Question 1

A deposition is a pretrial discovery device,which consists of sworn testimony of a witness or the opposing party.

Accepted Answer

A) True 
 B)False  True

Question 2

Judges who serve in the U.S.Courts of Appeals receive lifetime appointments from the President,subject to confirmation by the Senate.

Accepted Answer

A) True 
 B)False  True

Question 3

In which of the following areas do special state trial courts have jurisdiction?

Accepted Answer

A) Traffic offenses. 
B) Administration of wills and estates. 
C) Family courts with jurisdiction over divorce and child custody cases. 
D) Both (b) and (c) are correct. 
E) None of the above. 
A) Traffic offenses. 
B) Administration of wills and estates. 
C) Family courts with jurisdiction over divorce and child custody cases. 
D) Both (b) and (c) are correct. 
E) None of the above. D

Question 4

The purpose of pleadings is to give notice and to establish the issues of fact and law that the parties dispute.

Accepted Answer

A) True 
 B)False

Question 5

Stare decisis has no application in a dual court system.

Accepted Answer

A) True 
 B)False

Question 6

The definition of in rem jurisdiction is jurisdiction based on claims against property.

Accepted Answer

A) True 
 B)False

Question 7

The legal concept which deals with the location where a lawsuit should be brought is:

Accepted Answer

A) venue. 
B) in personam jurisdiction. 
C) subject matter jurisdiction. 
D) stare decisis. 
A) venue. 
B) in personam jurisdiction. 
C) subject matter jurisdiction. 
D) stare decisis.

Question 8

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

Accepted Answer

A) True 
 B)False

Question 9

Appellate judges can reverse a decision of the trial court:

Accepted Answer

A) where any error below is found. 
B) only where there was a prejudicial error that substantially affected the appellant's rights and duties. 
C) only where the outcome of the case is clearly wrong. 
D) where the losing party desires a new trial. 
A) where any error below is found. 
B) only where there was a prejudicial error that substantially affected the appellant's rights and duties. 
C) only where the outcome of the case is clearly wrong. 
D) where the losing party desires a new trial.

Question 10

Most long-arm statutes allow courts to obtain jurisdiction over nonresident defendants if:

Accepted Answer

A) the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. 
B) the defendant has committed a tort within the state. 
C) Both (a) and (b). 
D) None of the above; courts only have jurisdiction of persons domiciled in that state. 
A) the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. 
B) the defendant has committed a tort within the state. 
C) Both (a) and (b). 
D) None of the above; courts only have jurisdiction of persons domiciled in that state.

Question 11

If Alice,a resident of Ohio,has obtained a valid judgment against Bill,a resident of Kentucky:

Accepted Answer

A) Alice can attach Bill's automobile in Ohio to satisfy her court judgment. 
B) Alice must go to Kentucky to satisfy her judgment. 
C) Alice has no recourse against Bill because he has left the state. 
D) Ohio has no jurisdiction over Bill because he is a resident of Kentucky. 
A) Alice can attach Bill's automobile in Ohio to satisfy her court judgment. 
B) Alice must go to Kentucky to satisfy her judgment. 
C) Alice has no recourse against Bill because he has left the state. 
D) Ohio has no jurisdiction over Bill because he is a resident of Kentucky.

Question 12

Which of the following is NOT considered to be an alternative method of dispute resolution?

Accepted Answer

A) Special verdict. 
B) Negotiation. 
C) Conciliation. 
D) Mediation. 
A) Special verdict. 
B) Negotiation. 
C) Conciliation. 
D) Mediation.

Question 13

When a trial is conducted with a jury,the judge determines issues of __________ and the jury determines questions 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 14

Arbitration may be preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

Accepted Answer

A) True 
 B)False

Question 15

What are the ways that cases may reach the U.S.Supreme Court?

Accepted Answer

A) Appeal by right. 
B) Writ of certiorari. 
C) Writ in personam. 
D) (a) and (b), but not (c) 
A) Appeal by right. 
B) Writ of certiorari. 
C) Writ in personam. 
D) (a) and (b), but not (c)

Question 16

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

Accepted Answer

A) Exclusive federal 
B) Subject matter 
C) Concurrent federal 
D) None of the above 
A) Exclusive federal 
B) Subject matter 
C) Concurrent federal 
D) None of the above

Question 17

The U.S.District Court is the trial level court in the federal court system.

Accepted Answer

A) True 
 B)False

Question 18

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

Accepted Answer

A) True 
 B)False

Question 19

Patricia has a valid judgment against David,which she now wishes to execute.David has no assets in the state where the judgment was entered.He has now moved to California where rumor has it he owns thousands of acres of beach-front property.Patricia may execute her judgment in California based on what type of jurisdiction?

Accepted Answer

A) Subject matter jurisdiction. 
B) Concurrent federal jurisdiction. 
C) Quasi in rem jurisdiction. 
D) Diversity of citizenship jurisdiction. 
A) Subject matter jurisdiction. 
B) Concurrent federal jurisdiction. 
C) Quasi in rem jurisdiction. 
D) Diversity of citizenship jurisdiction.

Question 20

If the judge denies a defendant's motion for __________,then the defendant has the opportunity to present witnesses.However,if the judge grants the motion,then the defendant automatically wins the case and does not need to present any evidence.

Accepted Answer

A) a new trial 
B) a directed verdict 
C) an offer of proof 
D) change of venue 
A) a new trial 
B) a directed verdict 
C) an offer of proof 
D) change of venue

Exam 3: Civil Dispute Resolution

A deposition is a pretrial discovery device,which consists of sworn testimony of a witness or the opposing party.

Judges who serve in the U.S.Courts of Appeals receive lifetime appointments from the President,subject to confirmation by the Senate.

In which of the following areas do special state trial courts have jurisdiction?

The purpose of pleadings is to give notice and to establish the issues of fact and law that the parties dispute.

Stare decisis has no application in a dual court system.

The definition of in rem jurisdiction is jurisdiction based on claims against property.

The legal concept which deals with the location where a lawsuit should be brought is:

Jurisdiction is defined as the power or authority of a court to hear and decide a given case.

Appellate judges can reverse a decision of the trial court:

Most long-arm statutes allow courts to obtain jurisdiction over nonresident defendants if:

If Alice,a resident of Ohio,has obtained a valid judgment against Bill,a resident of Kentucky:

Which of the following is NOT considered to be an alternative method of dispute resolution?

When a trial is conducted with a jury,the judge determines issues of __________ and the jury determines questions of __________.

Arbitration may be preferred over litigation because the quality of the arbitrator's decision is often higher than that available through the court system.

What are the ways that cases may reach the U.S.Supreme Court?

__________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.

The U.S.District Court is the trial level court in the federal court system.

A counterclaim is a document filed by a defendant denying the allegations of the complaint.

If the judge denies a defendant's motion for __________,then the defendant has the opportunity to present witnesses.However,if the judge grants the motion,then the defendant automatically wins the case and does not need to present any evidence.

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

Filters

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