these facts.
-Refer to Fact Pattern 3-1.Assume that Amanda files her suit against Musclematic.After the pleadings are completed and Amanda and her attorney have reviewed the responses of Musclematic,they believe the defendant has no good defense.Amanda should:

Accepted Answer

A) file a motion for judgment on the pleadings 
B) file a motion for new trial 
C) file a motion for j.n.o.v 
D) demand to be repaid by her attorney 
E) file a motion for a pretrial hearing

Question 16

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called:

Accepted Answer

A) writ of execution 
B) res judicata 
C) garnishment 
D) specific performance 
E) none of the other choices

Question 17

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

Accepted Answer

A) nothing can be done,since no one can be forced to answer questions;the trial must proceed as best it can 
B) nothing can be done at that time,but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information 
C) the court can find the party in contempt of court,which can result in fines or imprisonment 
D) the court can declare a mistrial and order the procedure to begin again 
E) none of the other choices are correct

Question 18

An arbitrator must be:

Accepted Answer

A) an attorney 
B) the choice of the plaintiff 
C) educated beyond the college level 
D) biased 
E) none of the other choices are correct

Question 19

_____________ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future.

Accepted Answer

A) compensatory 
B) injunctive 
C) exceptional 
D) nominal 
E) none of the other choices are correct

Question 20

The decision of an arbitrator in the arbitration process is called:

Accepted Answer

A) a settlement 
B) an award 
C) a report 
D) a prescription 
E) none of the other choices

Exam 3: Trials and Resolving Disputes

One reason companies often settle suits out of court is to protect executives from taking time to give depositions on behalf of the company.

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

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.

The decision of an arbitrator in the arbitration process is called:

The U.S.judicial system is considered to be "adversarial."

Criminal cases differ from civil cases in that:

Depositions can be useful in challenging a witness who:

Which of the following is an example of an affirmative defense:

According to the Supreme Court,a case may be ended by summary judgment if:

Compensatory damages are intended to give injured parties to restore them to the economic position they were in before they suffered an injury.

The arbitration process formally begins with filing:

A case is ready to go to trial after completion of:

In Cooper Tire & Rubber v.Mendez,involving a tire blowout that resulted in deaths in an accident,the Texas high court held that:

By law,arbitrators may not award punitive damages;they must only calculate compensatory damages in disputes they resolve.

A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called:

If a party refuses to comply with a court order to produce documents or answer written interrogatories:

An arbitrator must be:

_____________ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future.

The decision of an arbitrator in the arbitration process is called: