Question 1

Inquiries are written questions submitted by one party to a lawsuit to another party.

Accepted Answer

A) True 
 B)False

Question 2

Interrogatories consist of oral questions that are answered in writing and may only be asked of the parties.

Accepted Answer

A) True 
 B)False

Question 3

The appealing party is called the petitioner.

Accepted Answer

A) True 
 B)False

Question 4

The first paper filed in a law suit is called the summons.

Accepted Answer

A) True 
 B)False

Question 5

Live testimony taken under oath before the trial is a discovery device known as a(n):

Accepted Answer

A)  deposition. 
B)  interrogatory. 
C)  arbitration. 
D)  intervention. 
E)  production of evidence. 
A)  deposition. 
B)  interrogatory. 
C)  arbitration. 
D)  intervention. 
E)  production of evidence.

Question 6

The Administrative Procedures Act does not:

Accepted Answer

A)  establish the size of the agency and requirements to serve as an agency member. 
B)  establish procedures for rulemaking. 
C)  establish rules for conducting agency adjudicative matters. 
D)  establish notice requirements. 
E)  establish hearing requirements. 
A)  establish the size of the agency and requirements to serve as an agency member. 
B)  establish procedures for rulemaking. 
C)  establish rules for conducting agency adjudicative matters. 
D)  establish notice requirements. 
E)  establish hearing requirements.

Question 7

Administrative agencies may be created by federal,state and local governments.

Accepted Answer

A) True 
 B)False

Question 8

When an appellate court receives a case appealed to it,it will:

Accepted Answer

A)  retry the case with a new jury. 
B)  review the jury's verdict to see if the appellate court judges would have reached the same result. 
C)  retry the case with the appellate court judge acting as the jury. 
D)  review the record of the trial court so see if there were any errors of law made by the judge. 
E)  review the record to see if it would have made the same decision as the jury. 
A)  retry the case with a new jury. 
B)  review the jury's verdict to see if the appellate court judges would have reached the same result. 
C)  retry the case with the appellate court judge acting as the jury. 
D)  review the record of the trial court so see if there were any errors of law made by the judge. 
E)  review the record to see if it would have made the same decision as the jury.

Question 9

Substantive rules issued by an administrative agency are subject to judicial review.

Accepted Answer

A) True 
 B)False

Question 10

Discovery serves several functions,including preventing surprises,allowing parties to thoroughly prepare for trial,preserving evidence,saving court time,and promoting the settlement of cases.

Accepted Answer

A) True 
 B)False

Question 11

Many states have adopted the ________ Arbitration Act,which promotes the arbitration of disputes at the state level.

Accepted Answer

A)  Amalgamated 
B)  Multi-state 
C)  Consolidated 
D)  Collaborative 
E)  Uniform 
A)  Amalgamated 
B)  Multi-state 
C)  Consolidated 
D)  Collaborative 
E)  Uniform

Question 12

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant,the court can ________ the cases into one case if doing so would not cause undue prejudice to the parties.

Accepted Answer

A)  collaborate 
B)  consolidate 
C)  integrate 
D)  merge 
E)  disassociate 
A)  collaborate 
B)  consolidate 
C)  integrate 
D)  merge 
E)  disassociate

Question 13

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

Accepted Answer

A)  rejoinder 
B)  rebuttal 
C)  conjoinder 
D)  parler 
E)  absolution 
A)  rejoinder 
B)  rebuttal 
C)  conjoinder 
D)  parler 
E)  absolution

Question 14

Arbitrators and mediators are also called:

Accepted Answer

A)  neutrals. 
B)  impartials. 
C)  disinteresteds. 
D)  dispassionates. 
E)  equitables. 
A)  neutrals. 
B)  impartials. 
C)  disinteresteds. 
D)  dispassionates. 
E)  equitables.

Question 15

One of the cornerstones of the American legal system is the concept of trial by jury.The fact remains however that following the jury's verdict,the judge has a right to completely reverse that verdict.How would a judge do this,and under what circumstances should a judge do so?

Accepted Answer

The judge may disregard and reverse a ju

Question 16

The legal process providing for a detailed pretrial procedure is called "case review."

Accepted Answer

A) True 
 B)False

Question 17

In connection with the pleadings in a lawsuit,what is an answer?

Accepted Answer

A)  the response of the defendant to questions posed by the judge 
B)  the response of the plaintiff to questions posed by the judge 
C)  the response of the defendant to the plaintiff's complaint 
D)  the response of the judge to the plaintiff's complaint 
E)  the responses of the plaintiff to questions posed by the judge 
A)  the response of the defendant to questions posed by the judge 
B)  the response of the plaintiff to questions posed by the judge 
C)  the response of the defendant to the plaintiff's complaint 
D)  the response of the judge to the plaintiff's complaint 
E)  the responses of the plaintiff to questions posed by the judge

Question 18

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

Accepted Answer

A)  Arbitration 
B)  Mediation 
C)  Conciliation 
D)  Absolution 
E)  Capitulation 
A)  Arbitration 
B)  Mediation 
C)  Conciliation 
D)  Absolution 
E)  Capitulation

Question 19

A ________ must be filed within a prescribed time after judgment is entered (usually within 60 or 90 days).

Accepted Answer

A)  directed verdict 
B)  declaratory verdict 
C)  summary judgment 
D)  notice of appeal 
E)  stay of execution 
A)  directed verdict 
B)  declaratory verdict 
C)  summary judgment 
D)  notice of appeal 
E)  stay of execution

Question 20

If either party requests a jury,the trial will be by jury.

Accepted Answer

A) True 
 B)False

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

Inquiries are written questions submitted by one party to a lawsuit to another party.

Interrogatories consist of oral questions that are answered in writing and may only be asked of the parties.

The appealing party is called the petitioner.

The first paper filed in a law suit is called the summons.

Live testimony taken under oath before the trial is a discovery device known as a(n):

The Administrative Procedures Act does not:

Administrative agencies may be created by federal,state and local governments.

When an appellate court receives a case appealed to it,it will:

Substantive rules issued by an administrative agency are subject to judicial review.

Discovery serves several functions,including preventing surprises,allowing parties to thoroughly prepare for trial,preserving evidence,saving court time,and promoting the settlement of cases.

Many states have adopted the ________ Arbitration Act,which promotes the arbitration of disputes at the state level.

If several plaintiffs have filed separate lawsuits stemming from the same fact situation against the same defendant,the court can ________ the cases into one case if doing so would not cause undue prejudice to the parties.

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

Arbitrators and mediators are also called:

One of the cornerstones of the American legal system is the concept of trial by jury.The fact remains however that following the jury's verdict,the judge has a right to completely reverse that verdict.How would a judge do this,and under what circumstances should a judge do so?

The legal process providing for a detailed pretrial procedure is called "case review."

In connection with the pleadings in a lawsuit,what is an answer?

________ is a form of negotiation in which a neutral third party assists the disputing parties in reaching a settlement of their dispute.

A ________ must be filed within a prescribed time after judgment is entered (usually within 60 or 90 days).

If either party requests a jury,the trial will be by jury.

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

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