Question 1

Jurisdiction can be described as
A)the study of law.
B)the authority of a court to decide a particular type of case.
C)court cases involving the U.S. Constitution or a federal statute.
D)the burden of proof.

Accepted Answer

Jurisdiction is the authority of a court to decide a particular type of case or to hear a case brought before it. It is important to determine which court has jurisdiction over a case to ensure that the case is heard and resolved properly.

Question 2

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

Primary methods of alternative dispute resolution do not include litigation, which is a traditional legal process. ADR methods include mediation, arbitration, negotiation, and collaborative law.

Question 3

After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Accepted Answer

This is true. A defendant typically files an answer after being served with a complaint and summons, which responds to each allegation in the complaint.

Question 4

In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Accepted Answer

There are two main types of federal court jurisdiction: federal question jurisdiction and diversity jurisdiction. Federal question jurisdiction applies when a case involves a question of federal law. Diversity jurisdiction applies when the parties are from different states and the amount in dispute exceeds $75,000. However, federal question jurisdiction does not require a specified amount in dispute.

Question 5

A summons is a paper ordering a defendant to appear in court at a certain time.

Accepted Answer

The answer of A summons is a paper ordering a...

Question 6

In alternative dispute resolution (ADR), most cases are resolved through
A)litigation.
B)negotiation.
C)mediation.
D)lawsuits.

Accepted Answer

The answer of In alternative dispute resolution (ADR), most cases...

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

In mediation, the mediator (Thurman in this case) helps disputants (Martin and Daulton) reach a mutually acceptable agreement, but does not make decisions for them. If they must accept Thurman's decision, it would be arbitration, not mediation.

Question 8

Which of the following statements is most accurate regarding appellate courts?
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.

Accepted Answer

Appellate courts generally do not hear new evidence and testimony, but rather review the record of the trial court to determine if there were any errors of law or procedure. They also generally accept the factual findings of the trial court unless there is clear error or insufficient evidence. Both state and federal court systems have appellate courts, and they hear both criminal and civil cases.

Question 9

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

Emails and their attachments are often subject to pretrial discovery, as they can be considered evidence in legal proceedings. However, certain types of emails may be protected under attorney-client privilege or work product doctrine.

Question 10

If interrogatories are being used as a form of discovery, the party being questioned must generally answer all the questions orally under oath.

Accepted Answer

Interrogatories are written questions that the party being questioned must answer in writing, under oath. They are not answered orally.

Question 11

The fastest-growing method of dispute resolution in the United States is
A)arbitration.
B)negotiation.
C)mediation.
D)litigation.

Accepted Answer

Mediation is the fastest-growing method of dispute resolution in the United States, as it allows for a neutral third party to facilitate a discussion and reach a mutually agreeable solution. It is less formal and less expensive than litigation, and parties have more control over the outcome. Arbitration is also a popular method, but it has not been growing as rapidly as mediation. Negotiation and litigation are both traditional methods, but they are not experiencing the same level of growth as mediation.

Question 12

In reaching its verdicts, appellate courts conduct trials and rehear all evidence.

Accepted Answer

Appellate courts do not conduct trials or rehear all evidence. They review the lower court's record and determine if any legal errors occurred during the trial or if the lower court's decision was based on incorrect interpretations of the law. They do not hear new evidence or conduct trials.

Question 13

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Accepted Answer

Injunctions are typically decided by a judge, not a jury, and the value of the materials is not relevant to the decision.

Question 14

Generally, mandatory arbitration provisions in a contract are valid.

Accepted Answer

The Federal Arbitration Act (FAA) generally favors the enforcement of mandatory arbitration provisions in contracts. However, there are some exceptions and limitations to the enforceability of these provisions, such as when they are unconscionable or in cases of certain statutory violations.

Question 15

What two conditions must exist for federal courts to have diversity jurisdiction?
A)An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000.
B)The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000.
C)The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000.
D)The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Accepted Answer

For federal courts to have diversity jurisdiction, two conditions must exist: (1) the plaintiff and defendant must be citizens of different states and (2) the amount in dispute must exceed $75,000. Choice A is incorrect because the amount in dispute must exceed $75,000, not $50,000. Choice B is incorrect because the plaintiff and defendant being from the same family is not a requirement for diversity jurisdiction. Choice C is incorrect because trying a case in two different states with two different outcomes does not relate to diversity jurisdiction.

Question 16

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Accepted Answer

In a civil case, the plaintiff must prove their case by a preponderance of the evidence, which means it is more likely than not that their claims are true. Beyond a reasonable doubt is the standard of proof required in a criminal case.

Question 17

Small claims courts have jurisdiction over settling the estates of deceased persons.

Accepted Answer

Small claims courts do not have jurisdiction over settling the estates of deceased persons. This is typically handled by probate courts.

Question 18

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

Summary judgment is appropriate when the facts of a case are not in dispute, and there is no need for a trial to determine the outcome. It is often used when one party believes they are entitled to a judgment in their favor based on the undisputed facts of the case.

Question 19

A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

Accepted Answer

A peremptory challenge allows an attorney to excuse a juror without giving a reason.

Question 20

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Accepted Answer

This is known as the harmless error doctrine, which allows an appeals court to uphold a trial court's decision even if the trial court made an error that did not affect the outcome of the case.

Quiz 3: Dispute Resolution

Jurisdiction can be described as