Question 1

Alan is stopped at a traffic light when he is run into by Bianca.He sues her for negligence.At trial,Alan produces evidence that Bianca had a blood alcohol level of 1.3,that she was texting at the time of the accident and that she was not wearing her prescription glasses when she rear ended him.This type of evidence produced by Alan would be called:

Accepted Answer

A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  direct evidence

Question 2

In Alston v.Advance Brands and Importing Company,Alston sued to prevent advertising of alcohol because it influenced children.He was found not to have standing for each of the reasons below except:

Accepted Answer

A)  Alston did not evidence any actual injury. 
B)  Alston's children bought liquor using money provided by Alston, so he was at fault. 
C)  Alston could not show that a proper remedy was available. 
D)  Even if injury could be shown, the injury was not direct because Alston's alleged injury was not directly connected to the defendants and was broken by third party sellers who criminally sold to minors

Question 3

Which of the following is not required in order to show standing to assert a claim?

Accepted Answer

A)  the party must have suffered an injury in fact 
B)  the party must be a citizen or taxpayer eligible to use the U.S. court system 
C)  the party must suffer harm that is direct, concrete and individualized 
D)  the party must articulate what legal redress exists to compensate for the injury

Question 4

From first to last,which of the following trial stages are in the correct order?

Accepted Answer

A)  pretrial conference; pleadings; discovery; deliberations 
B)  pleadings; discovery; deliberations; jury selection 
C)  discovery; jury selection; deliberations; charging the jury 
D)  pleadings; discovery; pretrial conference; jury selection

Question 5

In some special types of cases such as divorce,the defendant is instead called a _______.

Accepted Answer

The answer of In some special types of cases such...

Question 6

A ________ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Accepted Answer

The answer of A ________ is a document filed by...

Question 7

Online negotiation is available for minor disputes but disputes arising from complex transactions may only be resolved with traditional face to face meetings.

Accepted Answer

A) True 
 B)False

Question 8

Arbitration can at times be legally mandated but mediation is entered into only on a voluntary basis.

Accepted Answer

A) True 
 B)False

Question 9

Questions asked by an attorney of witnesses that they have called to testify is called cross examination.

Accepted Answer

A) True 
 B)False

Question 10

Each of the following is a pretrial motion except:

Accepted Answer

A)  to dismiss for mistrial. 
B)  to compel discovery. 
C)  to dismiss. 
D)  for summary judgment

Question 11

A motion for a summary judgment may be filed by either the plaintiff or defendant.

Accepted Answer

A) True 
 B)False

Question 12

The document served on the defendant along with the complaint that provides actual notice of the lawsuit is called a _______.

Accepted Answer

The answer of The document served on the defendant along...

Question 13

In Alston v.Advance Brands and Importing Company,the court reasoned that if the actual sale and purchase (of alcohol)is insufficient to remedy Alston's alleged injuries,then outlawing mere advertising must be insufficient as well.

Accepted Answer

A) True 
 B)False

Question 14

The American Arbitration Association provides mediation services as well as arbitration services.

Accepted Answer

A) True 
 B)False

Question 15

April hires Christine to landscape her yard.They agree on a price,agree on the types and colors of the plantings and agree on the start date.When Christine shows up on the agreed date,April refuses to allow her to begin work.Christine has sued April for breach of contract.At trial,April produces the contract which states that the plants were to be a mixture of red,white and blue and were to be between 12" and 18" in height.She then produced pictures to show that Christine had arrived with only purple and yellow plants that were 6" to 8" high.This type of evidence produced by April would be called:

Accepted Answer

A)  inculpatory evidence. 
B)  summary evidence. 
C)  exculpatory evidence. 
D)  direct evidence

Question 16

Legally mandated arbitration is nonbinding arbitration.

Accepted Answer

A) True 
 B)False

Question 17

The Federal Arbitration Act specifically enumerates specific procedures for conducting arbitration hearings.

Accepted Answer

A) True 
 B)False

Question 18

The number of civil cases filed in state and federal courts combined in 2008 exceeded:

Accepted Answer

A)  10 thousand. 
B)  10 million. 
C)  20 thousand. 
D)  20 million

Question 19

What is a pretrial conference,when does it occur,and what are its purposes?

Accepted Answer

The answer of What is a pretrial conference,when does it...

Question 20

For the courts to allow a law suit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.

Accepted Answer

A) True 
 B)False

Exam 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options

In Alston v.Advance Brands and Importing Company,Alston sued to prevent advertising of alcohol because it influenced children.He was found not to have standing for each of the reasons below except:

Which of the following is not required in order to show standing to assert a claim?

From first to last,which of the following trial stages are in the correct order?

In some special types of cases such as divorce,the defendant is instead called a _______.

A ________ is a document filed by one party that requests court action in a matter pertaining to the litigation.

Online negotiation is available for minor disputes but disputes arising from complex transactions may only be resolved with traditional face to face meetings.

Arbitration can at times be legally mandated but mediation is entered into only on a voluntary basis.

Questions asked by an attorney of witnesses that they have called to testify is called cross examination.

Each of the following is a pretrial motion except:

A motion for a summary judgment may be filed by either the plaintiff or defendant.

The document served on the defendant along with the complaint that provides actual notice of the lawsuit is called a _______.

In Alston v.Advance Brands and Importing Company,the court reasoned that if the actual sale and purchase (of alcohol)is insufficient to remedy Alston's alleged injuries,then outlawing mere advertising must be insufficient as well.

The American Arbitration Association provides mediation services as well as arbitration services.

Legally mandated arbitration is nonbinding arbitration.

The Federal Arbitration Act specifically enumerates specific procedures for conducting arbitration hearings.

The number of civil cases filed in state and federal courts combined in 2008 exceeded:

What is a pretrial conference,when does it occur,and what are its purposes?

For the courts to allow a law suit to proceed,both the plaintiff and the defendant must be able to prove standing or the suit will be dismissed.