Question 1

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Accepted Answer

A) True 
 B)False

Question 2

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 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) True 
 B)False  False

Question 5

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Accepted Answer

A)  Corrales will render a binding decision.
B)  Holt and Collins retain the right to a class action.
C)  Holt and Collins give up the right to discovery.
D)  Corrales need not give reasons for the decision.

Question 6

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Accepted Answer

A) True 
 B)False

Question 7

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

Question 8

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 9

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 10

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

Accepted Answer

A) True 
 B)False

Question 11

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 12

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

Accepted Answer

A)  a request for admission.
B)  a request for the production of documents.
C)  a deposition.
D)  interrogatories.

Question 13

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.

Question 14

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 15

An inmate in a state prison claims his U.S. 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.

Question 16

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

Accepted Answer

A) True 
 B)False  False

Question 17

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)  mediation

Question 18

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

Accepted Answer

Discovery is the pre-trial opportunity f...

Question 19

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 a  voir dire .
D)  present a motion to dismiss.

Question 20

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Exam 3: Dispute Resolution

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedB

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedFalse

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Correct AnswerverifiedShow Answer

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Correct AnswerverifiedShow Answer

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 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

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

Correct AnswerverifiedShow Answer

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

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

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

Correct AnswerverifiedShow Answer

In a civil case, the plaintiff must prove the case

Correct AnswerverifiedShow Answer

Emails and their attachments are not subject to pretrial discovery.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedFalse

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

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

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

Correct AnswerverifiedShow Answer

Primary methods of alternative dispute resolution include litigation and mediation.

Correct AnswerverifiedShow Answer

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B

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False

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False

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

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