Question 1

In a civil case, the plaintiff must prove the case

Accepted Answer

A)   by a preponderance of the evidence.
B)   by clear and convincing evidence.
C)   beyond a reasonable doubt.
D)   None of these; the burden of proof is on the defendant.E) A) and B)
F) B) and C)

Question 2

In Jones v. Clinton, the court held that

Accepted Answer

A)   Paula Jones did not demonstrate the essential elements for her claim.
B)   Paula Jones was entitled to a summary judgment.
C)   the case be dismissed because of the President's governmental position.
D)   President Clinton failed to comply with a discovery order.E) A) and C)
F) None of the above

Question 3

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Accepted Answer

A)   default judgment
B)   long-arm statute
C)   federal question
D)   summary judgmentE) B) and C)
F) A) and D)

Question 4

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

Accepted Answer

A) True 
 B)False

Question 5

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

Accepted Answer

A) True 
 B)False

Question 6

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

Accepted Answer

A)   mediate the claim with the advertiser.
B)   bring an individual lawsuit against the advertiser in a state appellate court.
C)   bring an individual lawsuit in a U.S. District Court.
D)   become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.E) C) and D)
F) None of the above

Question 7

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

Accepted Answer

A) True 
 B)False

Question 8

What is the primary trial court in the federal system?

Accepted Answer

A)   Municipal Court
B)   U.S. Supreme Court
C)   U.S. Claims Court
D)   U.S. District CourtE) A) and B)
F) None of the above

Question 9

Which of the following is NOT an example of a trial court of limited jurisdiction?

Accepted Answer

A)   A probate court
B)   A juvenile court
C)   A small claims court
D)   A general civil division courtE) A) and B)
F) A) and C)

Question 10

Which of the following courts determines facts?

Accepted Answer

A)   U.S. District Court
B)   U.S. Supreme Court
C)   U.S. Court of Appeals
D)   All of these are correct.E) A) and D)
F) B) and C)

Question 11

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Accepted Answer

A)   litigation
B)   arbitration
C)   jurisdiction
D)   mediationE) A) and B)
F) B) and C)

Question 12

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

Accepted Answer

A)   an in camera inspection.
B)   a motion to compel answers to interrogatories.
C)   a request for admission.
D)   a request for the production of documents.E) A) and B)
F) B) and C)

Question 13

What has been one consequence of the rise of electronic discovery?

Accepted Answer

A)   The creation of a new industry devoted to help law firms sort through the vast amounts of data.
B)   A significant reduction in the amount of time law firms devote to discovery.
C)   The gradual phasing out of the use of interrogatories and depositions.
D)   A decrease in the cost most law firms charge for discovery.E) All of the above
F) A) and C)

Question 14

Pablo, a resident of New Mexico, while driving through Arizona was struck by a SUV driven by Dick, a resident of California. Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. Discuss the court system(s) in which Pablo may bring a lawsuit.

Accepted Answer

Pablo could bring this case in the feder...

Question 15

Briefly describe the process of jury selection.

Accepted Answer

The process of jury selection is called ...

Question 16

Lance sued Mega Corp. for negligence, and a jury awarded him $1.2 million. Mega Corp. filed a motion for judgment NOV, and that motion was denied by the trial court. Mega Corp. then appealed the case. Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (non obstante veredicto o...

Question 17

Define discovery, and identify and explain five of the most important forms of discovery.

Accepted Answer

Discovery is the pre-trial opportunity f...

Question 18

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Accepted Answer

A) True 
 B)False

Question 19

The fastest-growing method of dispute resolution in the United States is

Accepted Answer

A)   arbitration.
B)   negotiation.
C)   mediation.
D)   litigation.E) None of the above
F) A) and B)

Question 20

If interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath.

Accepted Answer

A) True 
 B)False

Exam 6: Dispute Resolution

Lance sued Mega Corp. for negligence, and a jury awarded him $1.2 million. Mega Corp. filed a motion for judgment NOV, and that motion was denied by the trial court. Mega Corp. then appealed the case. Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Correct Answer
verified
A judgment NOV (non obstante veredicto o...
View Answer

Define discovery, and identify and explain five of the most important forms of discovery.

Correct Answer
verified
Discovery is the pre-trial opportunity f...
View Answer

Briefly describe the process of jury selection.

Correct Answer
verified
The process of jury selection is called ...
View Answer

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Correct Answer
verified

The fastest-growing method of dispute resolution in the United States is

Correct Answer
verified

What is the primary trial court in the federal system?

Correct Answer
verified

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Correct Answer
verified

If interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath.

Correct Answer
verified

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

Correct Answer
verified

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

Correct Answer
verified

Correct Answer
verified
Pablo could bring this case in the feder...
View Answer

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

Correct Answer
verified

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

Correct Answer
verified

Which of the following courts determines facts?

Correct Answer
verified

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Correct Answer
verified

Which of the following is NOT an example of a trial court of limited jurisdiction?

Correct Answer
verified

In Jones v. Clinton, the court held that

Correct Answer
verified

In a civil case, the plaintiff must prove the case

Correct Answer
verified

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

Correct Answer
verified

What has been one consequence of the rise of electronic discovery?

Correct Answer
verified

Exam 6: Dispute Resolution

Lance sued Mega Corp. for negligence, and a jury awarded him $1.2 million. Mega Corp. filed a motion for judgment NOV, and that motion was denied by the trial court. Mega Corp. then appealed the case. Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Correct AnswerverifiedA judgment NOV (non obstante veredicto o...View AnswerShow Answer

Define discovery, and identify and explain five of the most important forms of discovery.

Correct AnswerverifiedDiscovery is the pre-trial opportunity f...View AnswerShow Answer

Briefly describe the process of jury selection.

Correct AnswerverifiedThe process of jury selection is called ...View AnswerShow Answer

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Correct AnswerverifiedShow Answer

The fastest-growing method of dispute resolution in the United States is

Correct AnswerverifiedShow Answer

What is the primary trial court in the federal system?

Correct AnswerverifiedShow Answer

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Correct AnswerverifiedShow Answer

If interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath.

Correct AnswerverifiedShow Answer

Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court.

Correct AnswerverifiedShow Answer

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

Correct AnswerverifiedShow Answer

Correct AnswerverifiedPablo could bring this case in the feder...View AnswerShow Answer

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

Correct AnswerverifiedShow Answer

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

Correct AnswerverifiedShow Answer

Which of the following courts determines facts?

Correct AnswerverifiedShow Answer

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Correct AnswerverifiedShow Answer

Which of the following is NOT an example of a trial court of limited jurisdiction?

Correct AnswerverifiedShow Answer

In Jones v. Clinton, the court held that

Correct AnswerverifiedShow Answer

In a civil case, the plaintiff must prove the case

Correct AnswerverifiedShow Answer

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

Correct AnswerverifiedShow Answer

What has been one consequence of the rise of electronic discovery?

Correct AnswerverifiedShow Answer

Correct Answer
verified
A judgment NOV (non obstante veredicto o...
View Answer

Correct Answer
verified
Discovery is the pre-trial opportunity f...
View Answer

Correct Answer
verified
The process of jury selection is called ...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
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Correct Answer
verified
Pablo could bring this case in the feder...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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