Question 1

A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called:

Accepted Answer

A)  conciliation. 
B)  mediation. 
C)  minitrial. 
D)  arbitration.

Question 2

For federal "diversity" jurisdiction to exist:

Accepted Answer

A)  the case must begin in a federal court of appeals. 
B)  the amount in controversy must exceed $75,000. 
C)  both the plaintiff and the defendant must be citizens of the same state. 
D)  the case must pertain to the Constitution, laws, or treaties of the United States.

Question 3

The assertion of specific in personam jurisdiction satisfies federal due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

Accepted Answer

A) True 
 B)False

Question 4

What are depositions?

Accepted Answer

A)  Written questions directed to a party, answered in writing, and signed under oath. 
B)  Documentary evidence introduced at a trial. 
C)  Oral examinations of a party by the opposing party's attorney. 
D)  Written statements made during arbitration.

Question 5

Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely:

Accepted Answer

A)  will be considered valid by federal courts. 
B)  will be considered unenforceable by all courts. 
C)  will result in employees having to mediate their employment-related claims against Dillon's. 
D)  will require an employee to mediate employment-related disputes.

Question 6

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

Accepted Answer

A)  deposition. 
B)  demurrer. 
C)  interrogatory. 
D)  directed verdict.

Question 7

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

Accepted Answer

A)  Minitrial 
B)  Summary judgment 
C)  Directed verdict 
D)  Peremptory challenges

Question 8

Often, federal district courts have concurrent jurisdiction with state courts.

Accepted Answer

A) True 
 B)False

Question 9

Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule?

Accepted Answer

A)  A request for written questions directed at the opponent. 
B)  Requests for admission directed at the opponent. 
C)  A request for a physical or mental examination of the opponent. 
D)  Requests for the production of documents in civil cases.

Question 10

Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of:

Accepted Answer

A)  long-arm jurisdiction. 
B)  inpersonam jurisdiction. 
C)  venue. 
D)  standing.

Question 11

Generally, forum selection clauses in form agreements are unenforceable.

Accepted Answer

A) True 
 B)False

Question 12

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Accepted Answer

A) True 
 B)False

Question 13

Normally, a motion for summary judgment requires that a court decide both questions of fact and questions of law.

Accepted Answer

A) True 
 B)False

Question 14

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?

Accepted Answer

A)  Choice of law clause 
B)  Forum selection clause 
C)  Substantive clause 
D)  Minimum contacts clause

Question 15

Minor criminal cases and civil disputes are decided in the appellate courts.

Accepted Answer

A) True 
 B)False

Question 16

Calvin, a resident of South Park, Colorado, creates a Web site called "But Seriously" which acts as an electronic billboard for posting funny stories. Ted, a resident of Northridge, California, posts a story on the Web site. Stu, a San Diego, California resident, files a lawsuit against Calvin in a federal district court in California, claiming that Calvin had defamed him on his Web site. Based on these facts, does Calvin have sufficient "minimum contacts" to give the California federal district court in personam jurisdiction over him?

Accepted Answer

A)  No, Ted's posting alone is not enough to create sufficient "minimum contacts." 
B)  Yes, Ted's posting creates sufficient "minimum contacts." 
C)  Yes, by creating a Web site that is accessible in California, Calvin has sufficient minimum contacts with that state. 
D)  Calvin has sufficient "minimum contacts" with California only if Stu's claim is in excess of $75,000.

Question 17

Which of the following characterizes discovery?

Accepted Answer

A)  It begins before the pleadings are completed. 
B)  Information may be subject to discovery only if it is ultimately be admissible at trial under the legal rules of evidence. 
C)  It is an efficient and time-saving remedy for litigants. 
D)  Interrogatories are a commonly utilized form of discovery.

Question 18

The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

Accepted Answer

A)  demurrer 
B)  counterclaim 
C)  discovery 
D)  affirmative defense

Question 19

Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the:

Accepted Answer

A)  motion to dismiss. 
B)  motion for summary judgment. 
C)  motion for judgment not withstanding the verdict. 
D)  motion for a directed verdict.

Question 20

As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify.

Accepted Answer

A) True 
 B)False

Exam 2: The Resolution of Private Disputes

For federal "diversity" jurisdiction to exist:

The assertion of specific in personam jurisdiction satisfies federal due process guarantees so long as the defendant has sufficient "minimum contacts" with the forum state.

What are depositions?

Dillon's, a discount retailer with over 500 employees, includes a clause in its employment application stating that all future employment disputes will be resolved through binding arbitration. This clause most likely:

The motion to dismiss for failure to state a claim upon which relief can be granted is sometimes called the:

Which of the following is an informal alternative method for promoting settlement of disputes from a formal court trial?

Often, federal district courts have concurrent jurisdiction with state courts.

Discovery generally takes place without a need for court orders or other judicial supervision. Which of the following is an EXCEPTION to this rule?

Defending against a federal district court suit by Paul, Dan claims that Paul has sued him in the wrong federal district court. Dan has raised a question of:

Generally, forum selection clauses in form agreements are unenforceable.

In rem jurisdiction is based only on the fact that property of the defendant is located within the state.

Normally, a motion for summary judgment requires that a court decide both questions of fact and questions of law.

Contracts sometimes contain a provision reciting that disputes between the parties regarding matters connected with the contract must be litigated in the courts of a particular state. What is such a provision called?

Minor criminal cases and civil disputes are decided in the appellate courts.

Which of the following characterizes discovery?

The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant.

As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify.