Question 1

Before the case goes to the jury,each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.

Accepted Answer

A) a summary discussion 
B) hearsay evidence 
C) voir dire evidence 
D) a closing statement 
E) a closing argument

Question 2

In Cooper Tire v.Mendez,involving a blown tire in a serious accident,the Texas high court held that because the expert witness for Mendez was not reliable,the verdict in his favor was thrown out and a verdict entered for Cooper.

Accepted Answer

A) True 
 B)False

Question 3

Before the case goes to the jury,the attorneys of both parties present:

Accepted Answer

A) the voir dire 
B) the summary discussion 
C) closing (final)arguments 
D) the rebuttal evidence 
E) the hearsay evidence

Question 4

If the mental state 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 
B) court will only allow evidence from the experts of the plaintiff's choosing 
C) court will sanction a rule to comply 
D) court may allow an examination given by specialists of the opposition's choosing 
E) none of the other choices are correct

Question 5

Suppose both sides in a suit agree about certain facts,so they do not need to be proven at trial.To settle facts about which there is no real dispute,the parties may use:

Accepted Answer

A) requests for admissions 
B) expert witness commentary 
C) protective order for documents 
D) sanctions 
E) none of the other choices are correct

Question 6

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 expert for plaintiff Mendez failed to meet the standard of reliability,so there would be a new trial 
B) the expert for plaintiff Mendez failed to meet the standard of reliability,so the amount awarded would be reduced to a more reasonable level 
C) the expert witness for Cooper failed to meet the standard for reliability,so that testimony would be stricken from the record 
D) the expert witness for Cooper could not be a company employee,it had to be an independent expert 
E) none of the other choices are correct

Question 7

The Uniform Arbitration Act was adopted by Congress to encourage the use of arbitration by federal agencies.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

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

Question 9

The first stage of the arbitration process is the filing of a submission.

Accepted Answer

A) True 
 B)False

Question 10

A party receiving written interrogatories prepares answers:

Accepted Answer

A) without any influence from another person 
B) with the help of other witnesses from the same case 
C) with an attorney's help if desired 
D) need not sign them under oath 
E) all of the other choices are acceptable

Question 11

Depositions are:

Accepted Answer

A) sworn,in-person testimony of a witness recorded by a court reporter 
B) questionable,in-person testimony of a witness recorded by a court reporter 
C) sworn,in-person testimony of a witness recorded by a friend 
D) testimony of a witness written in response to questions 
E) none of the other choices are correct

Question 12

If the testimony of an expert witness is critical to a case being made,but the judge rejects the expert testimony as not credible,then,according to the Supreme Court:

Accepted Answer

A) there will be a new trial with the witness allowed to present corrected evidence 
B) there will be a new trial with a different witness 
C) there will be a new trial if the defendant,not the plaintiff,wishes to have one with or without new experts 
D) the case may be ended by summary judgment 
E) none of the other choices are correct

Question 13

Even if both parties admit the truthfulness of a fact related to a dispute,the fact still must still be proved by evidence in court.

Accepted Answer

A) True 
 B)False

Question 14

Written interrogatories are questions submitted by:

Accepted Answer

A) the jury 
B) the judge 
C) the court reporter 
D) witnesses 
E) none of the other choices

Question 15

If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff,the defendant may still be able to get the case dismissed for failure to state a claim.

Accepted Answer

A) True 
 B)False

Question 16

Both India and China have reputations for:

Accepted Answer

A) not enforcing foreign arbitration awards in their courts 
B) strictly enforcing foreign arbitration awards in their courts 
C) awarding huge settlement awards in arbitrations 
D) only awarding small awards in arbitrations 
E) none of the other choices are correct

Question 17

A motion for a directed verdict is when parties:

Accepted Answer

A) ask the judge to issue a favorable verdict that makes jury deliberation unnecessary 
B) ask the judge to retry the trial 
C) ask the jury to make a favorable decision 
D) ask the jury to refuse to come to a verdict 
E) none of the other choices are correct

Question 18

An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

Accepted Answer

A) True 
 B)False

Question 19

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.Suppose that Amanda and Musclematic do not settle the case.It must go to trial.Who will present their case first?

Accepted Answer

A) Amanda 
B) Musclematic 
C) the judge 
D) the attorney for the gym 
E) none of the other choices

Question 20

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

Accepted Answer

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

Exam 3: Trials and Resolving Disputes

Before the case goes to the jury,each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.

In Cooper Tire v.Mendez,involving a blown tire in a serious accident,the Texas high court held that because the expert witness for Mendez was not reliable,the verdict in his favor was thrown out and a verdict entered for Cooper.

Before the case goes to the jury,the attorneys of both parties present:

If the mental state a party to a suit is an issue raised by the other party the:

Suppose both sides in a suit agree about certain facts,so they do not need to be proven at trial.To settle facts about which there is no real dispute,the parties may use:

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

The Uniform Arbitration Act was adopted by Congress to encourage the use of arbitration by federal agencies.

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

The first stage of the arbitration process is the filing of a submission.

A party receiving written interrogatories prepares answers:

Depositions are:

If the testimony of an expert witness is critical to a case being made,but the judge rejects the expert testimony as not credible,then,according to the Supreme Court:

Even if both parties admit the truthfulness of a fact related to a dispute,the fact still must still be proved by evidence in court.

Written interrogatories are questions submitted by:

If a plaintiff files a case and the defendant agrees with all the facts claimed by the plaintiff,the defendant may still be able to get the case dismissed for failure to state a claim.

Both India and China have reputations for:

A motion for a directed verdict is when parties:

An affirmative defense by the defendant is a "legal excuse" for the behavior that occurred.

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