Question 1

Municipal courts:

Accepted Answer

A)  are courts of record. 
B)  are known as superior courts. 
C)  are known as justice of the peace courts in rural areas. 
D)  are courts that handle civil disputes involving large amounts of money. 
A)  are courts of record. 
B)  are known as superior courts. 
C)  are known as justice of the peace courts in rural areas. 
D)  are courts that handle civil disputes involving large amounts of money. C

Question 2

A new trial is required for cases remanded by an appellate court.

Accepted Answer

A) True 
 B)False  True

Question 3

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n)_____.

Accepted Answer

A)  counterclaim 
B)  affirmative defense 
C)  cross-claim 
D)  dissenting opinion 
A)  counterclaim 
B)  affirmative defense 
C)  cross-claim 
D)  dissenting opinion A

Question 4

Which of the following statements is true of pleadings?

Accepted Answer

A)  The first step in starting a lawsuit is the serving of a summons on the defendant. 
B)  These are the first documents filed with the court, and they start and define the lawsuit. 
C)  The case is set for trial on the court calendar once the pleadings have commenced. 
D)  Both disputed and undisputed matters in the pleadings are tried in court. 
A)  The first step in starting a lawsuit is the serving of a summons on the defendant. 
B)  These are the first documents filed with the court, and they start and define the lawsuit. 
C)  The case is set for trial on the court calendar once the pleadings have commenced. 
D)  Both disputed and undisputed matters in the pleadings are tried in court.

Question 5

Which of the following statements about the adversary system is true?

Accepted Answer

A)  The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. 
B)  The judge, in an adversary system, is actively involved in determining the facts of a case. 
C)  The lawyers, in an adversary system, do not persuade the judge that the other party's view of the facts is in error. 
D)  The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties. 
A)  The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. 
B)  The judge, in an adversary system, is actively involved in determining the facts of a case. 
C)  The lawyers, in an adversary system, do not persuade the judge that the other party's view of the facts is in error. 
D)  The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Question 6

The term amicus curiae means:

Accepted Answer

A)  friendly cure or the amicable resolution to a mediated dispute. 
B)  friend of the court and refers to briefs filed by third parties interested in the outcome of a certain appeal. 
C)  small couriers or the briefs, originally used by foot messengers, which are used to communicate between lawyers and the courts. 
D)  the name for the conductor of an arbitration, a position originally filled by medieval clergy. 
A)  friendly cure or the amicable resolution to a mediated dispute. 
B)  friend of the court and refers to briefs filed by third parties interested in the outcome of a certain appeal. 
C)  small couriers or the briefs, originally used by foot messengers, which are used to communicate between lawyers and the courts. 
D)  the name for the conductor of an arbitration, a position originally filled by medieval clergy.

Question 7

Erik filed a case in a municipal court against Leela for a minor criminal violation.Dissatisfied with the decision of the court,Erik can now appeal the case in a court of record.

Accepted Answer

A) True 
 B)False

Question 8

The function of a judge in the United States differs from that in Europe.Explain.

Accepted Answer

The function of a judge in the United St

Question 9

International arbitration agreements are enforced through multilateral treaties.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following statements is true of the presentation of testimony?

Accepted Answer

A)  Under direct examination, each witness is sworn and then examined by the defendant's attorney. 
B)  A defendant's attorney may cross-examine each witness, trying to raise doubts as to the person's credibility or trustworthiness. 
C)  A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts. 
D)  During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence. 
A)  Under direct examination, each witness is sworn and then examined by the defendant's attorney. 
B)  A defendant's attorney may cross-examine each witness, trying to raise doubts as to the person's credibility or trustworthiness. 
C)  A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts. 
D)  During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence.

Question 11

District courts:

Accepted Answer

A)  only review the legal conclusions reached by lower federal courts. 
B)  are the intermediate courts of the federal court system. 
C)  have both fact-finding and law-finding functions. 
D)  are specialized courts in the federal court system. 
A)  only review the legal conclusions reached by lower federal courts. 
B)  are the intermediate courts of the federal court system. 
C)  have both fact-finding and law-finding functions. 
D)  are specialized courts in the federal court system.

Question 12

When the issue in a case no longer exists or has become pointless,that issue is considered moot.

Accepted Answer

A) True 
 B)False

Question 13

Under the Uniform Arbitration Act,a court:

Accepted Answer

A)  cannot hold that the dispute was not arbitrable under the agreement of the parties. 
B)  will not review the wisdom of the decision of an arbitrator. 
C)  cannot hold that the arbitrator exceeded his or her authority. 
D)  can publish its arbitration awards. 
A)  cannot hold that the dispute was not arbitrable under the agreement of the parties. 
B)  will not review the wisdom of the decision of an arbitrator. 
C)  cannot hold that the arbitrator exceeded his or her authority. 
D)  can publish its arbitration awards.

Question 14

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n)_____.

Accepted Answer

A)  counterclaim 
B)  affirmative defense 
C)  deposition 
D)  judgment notwithstanding the verdict 
A)  counterclaim 
B)  affirmative defense 
C)  deposition 
D)  judgment notwithstanding the verdict

Question 15

In the context of filing a lawsuit,a complaint:

Accepted Answer

A)  must contain sufficient facts to show that the plaintiff is entitled to some legal relief. 
B)  is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. 
C)  was created to help deal with the increasing congestion of cases in most civil courts. 
D)  is a procedural device that is designed to narrow down issues to be proved at trial. 
A)  must contain sufficient facts to show that the plaintiff is entitled to some legal relief. 
B)  is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. 
C)  was created to help deal with the increasing congestion of cases in most civil courts. 
D)  is a procedural device that is designed to narrow down issues to be proved at trial.

Question 16

In a civil case,the plaintiff need not have the preponderance of the evidence on his or her side.

Accepted Answer

A) True 
 B)False

Question 17

Karl,a resident of Ohio,was convicted of a bank robbery worth $90,000 in California.In which of the following courts should his case be filed?

Accepted Answer

A)  Small claims court 
B)  Tax court 
C)  District court 
D)  Justice of peace court 
A)  Small claims court 
B)  Tax court 
C)  District court 
D)  Justice of peace court

Question 18

Which of the following is a criticism of the adversary system?

Accepted Answer

A)  Honest witnesses can be confused by hostile questioning. 
B)  The system concentrates on the competition to win, which discourages overstatement of the truth. 
C)  The judge's role, in the adversary system, is active. 
D)  The system does not work when the opposing lawyers are of unequal skill, giving an advantage to the poor and the needy. 
A)  Honest witnesses can be confused by hostile questioning. 
B)  The system concentrates on the competition to win, which discourages overstatement of the truth. 
C)  The judge's role, in the adversary system, is active. 
D)  The system does not work when the opposing lawyers are of unequal skill, giving an advantage to the poor and the needy.

Question 19

Explain the concept of a motion to dismiss.

Accepted Answer

A defendant may make a motion to dismiss

Question 20

All opinions of the Supreme Court judges can be cited as precedents.

Accepted Answer

A) True 
 B)False

Exam 2: Dispute Settlement

Municipal courts:

A new trial is required for cases remanded by an appellate court.

A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is called a(n)_____.

Which of the following statements is true of pleadings?

Which of the following statements about the adversary system is true?

The term amicus curiae means:

Erik filed a case in a municipal court against Leela for a minor criminal violation.Dissatisfied with the decision of the court,Erik can now appeal the case in a court of record.

The function of a judge in the United States differs from that in Europe.Explain.

International arbitration agreements are enforced through multilateral treaties.

Which of the following statements is true of the presentation of testimony?

District courts:

When the issue in a case no longer exists or has become pointless,that issue is considered moot.

Under the Uniform Arbitration Act,a court:

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n)_____.

In the context of filing a lawsuit,a complaint:

In a civil case,the plaintiff need not have the preponderance of the evidence on his or her side.

Karl,a resident of Ohio,was convicted of a bank robbery worth $90,000 in California.In which of the following courts should his case be filed?

Which of the following is a criticism of the adversary system?

Explain the concept of a motion to dismiss.

All opinions of the Supreme Court judges can be cited as precedents.

Law, Legal Reasoning, and the Legal Profession

Business Ethics and Corporate Social Responsibility

Business and the Constitution

Crimes

Intentional Torts

Negligence and Strict Liability

Licensing and Intellectual Propertypart Two Contracts

The Nature and Origins of Contracts

Creating a Contract: Offers

Creating a Contract: Acceptances

Consideration

Capacity to Contract

Voluntary Consent

Illegality

The Form and Meaning of Contracts

Third Parties Contract Rights

Performance and Remediespart Three Sales

Formation and Terms of Sales Contracts

Warranties and Product Liability

Performance of Sales Contracts

Remedies for Breach of Sales Contractspart Four Agency and Employment

The Agency Relationship-Creation, duties, and Termination

Liability of Principals and Agents to Third Parties

Employment Laws-Part Five Business Organizations

Which Form of Business Organization

Partnerships

Formation and Termination of Corporations

Management of the Corporate Business

Financing the Corporation and the Role of the Shareholders

Securities Regulation

Legal Liability of Accountantspart Six Property

Personal Property and Bailments

Real Property

Landlord and Tenant

Estates and Trusts

Insurance-Part Seven Commercial Paper

Negotiable Instruments

Negotiation and Holder in Due Course

Liability of Parties

Checks and Electronic Fund Transfers-Part Eight Credit Transactions

Introduction to Security

Security Interests in Personal Property

Bankruptcy-Part Nine Government Regulation

The Antitrust Laws

Consumer Protection Laws

Environmental Regulation

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