Question 1

FACT Pattern 3-2
Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."
-Refer to Fact Pattern 3-2.If Ellen and James did mediate this dispute,their mediator:

Accepted Answer

A) would have to be an attorney 
B) would have to represent one of them 
C) could be anyone at all,in any state 
D) might have to be professionally trained 
E) must be professionally trained according to federal law

Question 2

At pretrial conferences,judges often encourage:

Accepted Answer

A) parties to attempt to reach an out-of-court settlement 
B) the plaintiff to drop the case 
C) the defendant to plead guilty 
D) the defendant to drop the case 
E) the plaintiff to give the defendant more time to prepare a defense

Question 3

When a case is taken to an appellate court,the attorneys for the parties must present both written briefs and oral arguments.

Accepted Answer

A) True 
 B)False

Question 4

The Constitution guarantees a right to a jury trial in criminal cases.

Accepted Answer

A) True 
 B)False

Question 5

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 $100,000 is called:

Accepted Answer

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

Question 6

When giving answers to interrogatories,the witness may not leave the room to look up information.

Accepted Answer

A) True 
 B)False

Question 7

According to the Federal Arbitration Act,agreements to arbitrate should be upheld by U.S.courts.

Accepted Answer

A) True 
 B)False

Question 8

According to the Supreme Court,courts must exclude evidence that is:

Accepted Answer

A) not witnessed by at least three people 
B) witnessed by biased parties 
C) handled by the police officers who made the arrest 
D) contrary to scientific standards 
E) going to be used in another trial

Question 9

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 10

An adversary system of justice does not:

Accepted Answer

A) reflect the belief that truth is discovered through the presentation of competing ideas 
B) require opposing parties to argue their positions before a court 
C) require an actual case or controversy 
D) require a judge to apply the law to the facts established 
E) all of the other choices are correct

Question 11

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) since there was no contradiction of the expert witness's testimony regarding the cost of repairs,the Naples should be compensated adequately for the damages caused by the defendants' breach of contract 
B) since there was no contradiction of the expert witness's testimony regarding the cost of repairs,the Naples should not be compensated adequately for the damages caused by the defendants' breach of contract 
C) since there was a contradiction of the expert witness's testimony regarding the cost of repairs,the Naples should not be compensated adequately for the damages caused by the defendants' breach of contract 
D) since the defendant did not produce an expert witness,the Naples should be compensated adequately for the damages caused by the defendants' breach of contract 
E) none of the other choices are correct

Question 12

If a court wants to prevent the destruction of evidence until a formal hearing can be held,it may order an injunction such as a:

Accepted Answer

A) temporary restraining order 
B) permanent restraining order 
C) lasting restraining order 
D) voir dire order 
E) nominal order

Question 13

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 execution 
C) writ of payment 
D) writ of law 
E) writ of rejoinder

Question 14

In the British legal system,there are two kinds of practicing lawyers,barristers and
solicitors.

Accepted Answer

A) True 
 B)False

Question 15

Most of the time,in appellate courts,__________ judges hear an appeal.

Accepted Answer

A) 3 
B) 4 
C) 9 
D) 10 
E) 15

Question 16

According to the Federal Rules of Civil Procedure,a party seeking information must use a discovery tool that:

Accepted Answer

A) imposes significant burdens on the other party 
B) is not "unduly burdensome" to the other party 
C) the other party approves of before hand 
D) the bailiff approves of 
E) has a historical basis in Roman law

Question 17

Mediators may be required,in some states,to be trained professionals.

Accepted Answer

A) True 
 B)False

Question 18

The judge instructs the jury on the applicable law and how the jury is to review the facts in dispute.

Accepted Answer

A) True 
 B)False

Question 19

To serve as an arbitrator,one must be certified by the American Arbitration Association.

Accepted Answer

A) True 
 B)False

Question 20

A final court order,issued after the conclusion of the trial or as part of a settlement agreement is a(n):

Accepted Answer

A) permanent injunction 
B) final injunction 
C) preliminary injunction 
D) partial injunction 
E) none of the other choices are correct

Exam 3: Trials and Resolving Disputes

At pretrial conferences,judges often encourage:

When a case is taken to an appellate court,the attorneys for the parties must present both written briefs and oral arguments.

The Constitution guarantees a right to a jury trial in criminal cases.

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 $100,000 is called:

When giving answers to interrogatories,the witness may not leave the room to look up information.

According to the Federal Arbitration Act,agreements to arbitrate should be upheld by U.S.courts.

According to the Supreme Court,courts must exclude evidence that is:

The first stage of a negotiation should involve:

An adversary system of justice does not:

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:

If a court wants to prevent the destruction of evidence until a formal hearing can be held,it may order an injunction such as a:

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:

In the British legal system,there are two kinds of practicing lawyers,barristers and solicitors.

Most of the time,in appellate courts,__________ judges hear an appeal.

According to the Federal Rules of Civil Procedure,a party seeking information must use a discovery tool that:

Mediators may be required,in some states,to be trained professionals.

The judge instructs the jury on the applicable law and how the jury is to review the facts in dispute.

To serve as an arbitrator,one must be certified by the American Arbitration Association.

A final court order,issued after the conclusion of the trial or as part of a settlement agreement is a(n) :