Question 1

In which of the following scenarios would a consolidation be appropriate?

Accepted Answer

A)  Alan, a serial drunk driver, has three accidents in a five day period with three different victims 
B)  a bus crashes and 21 passengers are injured 
C)  students from three different departments in a college sue three different professors for sexual harassment 
D)  two plaintiffs claim economic harm and personal injury resulting from their use of two (2) similar products produced by competing companies 
E)  defendant airline is sued for two (2) plane crashes occurring within the same year 
A)  Alan, a serial drunk driver, has three accidents in a five day period with three different victims 
B)  a bus crashes and 21 passengers are injured 
C)  students from three different departments in a college sue three different professors for sexual harassment 
D)  two plaintiffs claim economic harm and personal injury resulting from their use of two (2) similar products produced by competing companies 
E)  defendant airline is sued for two (2) plane crashes occurring within the same year

Question 2

Both mediation and conciliation make use of a neutral third party to decide a dispute.

Accepted Answer

A) True 
 B)False

Question 3

The major pleadings are the trial complaint,the trial answer,the appellate complaint,and the appellate answer.

Accepted Answer

A) True 
 B)False

Question 4

If both parties waive their right to a jury,the trial will occur without a jury.

Accepted Answer

A) True 
 B)False

Question 5

In opening statements,an attorney usually summarized the main factual and legal issues of the case and describes why he or she believes the client's position is valid.

Accepted Answer

A) True 
 B)False

Question 6

Due to concerns related to doctor-patient confidentiality,physical or mental examinations are not allowed as part of the discovery process.

Accepted Answer

A) True 
 B)False

Question 7

The appellant is often required to post a ________ on appeal.

Accepted Answer

A)  party-in-interest decree 
B)  certification letter 
C)  bond 
D)  right-to-sue letter 
E)  executory decree 
A)  party-in-interest decree 
B)  certification letter 
C)  bond 
D)  right-to-sue letter 
E)  executory decree

Question 8

A motion for judgment on the pleadings alleges that if all the facts presented in the pleadings are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

Accepted Answer

A) True 
 B)False

Question 9

The term voir dire refers to the process used to select the jury.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is true about cross-examination of a plaintiff's witness in a trial?

Accepted Answer

A)  Cross-examination is conducted by the plaintiff's attorney only, and can cover any matters relevant to the case. 
B)  Cross-examination is conducted by the plaintiff's attorney only, and can cover only matters that were brought up during the discovery process. 
C)  Cross-examination is conducted by the defendant's attorney only, and can cover any matters relevant to the case. 
D)  Depending generally on which side called the witness, cross-examination is conducted by either the defendant's attorney or the plaintiff's attorney, and can cover only matters that were brought up in the direct examination. 
E)  Cross-examination is conducted by the defendant's attorney only, and can cover only matters that were brought up during the discovery process. 
A)  Cross-examination is conducted by the plaintiff's attorney only, and can cover any matters relevant to the case. 
B)  Cross-examination is conducted by the plaintiff's attorney only, and can cover only matters that were brought up during the discovery process. 
C)  Cross-examination is conducted by the defendant's attorney only, and can cover any matters relevant to the case. 
D)  Depending generally on which side called the witness, cross-examination is conducted by either the defendant's attorney or the plaintiff's attorney, and can cover only matters that were brought up in the direct examination. 
E)  Cross-examination is conducted by the defendant's attorney only, and can cover only matters that were brought up during the discovery process.

Question 11

Increasing numbers of consumer contracts contain arbitration clauses in which the consumer agrees in advance that any dispute related to the contract will be submitted to an arbitrator,often chosen by the other party to the contract.Agreements between consumers and insurance companies,as well as agreements between stockbrokers and their clients,are two areas where these are increasingly common.What are the advantages and disadvantages to the consumer of such a clause? Should these clauses be effective to allow consumers to give up their rights to use the court system? Does it affect your analysis if you learn that many consumers are not aware of these provisions or do not understand them when they enter into these agreements? How enforceable should these mandatory arbitration clauses be?

Accepted Answer

Has the consumer knowingly consented to

Question 12

An administrative agency can adopt a rule or regulation,a(n)________ function,prosecute a violation of the statute a(n)________ function,and adjudicate the dispute a(n)________ function.

Accepted Answer

A)  executive; legislative; judicial 
B)  judicial; executive; legislative 
C)  legislative; executive; judicial 
D)  judicial; legislative; executive 
E)  executive; judicial; legislative 
A)  executive; legislative; judicial 
B)  judicial; executive; legislative 
C)  legislative; executive; judicial 
D)  judicial; legislative; executive 
E)  executive; judicial; legislative

Question 13

A ________ is a court order directing the defendant to appear in court and answer the complaint.

Accepted Answer

A)  directive 
B)  decree 
C)  proclamation 
D)  summons 
E)  warrant 
A)  directive 
B)  decree 
C)  proclamation 
D)  summons 
E)  warrant

Question 14

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff in addition to an answer.

Accepted Answer

A)  interpleader action 
B)  declaratory judgment 
C)  cross-complaint 
D)  motion for summary judgment 
E)  motion for judgment on the pleadings 
A)  interpleader action 
B)  declaratory judgment 
C)  cross-complaint 
D)  motion for summary judgment 
E)  motion for judgment on the pleadings

Question 15

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to refute the defendant's case.This is called a rebuttal.

Accepted Answer

A) True 
 B)False

Question 16

When a business has a dispute with another business,there is often the option of seeking recovery through litigation or the use of ADR.What benefits might a business realize by using ADR rather than filing suit?

Accepted Answer

There are a number of benefits that a co

Question 17

The trial process can be divided into the following major phases: pleadings,discovery,dismissals and pretrial judgments,and settlement conference.

Accepted Answer

A) True 
 B)False

Question 18

The judge sits as the trier of fact in nonjury trials.

Accepted Answer

A) True 
 B)False

Question 19

The defendant's case must

Accepted Answer

A)  rebut the plaintiff's evidence. 
B)  prove any affirmative defenses asserted by the defendant. 
C)  prove any allegations contained in the defendant's cross-complaint. 
D)  rebut the plaintiff's evidence, and prove any affirmative defenses asserted by the defendant. 
E)  rebut the plaintiff's evidence, prove any affirmative defenses asserted by the defendant, and prove any allegations contained in the defendant's cross-complaint. 
A)  rebut the plaintiff's evidence. 
B)  prove any affirmative defenses asserted by the defendant. 
C)  prove any allegations contained in the defendant's cross-complaint. 
D)  rebut the plaintiff's evidence, and prove any affirmative defenses asserted by the defendant. 
E)  rebut the plaintiff's evidence, prove any affirmative defenses asserted by the defendant, and prove any allegations contained in the defendant's cross-complaint.

Question 20

The court may overturn the jury's verdict if it finds jury bias or misconduct.This is called a judgment ________.

Accepted Answer

A)  n.o.t. 
B)  n.o.v. 
C)  n.a.v. 
D)  n.a.t. 
E)  n.a.y. 
A)  n.o.t. 
B)  n.o.v. 
C)  n.a.v. 
D)  n.a.t. 
E)  n.a.y.

Exam 4: Judicial, Alternative, Administrative, and E-Dispute Resolution

In which of the following scenarios would a consolidation be appropriate?

Both mediation and conciliation make use of a neutral third party to decide a dispute.

The major pleadings are the trial complaint,the trial answer,the appellate complaint,and the appellate answer.

If both parties waive their right to a jury,the trial will occur without a jury.

In opening statements,an attorney usually summarized the main factual and legal issues of the case and describes why he or she believes the client's position is valid.

Due to concerns related to doctor-patient confidentiality,physical or mental examinations are not allowed as part of the discovery process.

The appellant is often required to post a ________ on appeal.

A motion for judgment on the pleadings alleges that if all the facts presented in the pleadings are true,the party making the motion would win the lawsuit when the proper law is applied to these facts.

The term voir dire refers to the process used to select the jury.

Which of the following is true about cross-examination of a plaintiff's witness in a trial?

An administrative agency can adopt a rule or regulation,a(n)________ function,prosecute a violation of the statute a(n)________ function,and adjudicate the dispute a(n)________ function.

A ________ is a court order directing the defendant to appear in court and answer the complaint.

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff in addition to an answer.

After the defendant's attorney has finished calling witnesses,the plaintiff's attorney can call witnesses and put forth evidence to refute the defendant's case.This is called a rebuttal.

When a business has a dispute with another business,there is often the option of seeking recovery through litigation or the use of ADR.What benefits might a business realize by using ADR rather than filing suit?

The trial process can be divided into the following major phases: pleadings,discovery,dismissals and pretrial judgments,and settlement conference.

The judge sits as the trier of fact in nonjury trials.

The defendant's case must

The court may overturn the jury's verdict if it finds jury bias or misconduct.This is called a judgment ________.

Legal Heritage and the Information Age

Constitutional Law for Business and E-Commerce

Courts and Jurisdiction

Torts and Strict Liability

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

Agreement and Consideration

Capacity and Legality

Genuineness of Assent and Statute of Frauds

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

Banking System, E-Money, and Financial Reform

Credit and Secured Transactions

Bankruptcy and Reorganization

Agency Law

Small Business, Entrepreneurship, and Partnerships

Corporate Formation and Financing

Corporate Governance and Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Company and Limited Liability Partnership

Franchise and Special Forms of Business

Investor Protection,E-Securities Transactions,and Wall Street Reform

Antitrust Law

Consumer Safety, Consumer Financial Protection, and Environmental Protection

Labor, Worker Protection, Employment, and Immigration Law

Equal Opportunity in Employment

Personal Property, Bailment, and Insurance

Real Property, Landlord-Tenant Law, and Land Use Regulation

Family Law, Wills, and Trusts

Accountants' Liability

International and World Trade Law

Filters

An administrative agency can adopt a rule or regulation,a(n) function,prosecute a violation of the statute a(n) function,and adjudicate the dispute a(n) function.