Question 1

The person giving oral testimony in a deposition is called the ________.

Accepted Answer

A)  deponent 
B)  supplicant 
C)  expatriate 
D)  witness 
E)  intervenor 
A)  deponent 
B)  supplicant 
C)  expatriate 
D)  witness 
E)  intervenor

Question 2

Interrogatory answers are not signed under oath.

Accepted Answer

A) True 
 B)False

Question 3

If the defendant does not answer the complaint,a(n)________ is entered against him or her.

Accepted Answer

A)  summons 
B)  arrest warrant 
C)  search warrant 
D)  default judgment 
E)  proclamation 
A)  summons 
B)  arrest warrant 
C)  search warrant 
D)  default judgment 
E)  proclamation

Question 4

Assume that due to another person's intentional act,you have been injured.You have been inconvenienced,experienced pain and suffering,have medical bills and lost money due to an inability to work for a few weeks.Naturally,you want to be compensated and at a minimum recover your out of pocket costs.Assume that the person that harmed you was homeless,had no assets and was out of work.What should you consider before proceeding with the lawsuit? Would your answer be different if your assailant was a poor college student?

Accepted Answer

Lawsuits cost money and take time.They a

Question 5

A defendant cannot assert affirmative defenses in an answer; instead,the defendant must assert affirmative defenses in a cross-complaint.

Accepted Answer

A) True 
 B)False

Question 6

The action of a judge in reducing the amount of monetary damages awarded by the jury is called which of the following?

Accepted Answer

A)  remittitur 
B)  additur 
C)  reformulation 
D)  judgment n.o.t. 
E)  deduction 
A)  remittitur 
B)  additur 
C)  reformulation 
D)  judgment n.o.t. 
E)  deduction

Question 7

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

Accepted Answer

A)  subpoena 
B)  summons 
C)  declaratory judgment 
D)  complaint reproduction 
E)  complaint requisition 
A)  subpoena 
B)  summons 
C)  declaratory judgment 
D)  complaint reproduction 
E)  complaint requisition

Question 8

After the plaintiff's attorney has completed his or her questions,the defendant's attorney can question the witness.This is called direct examination.

Accepted Answer

A) True 
 B)False

Question 9

In a civil case,which of the following is true about the order of the presentation of the case?

Accepted Answer

A)  The plaintiff is first to present, followed by the defendant. 
B)  The defendant is first to present, followed by the plaintiff. 
C)  The judge decides who goes first, which depends on the circumstances of the case. 
D)  The order of presentation is determined by the flip of a coin or other random selection method. 
E)  The order varies from state to state. 
A)  The plaintiff is first to present, followed by the defendant. 
B)  The defendant is first to present, followed by the plaintiff. 
C)  The judge decides who goes first, which depends on the circumstances of the case. 
D)  The order of presentation is determined by the flip of a coin or other random selection method. 
E)  The order varies from state to state.

Question 10

For their rulings to be valid,arbitrators must be members of the American Arbitration Association.

Accepted Answer

A) True 
 B)False

Question 11

Pursuant to the 5th Amendment to the United States Constitution,a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court.

Accepted Answer

A) True 
 B)False

Question 12

The U.S.Congress enacted the Federal Arbitration Act to promote the arbitration of disputes.

Accepted Answer

A) True 
 B)False

Question 13

An administrative law judge's decision is published in a pro forma decree.

Accepted Answer

A) True 
 B)False

Question 14

On January 10th, JON, Inc. enters into a contract in which Jon, Inc. is to deliver 1000 special order widgets to the JPK Construction Company for use in a unique project. Delivery is scheduled for November 23rd. On February 14th, JON, Inc. hears through the grapevine that JPK has entered into a contract with another company to buy the widgets at a lower price. JON, Inc. calls JPK on March 15th and is reassured that the contract will be honored. On August 8th, JPK takes delivery of the widgets from the other company and begins using them in the unique project they are working on. On November 23rd, JON, Inc's truck arrives at JPK's loading dock with the 1000 widgets and JPK refuses to take delivery. 
If JON, Inc. wanted damages for the breach of contract but wishes to pursue recovery through ADR rather than litigation but wanted to keep litigation options open, which form of ADR should JON, Inc. avoid?

Accepted Answer

A)  negotiation 
B)  mediation 
C)  arbitration 
D)  mini-trial 
E)  fact-finding 
A)  negotiation 
B)  mediation 
C)  arbitration 
D)  mini-trial 
E)  fact-finding

Question 15

If the discovery process results in learning about the other side's case,what is the purpose of having a trial? Wouldn't it be redundant to have the trial if both parties already know what is going to be said?

Accepted Answer

The purpose of discovery is to learn abo

Question 16

Mike and Kathy have been dating for a while but after a big fight,Kathy breaks off the relationship.Mike tries to call but Kathy won't take his calls.Finally Mike decides to teach her a lesson and sues her for breaking his heart asking for damages.Assume that there is no recognized cause of action for breaking of one's heart.

Accepted Answer

A)  Because there is no cause of action available, Kathy can ignore the complaint and summons and suffer no consequences. 
B)  If Kathy doesn't answer the complaint, she will nevertheless win when the judge reads the complaint and dismisses it. 
C)  Kathy should answer the complaint and file a motion for a judgment on the pleadings, which she will win. 
D)  Kathy should answer the complaint and file a motion for a summary judgment, which she will win. 
E)  Kathy should answer the complaint and file a motion for a j.n.o.v., which she will win. 
A)  Because there is no cause of action available, Kathy can ignore the complaint and summons and suffer no consequences. 
B)  If Kathy doesn't answer the complaint, she will nevertheless win when the judge reads the complaint and dismisses it. 
C)  Kathy should answer the complaint and file a motion for a judgment on the pleadings, which she will win. 
D)  Kathy should answer the complaint and file a motion for a summary judgment, which she will win. 
E)  Kathy should answer the complaint and file a motion for a j.n.o.v., which she will win.

Question 17

Information given by the attorneys in their closing statements is evidence the trier of fact can use in reaching a verdict.

Accepted Answer

A) True 
 B)False

Question 18

Since the plaintiff has the burden of proof in a civil case,only the plaintiff's attorney is allowed to make an opening statement to the jury.

Accepted Answer

A) True 
 B)False

Question 19

A rebuttal is called to counter the opposing attorney's use of a rejoinder.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following are in the proper order from first to last filed?

Accepted Answer

A)  complaint; reply; cross-complaint; answer 
B)  answer; complaint; reply; cross-complaint 
C)  complaint; cross-complaint; reply; answer 
D)  complaint; answer; cross-complaint; reply 
E)  reply; cross-complaint; answer; complaint 
A)  complaint; reply; cross-complaint; answer 
B)  answer; complaint; reply; cross-complaint 
C)  complaint; cross-complaint; reply; answer 
D)  complaint; answer; cross-complaint; reply 
E)  reply; cross-complaint; answer; complaint

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

The person giving oral testimony in a deposition is called the ________.

Interrogatory answers are not signed under oath.

If the defendant does not answer the complaint,a(n)________ is entered against him or her.

A defendant cannot assert affirmative defenses in an answer; instead,the defendant must assert affirmative defenses in a cross-complaint.

The action of a judge in reducing the amount of monetary damages awarded by the jury is called which of the following?

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

After the plaintiff's attorney has completed his or her questions,the defendant's attorney can question the witness.This is called direct examination.

In a civil case,which of the following is true about the order of the presentation of the case?

For their rulings to be valid,arbitrators must be members of the American Arbitration Association.

Pursuant to the 5th Amendment to the United States Constitution,a party to a civil action at law is guaranteed the right to a jury trial in a case in federal court.

The U.S.Congress enacted the Federal Arbitration Act to promote the arbitration of disputes.

An administrative law judge's decision is published in a pro forma decree.

If the discovery process results in learning about the other side's case,what is the purpose of having a trial? Wouldn't it be redundant to have the trial if both parties already know what is going to be said?

Information given by the attorneys in their closing statements is evidence the trier of fact can use in reaching a verdict.

Since the plaintiff has the burden of proof in a civil case,only the plaintiff's attorney is allowed to make an opening statement to the jury.

A rebuttal is called to counter the opposing attorney's use of a rejoinder.

Which of the following are in the proper order from first to last filed?

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