Question 1

The mediator in a mediation has the power to force the parties to come to a settlement.

Accepted Answer

A) True 
 B)False

Question 2

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

Accepted Answer

A) True 
 B)False

Question 3

Judicial Triage is all of the following except:

Accepted Answer

A)   a court management tool.
B)   results in some cases being expedited.
C)   results in some cases being postponed.
D)   a directed verdict.E) A) and B)
F) A) and C)

Question 4

The types of civil cases that a private citizen can file in federal district courts include:

Accepted Answer

A)   cases in which any state in the United States is one of the parties.
B)   cases between citizens of different states that involve damages of $75,000 or more.
C)   cases brought by the citizen of one state against the state government of the same state.
D)   criminal charges against a state representative.E) A) and C)
F) All of the above

Question 5

The defendant in a civil case is the party who is suing.

Accepted Answer

A) True 
 B)False

Question 6

In a minitrial:

Accepted Answer

A)   only three jurors are used.
B)   the trial addresses only portions of the case or certain issues related to the case.
C)   the decision is always fully binding on the parties.
D)   none of these.E) None of the above
F) A) and D)

Question 7

The decision of an association tribunal is binding on both the association member and the consumer.

Accepted Answer

A) True 
 B)False

Question 8

When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n)  _______ by defense counsel.

Accepted Answer

A)   a background check, cross-examination
B)   direct examination, recross-examination
C)   redirect examination, cross-examination
D)   direct examination, cross-examinationE) None of the above
F) B) and C)

Question 9

A motion for a directed verdict occurs immediately after the last pleading is filed.

Accepted Answer

A) True 
 B)False

Question 10

State supreme courts generally hear all cases appealed to them.

Accepted Answer

A) True 
 B)False

Question 11

If questions of fact are involved, a judge will usually decide the case based on the pleadings alone.

Accepted Answer

A) True 
 B)False

Question 12

A summary jury trial is:

Accepted Answer

A)   binding on the parties.
B)   a mock trial.
C)   a full and complete hearing of all evidence pertaining to the case.
D)   a shortcut to establishing judicial precedent.E) A) and B)
F) None of the above

Question 13

A motion for a directed verdict is appropriate:

Accepted Answer

A)   immediately after the pleadings are filed.
B)   immediately after discovery is concluded.
C)   immediately after the presentation of all evidence at trial.
D)   on appeal.E) A) and B)
F) None of the above

Question 14

The _____ rule(s)  on the admissibility of evidence.

Accepted Answer

A)   Judge
B)   Jury
C)   Attorneys
D)   court clerkE) A) and B)
F) C) and D)

Question 15

In mediation, the mediator acts as a(n) :

Accepted Answer

A)   judge.
B)   attorney.
C)   messenger.
D)   expert witness.E) A) and B)
F) A) and C)

Question 16

Which is not considered an alternate means of dispute resolution?

Accepted Answer

A)   civil lawsuit
B)   arbitration
C)   association tribunals
D)   minitrialE) A) and B)
F) B) and C)

Question 17

An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.

Accepted Answer

A) True 
 B)False

Question 18

The United States Supreme Court was created by:

Accepted Answer

A)   Congress.
B)   the President.
C)   the Uniform State Law Commission.
D)   the U.S. ConstitutionE) A) and C)
F) All of the above

Question 19

The federal court system consists of three levels.

Accepted Answer

A) True 
 B)False

Question 20

When a defendant files a(n)  _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.

Accepted Answer

A)   counterclaim.
B)   motion to dismiss.
C)   motion for summary judgment.
D)   notice of service.E) B) and C)
F) A) and D)

Exam 2: The Court System and Dispute Resolution

State supreme courts generally hear all cases appealed to them.

Correct AnswerverifiedShow Answer

When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel.

Correct AnswerverifiedShow Answer

An en banc decision within a U.S. Court of Appeal only requires a panel of three judges.

Correct AnswerverifiedShow Answer

If questions of fact are involved, a judge will usually decide the case based on the pleadings alone.

Correct AnswerverifiedShow Answer

The United States Supreme Court was created by:

Correct AnswerverifiedShow Answer

In mediation, the mediator acts as a(n) :

Correct AnswerverifiedShow Answer

The decision of an association tribunal is binding on both the association member and the consumer.

Correct AnswerverifiedShow Answer

A summary jury trial is:

Correct AnswerverifiedShow Answer

The federal court system consists of three levels.

Correct AnswerverifiedShow Answer

The mediator in a mediation has the power to force the parties to come to a settlement.

Correct AnswerverifiedShow Answer

The _____ rule(s) on the admissibility of evidence.

Correct AnswerverifiedShow Answer

A motion for a directed verdict occurs immediately after the last pleading is filed.

Correct AnswerverifiedShow Answer

When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense.

Correct AnswerverifiedShow Answer

A motion for a directed verdict is appropriate:

Correct AnswerverifiedShow Answer

The types of civil cases that a private citizen can file in federal district courts include:

Correct AnswerverifiedShow Answer

Which is not considered an alternate means of dispute resolution?

Correct AnswerverifiedShow Answer

When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.

Correct AnswerverifiedShow Answer

In a minitrial:

Correct AnswerverifiedShow Answer

The defendant in a civil case is the party who is suing.

Correct AnswerverifiedShow Answer

Judicial Triage is all of the following except:

Correct AnswerverifiedShow Answer

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When testifying at trial, the witness for the plaintiff will undergo _ by the plaintiff's attorney, and a(n) _ by defense counsel.

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