Question 1

Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

Accepted Answer

A)  The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. 
B)  The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. 
C)  The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D)  Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Question 2

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2011. If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome?

Accepted Answer

A)  Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. 
B)  Graham is not allowed to sue Alice, having lost his right to sue her. 
C)  Graham can sue Alice but will not receive damages. 
D)  Graham can sue Alice but is not entitled to a jury trial.

Question 3

Which of the following is NOT one of the four major pretrial phases?

Accepted Answer

A)  pleadings 
B)  settlement Conference 
C)  discovery 
D)  litigation

Question 4

In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

Accepted Answer

A) True 
 B)False

Question 5

What is the purpose of a pretrial hearing?

Accepted Answer

A)  requesting the other party to produce all documents relevant to the case 
B)  assessing the factual accuracy of the deposition of witnesses 
C)  instructing the judge to decide the case without a jury 
D)  facilitating the settlement of a case before it goes to trial

Question 6

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Accepted Answer

A)  Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B)  If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. 
C)  A nonbinding arbitration takes place at a court, in the presence of the jury. 
D)  A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Question 7

Once a default judgment is established, the plaintiff only has to prove damages.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following statements is true of the plaintiff's case?

Accepted Answer

A)  The plaintiff's attorney examines the witnesses during cross-examination. 
B)  The defendant's attorney examines the witnesses during re-direct examination. 
C)  The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. 
D)  Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Question 9

The term ________ refers to the oral testimony given by a party or witness prior to trial.

Accepted Answer

A)  class action 
B)  deposition 
C)  interrogatory 
D)  intervention

Question 10

A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

Accepted Answer

A) True 
 B)False

Question 11

Although e-dispute resolution may save the parties to a legal dispute time and energy, the legal fees associated with e-dispute resolution are exorbitant.

Accepted Answer

A) True 
 B)False

Question 12

The complaint and summons are served on the plaintiff.

Accepted Answer

A) True 
 B)False

Question 13

In which of the following cases is a default judgment entered?

Accepted Answer

A)  A defendant admits all the allegations in the complaint. 
B)  There is insufficient evidence to resolve the dispute. 
C)  The court believes that the lawsuit can be settled before/without trial. 
D)  A defendant does not file a written response to a plaintiff's complaint.

Question 14

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Accepted Answer

A)  summons 
B)  answer 
C)  rejoinder 
D)  rebuttal

Question 15

What are jury instructions?

Accepted Answer

A)  instructions from the jury to the plaintiff's attorney about settling a case before trial 
B)  instructions from jury informing the judge on what grounds the case can be dismissed 
C)  instructions to the jury from both parties over the duration within which the case has to be settled 
D)  instructions to inform the jury about what law to apply when they decide the case

Question 16

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Accepted Answer

A)  motion for summary judgment 
B)  motion for judgment on the pleadings 
C)  motion for a directed verdict 
D)  motion for judgment notwithstanding the verdict

Question 17

During a ________, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Accepted Answer

A)  closing argument 
B)  rejoinder 
C)  cross-examination 
D)  re-direct examination

Question 18

Which of the following can be filed by the defendant of a lawsuit?

Accepted Answer

A)  complaint 
B)  answer 
C)  reply 
D)  injunction

Question 19

A trial is conducted with a jury only when the defendant requests a jury trial.

Accepted Answer

A) True 
 B)False

Question 20

Why might a business prefer alternative dispute resolution (ADR) to litigation?

Accepted Answer

The answer of Why might a business prefer alternative dispute...

Exam 3: Judicial, Alternative, and E-Dispute Resolution

Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2011. If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome?

Which of the following is NOT one of the four major pretrial phases?

In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.

What is the purpose of a pretrial hearing?

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Once a default judgment is established, the plaintiff only has to prove damages.

Which of the following statements is true of the plaintiff's case?

The term ________ refers to the oral testimony given by a party or witness prior to trial.

A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

Although e-dispute resolution may save the parties to a legal dispute time and energy, the legal fees associated with e-dispute resolution are exorbitant.

The complaint and summons are served on the plaintiff.

In which of the following cases is a default judgment entered?

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

What are jury instructions?

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

During a ________, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Which of the following can be filed by the defendant of a lawsuit?

A trial is conducted with a jury only when the defendant requests a jury trial.

Why might a business prefer alternative dispute resolution (ADR) to litigation?