Question 1

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 2

After the plaintiff has presented her case,the defendant may be granted a

Accepted Answer

A)  directed verdict.
B)  summary judgment.
C)  judgment NOV
D)  judgment on the pleadings.E) A) and B)
F) C) and D)

Question 3

A party that wants the Supreme Court to review a lower court ruling must

Accepted Answer

A)  present a non obstante veredicto.
B)  file a petition for a writ of certiorari.
C)  file a petition for avoir dire.
D)  present a motion to dismiss.E) A) and D)
F) B) and C)

Question 4

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 5

According to your text,the biggest change in litigation in the last decade has been

Accepted Answer

A)  an explosive rise of electronic discovery.
B)  a decrease in the use of discovery.
C)  the replacement of interrogatories with depositions.
D)  the use of juries in appellate courts.E) None of the above
F) A) and D)

Question 6

What two conditions must exist for federal courts to have diversity jurisdiction?

Accepted Answer

A)  an individual is bringing suit against a corporation and the amount in dispute exceeds $75,000
B)  the plaintiff and defendant are from the same family and the amount in dispute exeeds $50,000.
C)  the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000.
D)  the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.E) None of the above
F) A) and D)

Question 7

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

A) True 
 B)False

Question 8

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 9

A summons is a paper ordering a defendant to appear in court at a certain time.

Accepted Answer

A) True 
 B)False

Question 10

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 above; the burden of proof is on the defendant.E) A) and B)
F) A) and C)

Question 11

Small claims courts have jurisdiction over settling the estates of deceased persons.

Accepted Answer

A) True 
 B)False  False

Question 12

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

The advantages of arbitration include using an impartial third party who often has expertise in the field to settle the dispute. The parties may have selected the arbitrator in advance or may have set forth a procedure to select a mutually agreeable arbitrator. Arbitration allows both sides to keep secret information that would have to be divulged in a court case. In most cases, use of an arbitrator will allow the case to be resolved much more quickly than utilizing traditional litigation techniques and it will probably be less expensive.
A disadvantage to arbitration is that the parties may be barred from using the court system. After the arbitrator's ruling, the court cannot correct a mistake of law made by the arbitrator. An arbitrator may issue a binding decision without giving reasons for the decision. Parties in arbitration give up many rights litigants retain, such as discovery and class action.

Question 13

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) A) and B)
F) All of the above D

Question 14

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR) ?

Accepted Answer

A)  It is a much slower process than litigation.
B)  It keeps the parties involved talking rather than fighting.
C)  It tends to be more expensive than litigation.
D)  It only takes place in federal courts.E) B) and C)
F) C) and D)

Question 15

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

Accepted Answer

A)  may not be decided by a federal court since it involves a state facility.
B)  must be decided by the state court where the inmate established residency before going to prison.
C)  is a federal question case over which the federal courts have jurisdiction.
D)  cannot be heard, as prisoners lose the right to sue.E) A) and B)
F) C) and D)

Question 16

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

Accepted Answer

Discovery is the pre-trial opportunity f...

Question 17

Jurisdiction can be described as

Accepted Answer

A)  the study of law.
B)  the authority of a court to decide a particular type of case.
C)  court cases involving the U.S. Constitution or a federal statute.
D)  the burden of proof.E) None of the above
F) A) and C)

Question 18

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) None of the above
F) A) and B)

Question 19

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.E) A) and C)
F) B) and C)

Question 20

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) A) and B)
F) A) and C)

Exam 6: Dispute Resolution

Primary methods of alternative dispute resolution include litigation and mediation.

Correct Answer
verified

After the plaintiff has presented her case,the defendant may be granted a

Correct Answer
verified

A party that wants the Supreme Court to review a lower court ruling must

Correct Answer
verified

Generally,mandatory arbitration provisions in a contract are valid.

Correct Answer
verified

According to your text,the biggest change in litigation in the last decade has been

Correct Answer
verified

What two conditions must exist for federal courts to have diversity jurisdiction?

Correct Answer
verified

Summary judgment is appropriate when there are no essential facts in dispute.

Correct Answer
verified

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

A summons is a paper ordering a defendant to appear in court at a certain time.

Correct Answer
verified

In a civil case,the plaintiff must prove the case

Correct Answer
verified

Small claims courts have jurisdiction over settling the estates of deceased persons.

Correct Answer
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False

What are the advantages and disadvantages of using arbitration rather than litigation?

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

Correct Answer
verified
D

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR) ?

Correct Answer
verified

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

Correct Answer
verified

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

Jurisdiction can be described as

Correct Answer
verified

In Jones v.Clinton,the court held that

Correct Answer
verified

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

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

Exam 6: Dispute Resolution

Primary methods of alternative dispute resolution include litigation and mediation.

Correct AnswerverifiedShow Answer

After the plaintiff has presented her case,the defendant may be granted a

Correct AnswerverifiedShow Answer

A party that wants the Supreme Court to review a lower court ruling must

Correct AnswerverifiedShow Answer

Generally,mandatory arbitration provisions in a contract are valid.

Correct AnswerverifiedShow Answer

According to your text,the biggest change in litigation in the last decade has been

Correct AnswerverifiedShow Answer

What two conditions must exist for federal courts to have diversity jurisdiction?

Correct AnswerverifiedShow Answer

Summary judgment is appropriate when there are no essential facts in dispute.

Correct AnswerverifiedShow Answer

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

A summons is a paper ordering a defendant to appear in court at a certain time.

Correct AnswerverifiedShow Answer

In a civil case,the plaintiff must prove the case

Correct AnswerverifiedShow Answer

Small claims courts have jurisdiction over settling the estates of deceased persons.

Correct AnswerverifiedFalse

What are the advantages and disadvantages of using arbitration rather than litigation?

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

Correct AnswerverifiedD

Which of the following is an accurate statement regarding Alternative Dispute Resolution (ADR) ?

Correct AnswerverifiedShow Answer

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case

Correct AnswerverifiedShow 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

Jurisdiction can be described as

Correct AnswerverifiedShow Answer

In Jones v.Clinton,the court held that

Correct AnswerverifiedShow Answer

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

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

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

Correct Answer
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Correct Answer
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False

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D

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

Correct Answer
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Correct Answer
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