Question 1

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.After the pleading stage of Amanda's lawsuit is complete,she need to use the discovery process to gather information.If Amanda wants to see the design plans for the machine that injured her she should:

Accepted Answer

A) request a deposition 
B) request a set of written interrogatories 
C) request a special verdict 
D) request an admission 
E) request a production of documents

Question 2

The purpose of the discovery stage before trial is to:

Accepted Answer

A) retain an element of surprise in the litigation process 
B) determine if there is a claim that the law can address 
C) encourage pretrial settlements 
D) determine who the plaintiff will be 
E) none of the other choices

Question 3

If a court does not have jurisdiction over the person of a defendant,the defendant may move to have the plaintiff's case dismissed.

Accepted Answer

A) True 
 B)False

Question 4

________________ is the most widely recognized form of Alternative Dispute Resolution.

Accepted Answer

A) Litigation 
B) Mediation 
C) Negotiation 
D) Mini-trial 
E) none of the other choices are correct

Question 5

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) an interrogatory 
C) a counterclaim 
D) a demurrer 
E) none of the other choices

Question 6

Ginger attacks Richard and cuts him with a knife.He sues Ginger.The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious.The $50,000 is called:

Accepted Answer

A) punitive damages 
B) compensatory damages 
C) nominal damages 
D) an equitable remedy 
E) none of the above

Question 7

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 8

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 9

The purpose of the discovery stage before trial is to:

Accepted Answer

A) prevent surprises at trial 
B) preserve evidence of witnesses who might not be available for trial 
C) encourage pretrial settlements 
D) narrow the range of claims being made 
E) all of the other choices may be correct

Question 10

The arbitration process begins with:

Accepted Answer

A) a remission 
B) a complaint 
C) a submission 
D) a motion to permit suit 
E) a demurrer

Question 11

When a court hears an appeal it may affirm,modify,or reverse the decision of the trial court.

Accepted Answer

A) True 
 B)False

Question 12

Corporate executives must give testimony in court,whenever so requested,to answer questions about company policy and other matters.

Accepted Answer

A) True 
 B)False

Question 13

The screening process used to select jury members is called:

Accepted Answer

A) adverse selection 
B) sequestering 
C) summary selection 
D) venue 
E) none of the other choices

Question 14

In an affirmative defense:

Accepted Answer

A) the defendant admits to the facts claimed by the plaintiff,but offers additional facts 
B) the defendant denies all the facts claimed by the plaintiff 
C) the defendant does not respond 
D) the defendant hires a special lawyer 
E) none of the other choices are correct

Question 15

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 jury instruction 
E) none of the other choices are correct

Question 16

If an appellate court judge disagrees with the majority opinion,she may write a:

Accepted Answer

A) dissenting opinion 
B) disgruntled opinion 
C) focused opinion 
D) deviant opinion 
E) deviating opinion

Question 17

Judges often use the pretrial conference as a forum for encouraging settlements.

Accepted Answer

A) True 
 B)False

Question 18

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 19

After the close of an arbitration hearing,the arbitrator:

Accepted Answer

A) grants an injunction against the losing party 
B) orders specific performance by the losing party 
C) requires the parties to negotiate a settlement within specific boundaries 
D) determines an award 
E) all of the other choices are common results

Question 20

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

Exam 3: Trials and Resolving Disputes

The purpose of the discovery stage before trial is to:

If a court does not have jurisdiction over the person of a defendant,the defendant may move to have the plaintiff's case dismissed.

________________ is the most widely recognized form of Alternative Dispute Resolution.

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

Ginger attacks Richard and cuts him with a knife.He sues Ginger.The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious.The $50,000 is called:

If a jury cannot reach a verdict,the judge:

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.

The purpose of the discovery stage before trial is to:

The arbitration process begins with:

When a court hears an appeal it may affirm,modify,or reverse the decision of the trial court.

Corporate executives must give testimony in court,whenever so requested,to answer questions about company policy and other matters.

The screening process used to select jury members is called:

In an affirmative defense:

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.

If an appellate court judge disagrees with the majority opinion,she may write a:

Judges often use the pretrial conference as a forum for encouraging settlements.

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:

After the close of an arbitration hearing,the arbitrator:

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: