Question 1

In alternative dispute resolution (ADR) , most cases are resolved through

Accepted Answer

A)  litigation.
B)  negotiation.
C)  mediation.
D)  lawsuits.

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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 the these; the burden of proof is on the defendant. A

Question 4

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.

Question 5

Which of the following statements is most accurate regarding appellate courts?

Accepted Answer

A)  Appellate courts often hear new evidence and testimony.
B)  Appellate courts generally accept the factual findings of the trial court.
C)  Only the federal court system has appellate courts.
D)  Appellate courts hear only criminal cases. B

Question 6

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Accepted Answer

A) True 
 B)False  False

Question 7

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

Accepted Answer

Discovery is the pre-trial opportunity f...

Question 8

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.

Question 9

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

Question 10

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

Accepted Answer

A)  judgment on the pleadings.
B)  summary judgment.
C)  pretrial conference.
D)  default judgment.

Question 11

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.

Question 12

What is the correct order in which a jury trial is conducted?

Accepted Answer

A)  opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict
B)  jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict
C)  opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict
D)  jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict

Question 13

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 14

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.

Question 15

Jurisdiction can be described as

Accepted Answer

A)  the study of law.
B)  the authority of a court to hear and decide a particular type of case.
C)  court cases involving the U.S. Constitution or a federal statute.
D)  the burden of proof.

Question 16

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 judgment

Question 17

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

Accepted Answer

A)  arbitration.
B)  negotiation.
C)  mediation.
D)  litigation.

Question 18

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

Accepted Answer

A)  an adversary system.
B)  a conflict system.
C)  an alternative dispute resolution system.
D)  a mediation system.

Question 19

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 20

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 Court

Exam 5: Dispute Resolution

In alternative dispute resolution (ADR) , most cases are resolved through

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

In a civil case, the plaintiff must prove the case

Correct AnswerverifiedA

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

Correct AnswerverifiedShow Answer

Which of the following statements is most accurate regarding appellate courts?

Correct AnswerverifiedB

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Correct AnswerverifiedFalse

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

In Jones v. Clinton , the court held that

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

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

Correct AnswerverifiedShow Answer

Which of the following courts determines facts?

Correct AnswerverifiedShow Answer

What is the correct order in which a jury trial is conducted?

Correct AnswerverifiedShow Answer

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

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

Jurisdiction can be described as

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

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

Correct AnswerverifiedShow Answer

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

Correct AnswerverifiedShow Answer

Emails and their attachments are not subject to pretrial discovery.

Correct AnswerverifiedShow Answer

What is the primary trial court in the federal system?

Correct AnswerverifiedShow Answer

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Discovery is the pre-trial opportunity f...
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