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Law
Q:
If two parties to a lawsuit can afford the finances to conduct a mini-trial, would it not be beneficial for them to conduct a complete court trial instead?
Q:
Which of the following statements best represents the distinction between binding and nonbinding arbitration?
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.
Q:
Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?
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.
Q:
In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?
A) negotiation
B) mini-trial
C) e-court
D) fact-finding
Q:
A(n) ________ is a voluntary private proceeding in which lawyers for each side present a shortened version of their case to the representatives of both sides.
A) pretrial hearing
B) arbitration
C) mini-trial
D) appeal
Q:
Which of the following is a method of alternative dispute resolution?
A) pretrial hearing
B) settlement conference
C) appeal
D) fact- finding
Q:
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.
A) negotiation
B) arbitration
C) mini-trial
D) mediation
Q:
Which of the following terms refers to the overturn of verdict when jury misconduct is detected?
A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings
Q:
In a civil case John Deer vs. Jane Doe, the judge finds that the jury was swayed by the fact that Jane Doe was a woman when passing the verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.
A) remittitur
B) judgment notwithstanding the verdict
C) motion for summary judgment
D) motion for judgment on the pleadings
Q:
The appealing party in an appeal is called a(n) ________.
A) appellate
B) appellee
C) respondent
D) petitioner
Q:
Which of the following statements is true about appellate courts?
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.
Q:
What is direct examination?
A) inspection and verification of all documents related to a trial by the judge
B) inspection and verification of all documents related to a trial by the jurors
C) witnesses being questioned by the plaintiff's attorney
D) prospective jurors being questioned by the judge or lawyers of each party
Q:
What is cross-examination?
A) inspection of evidence by the trier of facts
B) prospective jurors being questioned by the judge or lawyers of each party
C) witnesses being questioned by the plaintiff's attorney
D) witnesses being questioned by the defendant's attorney
Q:
Which of the following statements best describes re-direct examination?
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.
Q:
Which of the following statements is true of the plaintiff's case?
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.
Q:
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 ________.
A) rebuttal
B) rejoinder
C) closing argument
D) deliberation
Q:
What is jury deliberation?
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
Q:
A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.
A) motion for judgment on the pleadings
B) motion for summary judgment
C) motion for judgment notwithstanding the verdict
D) motion to set aside judgment
Q:
What is the purpose of a pretrial hearing?
A) requesting the other party to produce all documents relevant to the case
B) assessing the factual accuracy of the deposition of witnesses
C) instructing the judge to decide the case without a jury
D) facilitating the settlement of a case before it goes to trial
Q:
Which of the following statements is true of a court trial?
A) All civil cases are tried with a jury.
B) The judge is the trier of fact in a jury trial.
C) A jury is not required in a trial unless both parties request one.
D) Prospective jurors are questioned by lawyers for each party.
Q:
________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.
A) Consolidation
B) Trial of fact
C) Voir dire
D) Intervention
Q:
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?
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
Q:
The statute of limitations establishes the period within which ________.
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
Q:
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?
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.
Q:
The term ________ refers to the oral testimony given by a party or witness prior to trial.
A) class action
B) deposition
C) interrogatory
D) intervention
Q:
Which of the following statements is true of deposition?
A) A deposition has to be a written statement.
B) A witness' deposition is voluntary and not pursuant to a court order.
C) Deposition is given post trial.
D) A deponent is given a chance to correct his or her deposition.
Q:
________ are written questions submitted by one party to a lawsuit to another party.
A) Depositions
B) Rejoinders
C) Interrogatories
D) Summons
Q:
A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.
A) rejoinder
B) answer
C) reply
D) plea
Q:
The act of other interested parties joining as parties to an existing lawsuit is termed as ________.
A) intervention
B) consolidation
C) class action
D) arbitration
Q:
Which of the following can be filed by the defendant of a lawsuit?
A) complaint
B) answer
C) reply
D) injunction
Q:
In which of the following cases does a class action occur?
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.
Q:
Which of the following statements is true about the pretrial litigation process?
A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant's liability.
Q:
Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.
Q:
In a litigation process, the party who files a complaint is called the ________.
A) bailiff
B) plaintiff
C) prosecutor
D) defendant
Q:
Once a complaint has been filed with the court, the court will issue a ________, directing the defendant to appear in court.
A) answer
B) rejoinder
C) summons
D) judicial restraint
Q:
In which of the following cases is a default judgment entered?
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.
Q:
A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.
A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal
Q:
Only the defendant can appeal in a criminal case.
Q:
In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.
Q:
A pretrial hearing is also known as a settlement conference.
Q:
Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.
Q:
A trial is conducted with a jury only when the defendant requests a jury trial.
Q:
After a witness is sworn in, he or she is cross-examined by the plaintiff's attorney.
Q:
In a rejoinder, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal.
Q:
A plaintiff can appeal for the extension of the statute of limitations and sue the defendant.
Q:
A deposition is oral testimony given by a party or witness during the trial.
Q:
Interventions are written questions submitted by one party to a lawsuit to the other party.
Q:
A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial.
Q:
Motions for summary judgment are supported by evidence outside of the pleadings.
Q:
The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.
Q:
When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.
Q:
A class action lawsuit is certified only if there is commonality among the plaintiffs' claims.
Q:
In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.
Q:
A defendant can answer a complaint and file a cross-complaint at the same time.
Q:
Discuss the need and significance of the long-arm statute.
Q:
Compare and contrast between in rem and quasi in rem jurisdiction.
Q:
Describe the need for forum-selection and choice of law clauses.
Q:
Once a default judgment is established, the plaintiff only has to prove damages.
Q:
A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.
Q:
A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.
Q:
________ refers to a rule issued by an administrative agency that has the force of law and to which covered persons and businesses must adhere.
Q:
________ refers to a federal statute that establishes procedures for federal administrative agencies to follow while conducting their affairs.
Q:
An administrative law judge's decision is issued in the form of a(n) ________.
Q:
Decisions of administrative law judges are subject to ________.
Q:
What is the jurisdiction of the U.S. Supreme Court?
Q:
Administrative law is a combination of substantive administrative law and ________.
Q:
The Department of Homeland Security, the federal Food and Drug Administration (FDA), the National Labor Relations Board (NLRB), and the Equal Employment Opportunity Commission (EEOC) are all examples of ________.
Q:
________ are created by legislative branches of state to administer state regulatory laws.
Q:
________ are created by cities, municipalities, and counties to administer local regulatory law.
Q:
________ refers to the law that governments enact to regulate industries, businesses, and professionals.
Q:
________ refers to the federal statute enacted by Congress, or the state statute enacted by a state legislature, that is enforced by the administrative agency.
Q:
________ refers to a court that hears appeals from trial courts.
Q:
The geographical area served by each U.S. court of appeals is referred to as a ________.
Q:
________ refers to a court's jurisdiction over the parties to a lawsuit.
Q:
________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.
Q:
________ are created by the government to enforce regulatory statutes.
Q:
Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation?
A) The Arkansas state court will hear this case as it has in personam jurisdiction over George.
B) The Arkansas state court has in rem jurisdiction to hear this case.
C) The Oklahoma state court has in rem jurisdiction to hear this case.
D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.
Q:
Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill?
A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment
B) file another case against Terry in the Wyoming state court to collect the money against Terry's property
C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money
D) file a case in the Colorado federal court as this qualifies as a federal question case
Q:
________ refers to a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.
A) Jurisdiction
B) Venue
C) Circuit
D) Doctrine of stare decisis
Q:
Donald, who is a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, who is a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case?
A) state court in Louisiana because the plaintiff is from Louisiana
B) state court in Texas because the defendant is from Texas
C) Oklahoma federal court because the robber has committed a federal crime
D) Oklahoma County Court because it is nearest in location to the scene of the crime