Deck 2: The Court System and Dispute Resolution

Question 1

A court with limited jurisdiction can only hear certain types of cases.

Answer 1

True

Question 2

State supreme courts generally hear all cases appealed to them.

Answer 2

False

Question 3

To begin a lawsuit,both parties must appear in person and state their claims and defenses in court.

Answer 3

False

Question 4

The federal court system consists of three levels.

Question 5

Once a lawsuit is commenced,the case must go to the jury.

Question 6

If questions of fact are involved,the court will decide the case based on the pleadings alone.

Question 7

All courts have original jurisdiction.

Question 8

All federal courts are expressly created by the United States Constitution.

Question 9

Garnishment is a procedure accomplished only by attorneys.

Question 10

The power of a court to decide certain types of cases is called jurisdiction.

Question 11

A motion for a directed verdict occurs immediately after the last pleading is filed.

Question 12

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Question 13

The defendant in a civil case is the party who is suing.

Question 14

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Question 15

Generally,the prevailing party in a lawsuit will be awarded the costs of the action,including witness fees and jury fees.

Question 16

The United States Supreme Court can never function as a court of original jurisdiction.

Question 17

Depositions are usually taken in the courtroom.

Question 18

A probate court is an example of a general trial court.

Question 19

Reversible errors are commonly made by supreme courts.

Question 20

A family law court is an example of a specialty court.

Question 21

State supreme courts primarily have what type of jurisdiction?

A) appellate
B) limited trial court
C) general
D) none of the above

Question 22

A mediator has the power to actually make a decision in a dispute.

Question 23

The person who initiates a civil lawsuit is called the:

A) defendant.
B) prosecutor
C) plaintiff.
D) judge.

Question 24

Which of the following is an example of limited or special jurisdiction court?

A) Probate court
B) Juvenile court
C) Domestic Relations court
D) All of the above.

Question 25

The Uniform Arbitration Act requires a written agreement to arbitrate an issue.

Question 26

Service of process refers to:

A) a demand letter sent by the plaintiff to the defendant.
B) a reply sent to the plaintiff by the defendant.
C) giving the defendant proper notice that a legal action is pending.
D) a record of the court's preliminary hearing.

Question 27

The power given to courts to hear certain types of cases is called:

A) jurisdiction.
B) mediation.
C) arbitration.
D) summary judgment.

Question 28

The United States Supreme Court was created by:

A) Congress.
B) the President.
C) the Uniform State Law Commission.
D) none of the above.

Question 29

Arbitration procedures occur in a court of law.

Question 30

A "rent-a-judge" serves as a referee.

Question 31

A court is a tribunal established by:

A) the parties to a lawsuit.
B) the government.
C) the parties to a contract.
D) none of the above.

Question 32

The federal court system consists of ____ level(s)of courts.

A) one
B) two
C) three
D) four

Question 33

Mediation tends to keep discussions between parties proceeding.

Question 34

The decision of an association tribunal is binding on both the association member and the consumer.

Question 35

If there is a reference to a third party to determine a dispute,in most cases the decision is binding.

Question 36

Original jurisdiction courts are generally ____________.

A) supreme courts
B) appellate courts
C) trial courts
D) limited courts

Question 37

Provisions in contracts may actually prevent future lawsuits from occurring.

Question 38

The types of civil cases that can be brought in federal district courts include:

A) cases in which any state in the United States is one of the parties .
B) cases between citizens of different states that involve damages of $75,000 or more.
C) cases brought by the citizen of one state against the state government of the same state.
D) all of the above.

Question 39

When arbitration is mandatory under a statute,the losing party generally can appeal from such arbitration to a court.

Question 40

Mediation is a generally accepted method of resolving disputes.

Question 41

Who is entitled to file a motion to dismiss?

A) defendant only
B) plaintiff only
C) both plaintiff and defendant
D) none of the above

Question 42

A deposition:

A) is the testimony of a witness taken under oath.
B) is conducted outside of the courtroom.
C) can be used to impeach a witness.
D) all of the above.

Question 43

Chandra sues Martin for breach of contract.Both parties have completed discovery.Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further.Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper.Which motion is proper and why?

Question 44

Billy has a dispute with Sleepdigit Bedspring Company over a number of beds Billy recently purchased from Sleepdigit for use in his hotel.Billy needs to decide whether to pursue litigation or employ an alternative means of dispute resolution.What advantages are most often associated with alternative dispute resolution? Which choice would be most appropriate in this case?

Question 45

The _____ rule(s)on the admissibility of evidence.

A) Judge
B) Jury
C) Attorneys
D) court clerk

Question 46

A summary jury trial is:

A) binding on the parties.
B) a mock trial.
C) a full and complete hearing of all evidence pertaining to the case.
D) a shortcut to establishing judicial precedent.

Question 47

Which is not considered an alternate means of dispute resolution?

A) civil lawsuit
B) arbitration
C) association tribunals
D) minitrial

Question 48

The answer to the complaint is filed by the:

A) defendant.
B) prosecutor .
C) plaintiff.
D) judge.

Question 49

Judicial Triage:

A) is a court management tool.
B) results in some cases being expedited.
C) results in some cases being postponed.
D) all of the above.

Question 50

Costs generally are awarded to the prevailing party in litigation.Those costs usually include:

A) filing fees.
B) service-of-process fees.
C) deposition transcript costs.
D) all of the above.

Question 51

In mediation,the mediator acts as a:

A) judge.
B) attorney.
C) messenger.
D) expert witness.

Question 52

In a minitrial:

A) only three jurors are used.
B) the trial addresses only portions of the case or certain issues related to the case.
C) the decision is always fully binding on the parties.
D) none of the above.

Question 53

Voir dire examination is used in connection with:

A) determining whether the pleadings are valid.
B) jury selection.
C) deciding whether to appeal a trial court decision.
D) none of the above.

Question 54

A motion for a directed verdict is appropriate:

A) immediately after the pleadings are filed.
B) immediately after discovery is concluded.
C) immediately after the presentation of all evidence at trial.
D) on appeal.

Question 55

When a defendant asserts that even if everything the plaintiff said is true there is no right to recovery,the defendant is making a:

A) counterclaim.
B) motion to dismiss.
C) motion for summary judgment.
D) deposition.

Question 56

Garnishment applies to the judgment debtor's:

A) wages.
B) attorney fees.
C) land and home.
D) cars.

Question 57

One of the motions that can be made after a verdict has been entered is a motion for a:

A) mistrial.
B) summary judgment.
C) directed verdict.
D) judgment notwithstanding the verdict.