Question 1

Which is NOT TRUE about a pretrial conference?

Accepted Answer

A) It is a meeting between the attorneys and their clients to discuss issues and fees. 
B) It is held to encourage settlement of a dispute without a trial. 
C) It involves the judge and the attorneys representing the parties to a dispute. 
D) The purpose is to simplify the issues in dispute. 
A) It is a meeting between the attorneys and their clients to discuss issues and fees. 
B) It is held to encourage settlement of a dispute without a trial. 
C) It involves the judge and the attorneys representing the parties to a dispute. 
D) The purpose is to simplify the issues in dispute.

Question 2

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

Accepted Answer

A) motion for directed verdict. 
B) offer of proof. 
C) demurrer. 
D) motion for a new trial. 
A) motion for directed verdict. 
B) offer of proof. 
C) demurrer. 
D) motion for a new trial.

Question 3

On appeal, neither party may bring new evidence to the court.

Accepted Answer

A) True 
 B)False

Question 4

The decisions of the U.S.Court of Appeals are binding on the other federal courts except for the U.S.Supreme
Court.

Accepted Answer

A) True 
 B)False

Question 5

Personal jurisdiction:

Accepted Answer

A) may be obtained by personally serving a person within a state if that person is domiciled in that state. 
B) is also known as in rem jurisdiction. 
C) is obtained by seizing the defendant's property. 
D) may arise only through a party's consent. 
A) may be obtained by personally serving a person within a state if that person is domiciled in that state. 
B) is also known as in rem jurisdiction. 
C) is obtained by seizing the defendant's property. 
D) may arise only through a party's consent.

Question 6

When a trial is conducted with a jury, the judge determines issues of

Accepted Answer

A) evidence, law 
B) law, evidence 
C) law, fact 
D) fact, law 
A) evidence, law 
B) law, evidence 
C) law, fact 
D) fact, law

Question 7

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

Accepted Answer

A) True 
 B)False

Question 8

The federal courts do not have exclusive jurisdiction over:

Accepted Answer

A) federal criminal prosecutions. 
B) trademark and copyright cases. 
C) issues involving state constitutions. 
D) bankruptcy cases. 
A) federal criminal prosecutions. 
B) trademark and copyright cases. 
C) issues involving state constitutions. 
D) bankruptcy cases.

Question 9

Janet is called for jury duty and is selected for possible service on a jury.However, when the defendant's attorney sees her, he notices that she is wearing a green dress.Both the defendant and the defendant's attorney hate green dresses.If the defendant's attorney strikes her name from the jury because of the dress color:

Accepted Answer

A) this is a valid challenge for cause. 
B) this is a valid peremptory challenge. 
C) this is not a valid challenge. 
D) the plaintiff's attorney can have Janet serve by making an offer of proof to the judge. 
A) this is a valid challenge for cause. 
B) this is a valid peremptory challenge. 
C) this is not a valid challenge. 
D) the plaintiff's attorney can have Janet serve by making an offer of proof to the judge.

Question 10

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as jurisdiction.

Accepted Answer

A) quasi in rem 
B) in personam 
C) in rem 
D) forum non conveniens 
A) quasi in rem 
B) in personam 
C) in rem 
D) forum non conveniens

Question 11

A quorum of the U.S.Supreme Court consists of any five justices.

Accepted Answer

A) True 
 B)False

Question 12

A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.

Accepted Answer

A) True 
 B)False

Question 13

A traffic offense, such as a speeding ticket, would be heard by a:

Accepted Answer

A) U.S.District Court. 
B) state inferior trial court. 
C) state probate court. 
D) U.S.Court of Federal Claims. 
A) U.S.District Court. 
B) state inferior trial court. 
C) state probate court. 
D) U.S.Court of Federal Claims.

Question 14

The U.S.Supreme Court has original jurisdiction in certain types of cases.

Accepted Answer

A) True 
 B)False

Question 15

A quorum consists of how many justices on the U.S.Supreme Court?

Accepted Answer

A) 3 
B) 5 
C) 6 
D) 7 
A) 3 
B) 5 
C) 6 
D) 7

Question 16

Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (8th Circuit). Andrew believes the case involves a significant issue of U.S.Constitutional law.He would like to have the United
States Supreme Court hear the case.One way by which the U.S.Supreme Court may review the case is by:

Accepted Answer

A) forum non conveniens. 
B) writ of certiorari. 
C) stare decisis. 
D) appellate novus 
A) forum non conveniens. 
B) writ of certiorari. 
C) stare decisis. 
D) appellate novus

Question 17

In making conflict of law decisions, judges need not be concerned about choosing what laws to follow since conflict of law rules are the same from state to state.

Accepted Answer

A) True 
 B)False

Question 18

An example of a special court in the federal judicial system is the:

Accepted Answer

A) U.S.Court of Federal Claims. 
B) Federal District Court. 
C) U.S.Supreme Court. 
D) U.S.Court of Appeals. 
A) U.S.Court of Federal Claims. 
B) Federal District Court. 
C) U.S.Supreme Court. 
D) U.S.Court of Appeals.

Question 19

The federal courts only have jurisdiction to hear cases involving federal law.

Accepted Answer

A) True 
 B)False

Question 20

Federal courts have limited subject matter jurisdiction.

Accepted Answer

A) True 
 B)False

Exam 3: Civil Dispute Resolution

Which is NOT TRUE about a pretrial conference?

A motion to dismiss for failure to state a claim upon which the court may grant relief is also known as a(n):

On appeal, neither party may bring new evidence to the court.

The decisions of the U.S.Court of Appeals are binding on the other federal courts except for the U.S.Supreme Court.

Personal jurisdiction:

When a trial is conducted with a jury, the judge determines issues of

Federal courts have exclusive jurisdiction over bankruptcy, patent, trademark, and copyright cases.

The federal courts do not have exclusive jurisdiction over:

When the defendant's property located within a state is seized to obtain payment of a judgment from a court from another state that is unrelated to the property being seized, the jurisdiction over the property is known as jurisdiction.

A quorum of the U.S.Supreme Court consists of any five justices.

A civil lawsuit commences when the plaintiff files with the clerk of the trial court a complaint against the defendant.

A traffic offense, such as a speeding ticket, would be heard by a:

The U.S.Supreme Court has original jurisdiction in certain types of cases.

A quorum consists of how many justices on the U.S.Supreme Court?

In making conflict of law decisions, judges need not be concerned about choosing what laws to follow since conflict of law rules are the same from state to state.

An example of a special court in the federal judicial system is the:

The federal courts only have jurisdiction to hear cases involving federal law.

Federal courts have limited subject matter jurisdiction.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.

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