Question 1

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Accepted Answer

A) True 
 B)False

Question 2

While answering a complaint,a defendant cannot assert affirmative defenses.

Accepted Answer

A) True 
 B)False

Question 3

The statute of limitations for all lawsuits in the United States is two years.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

Accepted Answer

A) The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. 
B) The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. 
C) The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA. 
A) The FAA restricts parties from obtaining a court order to compel arbitration with an arbitration agreement. 
B) The FAA restricts federal courts from hearing issues of law that have been decided by an arbitrator. 
C) The FAA provides that arbitration agreements involving commerce are revocable contracts under ordinary circumstances. 
D) Breach of contract cases and tort claims are not candidates for arbitration as per the FAA.

Question 5

In deciding the motion for judgment on the pleadings,the judge also considers facts outside the pleadings.

Accepted Answer

A) True 
 B)False

Question 6

Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother.They wish to settle their case out of court.Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance while Rita gets the remainder.In this scenario,the ________ method of alternative dispute resolution is used.

Accepted Answer

A) negotiation 
B) arbitration 
C) mini-trial 
D) mediation 
A) negotiation 
B) arbitration 
C) mini-trial 
D) mediation

Question 7

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

Accepted Answer

A) rejoinder 
B) answer 
C) reply 
D) plea 
A) rejoinder 
B) answer 
C) reply 
D) plea

Question 8

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

Accepted Answer

A) injunction 
B) cross-complaint 
C) rejoinder 
D) rebuttal 
A) injunction 
B) cross-complaint 
C) rejoinder 
D) rebuttal

Question 9

What is jury deliberation?

Accepted Answer

A) jurors re-questioning a particular witness from one of the parties 
B) jurors considering the evidence and attempting to reach a decision 
C) jury and the judge disagreeing on the outcome of the case 
D) jurors being replaced in case of illness or disqualification 
A) jurors re-questioning a particular witness from one of the parties 
B) jurors considering the evidence and attempting to reach a decision 
C) jury and the judge disagreeing on the outcome of the case 
D) jurors being replaced in case of illness or disqualification

Question 10

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

Accepted Answer

A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. 
C) A nonbinding arbitration takes place at a court, in the presence of the jury. 
D) A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts. 
A) Unlike nonbinding arbitration, binding arbitration takes place at a court, in the presence of a judge. 
B) If the arbitration is nonbinding, the decision and award of the arbitrator can be appealed to the courts. 
C) A nonbinding arbitration takes place at a court, in the presence of the jury. 
D) A nonbinding arbitration implies that the arbitrator's decision must be reinforced by the courts.

Question 12

During a ________,the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Accepted Answer

A) closing argument 
B) rejoinder 
C) cross-examination 
D) re-direct examination 
A) closing argument 
B) rejoinder 
C) cross-examination 
D) re-direct examination

Question 13

Differentiate between trials with and without jury.

Accepted Answer

Pursuant to the Seventh Amendment to the

Question 14

Which of the following statements is true of the plaintiff's case?

Accepted Answer

A) The plaintiff's attorney examines the witnesses during cross-examination. 
B) The defendant's attorney examines the witnesses during re-direct examination. 
C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. 
D) Documents and other evidence have to be introduced before the first witness is subject to direct examination. 
A) The plaintiff's attorney examines the witnesses during cross-examination. 
B) The defendant's attorney examines the witnesses during re-direct examination. 
C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. 
D) Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Question 15

Which of the following statements is true of deposition?

Accepted Answer

A) A deposition is a written testimony given by a witness during the trial. 
B) A deposition establishes the period during which a plaintiff must bring a lawsuit against a defendant. 
C) Depositions are written questions submitted by one party to a lawsuit to another party. 
D) Depositions are used to impeach testimony given by witnesses at trial. 
A) A deposition is a written testimony given by a witness during the trial. 
B) A deposition establishes the period during which a plaintiff must bring a lawsuit against a defendant. 
C) Depositions are written questions submitted by one party to a lawsuit to another party. 
D) Depositions are used to impeach testimony given by witnesses at trial.

Question 16

A deposition is oral testimony given by a party or witness during the trial.

Accepted Answer

A) True 
 B)False

Question 17

In a jury trial,the judge is the trier of fact.

Accepted Answer

A) True 
 B)False

Question 18

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

Accepted Answer

A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. 
B) Graham is not allowed to sue Alice, having lost his right to sue her. 
C) Graham can sue Alice but will not receive damages. 
D) Graham can sue Alice but is not entitled to a jury trial. 
A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. 
B) Graham is not allowed to sue Alice, having lost his right to sue her. 
C) Graham can sue Alice but will not receive damages. 
D) Graham can sue Alice but is not entitled to a jury trial.

Question 19

Which of the following statements is true about appeals?

Accepted Answer

A) Only the plaintiff can appeal the court's decision in a civil case. 
B) Only the defendant can appeal the court's decision in a criminal case. 
C) An appeal can be made before the trial court gives its final judgment. 
D) An appellate court cannot reverse a lower court's decision. 
A) Only the plaintiff can appeal the court's decision in a civil case. 
B) Only the defendant can appeal the court's decision in a criminal case. 
C) An appeal can be made before the trial court gives its final judgment. 
D) An appellate court cannot reverse a lower court's decision.

Question 20

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Accepted Answer

A) summons 
B) answer 
C) rejoinder 
D) rebuttal 
A) summons 
B) answer 
C) rejoinder 
D) rebuttal

Exam 3: Judicial, alternative, and Online Dispute Resolution

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

While answering a complaint,a defendant cannot assert affirmative defenses.

The statute of limitations for all lawsuits in the United States is two years.

Which of the following statements is true about the Federal Arbitration Act (FAA)of 1925?

In deciding the motion for judgment on the pleadings,the judge also considers facts outside the pleadings.

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

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

What is jury deliberation?

A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

During a ________,the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.

Differentiate between trials with and without jury.

Which of the following statements is true of the plaintiff's case?

Which of the following statements is true of deposition?

A deposition is oral testimony given by a party or witness during the trial.

In a jury trial,the judge is the trier of fact.

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1,2011.If Graham wants to bring a lawsuit against Alice on January 15,2013,which of the following is most likely to be the outcome?

Which of the following statements is true about appeals?

Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff?

Legal Environment of Business and Online Commerce

Courts and Jurisdiction

Constitutional Law for Business and E-Commerce

Intentional Torts and Negligence

Product and Strict Liability

Intellectual Property and Cyber Piracy

Criminal Law and Cyber Crime

Nature of Traditional and E-Contracts

Agreement

Consideration and Promissory Estoppel

Capacity and Legality

Genuineness of Assent and Undue Influence

Statute of Frauds and Equitable Exceptions

Third-Party Rights and Discharge

Remedies for Breach of Traditional and E-Contracts

Digital Law and E-Commerce

Formation of Sales and Lease Contracts

Title to Goods and Risk of Loss

Remedies for Breach of Sales and Lease Contracts

Warranties

Creation of Negotiable Instruments

Holder in Due Course and Transferability

Liability, defenses, and Discharge

Banking System and Electronic Financial Transactions

Credit, mortgages, and Debtors Rights

Secured Transactions

Bankruptcy and Reorganization

Agency Formation and Termination

Liability of Principals, agents, and Independent Contractors

Employment, worker Protection, and Immigration Law

Labor Law

Equal Opportunity in Employment

Small Business, entrepreneurship, and General Partnerships

Limited Partnerships and Special Partnerships

Corporate Formation and Financing

Corporate Governance and the Sarbanes-Oxley Act

Corporate Acquisitions and Multinational Corporations

Limited Liability Companies and Limited Liability Partnerships

Franchises and Special Forms of Businesses

Investor Protection, e-Securities, and Wall Street Reform

Ethics and Social Responsibility of Business

Administrative Law and Regulatory Agencies

Consumer Protection and Product Safety

Environmental Protection

Antitrust Law and Unfair Trade Practices

Personal Property, real Property, and Insurance

Real Property

Landlord-Tenant Law and Land Use Regulation

Insurance

Accountants Duties and Liability

Wills, trusts, and Estates

Family Law

International and World Trade Law

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