Question 1

Arthur sued Benton Corp.for negligence,and a jury awarded him $1.2 million.Benton Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Benton Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (non obstante veredicto o...

Question 2

Federal jurisdiction based upon a "federal question" includes cases based on:

Accepted Answer

A)  the United States Constitution.
B)  a federal statute.
C)  an administrative agency4s decision.
D)  All of the above.E) B) and C)
F) C) and D)

Question 3

When an appellate court hears a case,it may:

Accepted Answer

A)  affirm the decision.
B)  reverse the decision.
C)  modify the decision.
D)  All the above are correct.E) A) and B)
F) A) and C)

Question 4

When the Supreme Court issues a writ of certiorari,that means that:

Accepted Answer

A)  the Court overrules the Court of Appeal's decision.
B)  the Court states that it doesn't have jurisdiction over the case.
C)  the Court agrees to hear the case.
D)  the Court's decision is unanimous.E) B) and D)
F) A) and C)

Question 5

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

the advantages of arbitration include us...

Question 6

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Accepted Answer

A)  federal court in Idaho.
B)  state court in Idaho.
C)  federal court in Wyoming.
D)  federal court in Oregon.E) B) and C)
F) A) and B)

Question 7

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Accepted Answer

A) True 
 B)False  False

Question 8

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

Accepted Answer

A)  mediate the claim with the advertiser.
B)  bring an individual lawsuit against the advertiser in a state appellate court.
C)  bring an individual lawsuit in a U.S.District Court.
D)  become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.E) A) and B)
F) C) and D) D

Question 9

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

Accepted Answer

A)  an adversary system.
B)  a inquisitorial system.
C)  a state court of original jurisdicion.
D)  a mediation system.E) All of the above
F) None of the above

Question 10

Briefly describe the process of jury selection.

Accepted Answer

the process of jury selection is called ...

Question 11

A jury decision in a civil case:

Accepted Answer

A)  must be unanimous.
B)  must be reached in the same day the case is heard.
C)  depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict.
D)  is achieved by informal deliberations.E) A) and B)
F) B) and C)

Question 12

Jane,a resident of Minnesota,is suing Arthur,an accountant,from Wisconsin,claiming that because of his poor advice,she lost $ 60,000.Jane has the option to bring the case to federal court.

Accepted Answer

A) True 
 B)False

Question 13

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Accepted Answer

A)  may not be decided by a federal court since it involves a state facility.
B)  must be decided by the state court where the inmate established residency before going to prison.
C)  is a federal question case over which the federal courts have jurisdiction.
D)  cannot be heard, as prisoners lose the right to sue.E) B) and C)
F) B) and D)

Question 14

Advantages of Alternative Dispute Resolution (ADR) include:

Accepted Answer

A)  ADR is faster than litigation.
B)  ADR keeps the parties talking rather than fighting.
C)  ADR is less expensive than litigation.
D)  All of the above are advantages of ADR.E) All of the above
F) A) and B)

Question 15

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 16

The most accurate statement regarding appellate courts is:

Accepted Answer

A)  appellate courts often hear new evidence and testimony.
B)  appellate courts generally accept the factual findings of the trial court.
C)  only the federal court system has appellate courts.
D)  appellate courts hear only criminal cases.E) A) and B)
F) A) and C)

Question 17

A United States district court is:

Accepted Answer

A)  the primary federal trial court.
B)  an appellate court.
C)  a small claims court only.
D)  none of the above.E) A) and B)
F) None of the above

Question 18

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 19

After the plaintiff has presented her case,the defendant may be granted a:

Accepted Answer

A)  directed verdict.
B)  summary judgment.
C)  judgment n.o.v.
D)  judgment on the pleadings.E) A) and D)
F) C) and D) A

Question 20

The decision issued by an arbitrator is binding upon the parties.

Accepted Answer

A) True 
 B)False

Exam 3: Dispute Resolution

Arthur sued Benton Corp.for negligence,and a jury awarded him $1.2 million.Benton Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Benton Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Correct AnswerverifiedA judgment NOV (non obstante veredicto o...View AnswerShow Answer

Federal jurisdiction based upon a "federal question" includes cases based on:

Correct AnswerverifiedShow Answer

When an appellate court hears a case,it may:

Correct AnswerverifiedShow Answer

When the Supreme Court issues a writ of certiorari,that means that:

Correct AnswerverifiedShow Answer

What are the advantages and disadvantages of using arbitration rather than litigation?

Correct Answerverifiedthe advantages of arbitration include us...View AnswerShow Answer

Randi,a resident of Oregon,was involved in a auto accident while in Idaho.The other party lives in Wyoming.Randi wishes to recover the $28,000 cost to repair her car.The most appropriate court for her to file her lawsuit is in a:

Correct AnswerverifiedShow Answer

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Although Martin and Daulton must accept whatever decision Thurman makes,the mediation has the advantage of keeping Martin and Daulton out of court.

Correct AnswerverifiedFalse

Denzil was one of 50,000 people defrauded of $40 in an advertising scam.His best course of action to recover his money is to:

Correct AnswerverifiedD

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:

Correct AnswerverifiedShow Answer

Briefly describe the process of jury selection.

Correct Answerverifiedthe process of jury selection is called ...View AnswerShow Answer

A jury decision in a civil case:

Correct AnswerverifiedShow Answer

Jane,a resident of Minnesota,is suing Arthur,an accountant,from Wisconsin,claiming that because of his poor advice,she lost $ 60,000.Jane has the option to bring the case to federal court.

Correct AnswerverifiedShow Answer

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:

Correct AnswerverifiedShow Answer

Advantages of Alternative Dispute Resolution (ADR) include:

Correct AnswerverifiedShow Answer

Primary methods of alternative dispute resolution include litigation and mediation.

Correct AnswerverifiedShow Answer

The most accurate statement regarding appellate courts is:

Correct AnswerverifiedShow Answer

A United States district court is:

Correct AnswerverifiedShow Answer

Emails and their attachments are not subject to pretrial discovery.

Correct AnswerverifiedShow Answer

After the plaintiff has presented her case,the defendant may be granted a:

Correct AnswerverifiedA

The decision issued by an arbitrator is binding upon the parties.

Correct AnswerverifiedShow Answer

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A judgment NOV (non obstante veredicto o...
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the advantages of arbitration include us...
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False

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D

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the process of jury selection is called ...
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A

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