Question 1

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

Accepted Answer

A) True 
 B)False

Question 2

The statute of limitations establishes the period within which ________.

Accepted Answer

A) a plaintiff must bring a lawsuit against a defendant 
B) a defendant must file a written answer against a plaintiff's complaint 
C) a defendant can file a cross-complaint against the plaintiff 
D) a motion for judgment on the pleadings can be made by either party 
A) a plaintiff must bring a lawsuit against a defendant 
B) a defendant must file a written answer against a plaintiff's complaint 
C) a defendant can file a cross-complaint against the plaintiff 
D) a motion for judgment on the pleadings can be made by either party

Question 3

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Accepted Answer

A) Complaint 
B) Order 
C) Appeal 
D) Rejoinder 
A) Complaint 
B) Order 
C) Appeal 
D) Rejoinder

Question 4

Motions for summary judgment are supported by evidence outside of the pleadings.

Accepted Answer

A) True 
 B)False

Question 5

Once a complaint has been filed with the court,the court will issue a ________,directing the defendant to appear in court.

Accepted Answer

A) answer 
B) rejoinder 
C) summons 
D) judicial restraint 
A) answer 
B) rejoinder 
C) summons 
D) judicial restraint

Question 6

In which of the following cases is a default judgment entered?

Accepted Answer

A) A defendant admits all the allegations in the complaint. 
B) There is insufficient evidence to resolve the dispute. 
C) The court believes that the lawsuit can be settled before/without trial. 
D) A defendant does not file a written response to a plaintiff's complaint. 
A) A defendant admits all the allegations in the complaint. 
B) There is insufficient evidence to resolve the dispute. 
C) The court believes that the lawsuit can be settled before/without trial. 
D) A defendant does not file a written response to a plaintiff's complaint.

Question 7

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Accepted Answer

A) intervention 
B) consolidation 
C) class action 
D) arbitration 
A) intervention 
B) consolidation 
C) class action 
D) arbitration

Question 8

Which of the following motions asserts that there are no factual disputes to be decided by the jury,and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Accepted Answer

A) motion for summary judgment 
B) motion for judgment on the pleadings 
C) motion for a directed verdict 
D) motion for judgment notwithstanding the verdict 
A) motion for summary judgment 
B) motion for judgment on the pleadings 
C) motion for a directed verdict 
D) motion for judgment notwithstanding the verdict

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

Only the defendant can appeal in a criminal case.

Accepted Answer

A) True 
 B)False

Question 11

What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

Accepted Answer

In a civil case,either party can appeal

Question 12

In which of the following cases does a class action occur?

Accepted Answer

A) There are no factual disputes to be decided by the jury. 
B) The defendant has multiple grounds for appeal. 
C) A group of plaintiffs collectively bring a lawsuit against a defendant. 
D) The plaintiff does not reply to the defender's cross-complaint. 
A) There are no factual disputes to be decided by the jury. 
B) The defendant has multiple grounds for appeal. 
C) A group of plaintiffs collectively bring a lawsuit against a defendant. 
D) The plaintiff does not reply to the defender's cross-complaint.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) Pretrial motions 
B) Discovery 
C) Pleadings 
D) Settlement conference 
A) Pretrial motions 
B) Discovery 
C) Pleadings 
D) Settlement conference

Question 15

Which of the following statements best describes re-direct examination?

Accepted Answer

A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. 
B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. 
C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. 
D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney. 
A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. 
B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. 
C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. 
D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Question 16

Which of the following can be filed by the defendant of a lawsuit?

Accepted Answer

A) complaint 
B) answer 
C) reply 
D) injunction 
A) complaint 
B) answer 
C) reply 
D) injunction

Question 17

Which of the following statements is true about appellate courts?

Accepted Answer

A) Appellate courts cannot reverse a finding of fact made by the jury. 
B) Appellate courts cannot reverse a finding of fact made by the judge. 
C) Appellate courts permit brief oral arguments between attorneys. 
D) An appellate court cannot reverse a decision of a lower court. 
A) Appellate courts cannot reverse a finding of fact made by the jury. 
B) Appellate courts cannot reverse a finding of fact made by the judge. 
C) Appellate courts permit brief oral arguments between attorneys. 
D) An appellate court cannot reverse a decision of a lower court.

Question 18

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) rebuttal 
B) rejoinder 
C) closing argument 
D) deliberation 
A) rebuttal 
B) rejoinder 
C) closing argument 
D) deliberation

Question 20

Briefly explain the steps involved in the pretrial litigation process.

Accepted Answer

To initiate a lawsuit,the plaintiff must

Exam 3: Judicial, alternative, and Online Dispute Resolution

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

The statute of limitations establishes the period within which ________.

________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit.

Motions for summary judgment are supported by evidence outside of the pleadings.

Once a complaint has been filed with the court,the court will issue a ________,directing the defendant to appear in court.

In which of the following cases is a default judgment entered?

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

Which of the following motions asserts that there are no factual disputes to be decided by the jury,and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

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

Only the defendant can appeal in a criminal case.

What can a party to a lawsuit do if he or she is displeased with the trial court's judgment?

In which of the following cases does a class action occur?

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

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

Which of the following statements best describes re-direct examination?

Which of the following can be filed by the defendant of a lawsuit?

Which of the following statements is true about appellate courts?

A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.

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

Briefly explain the steps involved in the pretrial litigation process.

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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