Question 1

After the plaintiff has presented her case, the defendant may be granted a
A)directed verdict.
B)summary judgment.
C)judgment NOV
D)judgment on the pleadings.

Accepted Answer

A directed verdict is granted by the judge if the plaintiff has not presented enough evidence to prove their case, and no reasonable jury could find in their favor. It essentially ends the trial and gives a judgement in favor of the defendant without them having to present any evidence. A summary judgment is similar, but it can be requested by either party before trial and is based on the pleadings and evidence presented before trial. Judgment NOV (Non Obstante Veredicto) is granted by the judge after the jury has reached a verdict, but it is contrary to the law or facts presented at trial. Judgment on the pleadings is granted when one party's pleadings are sufficient to decide the case without the need for a trial.

Question 2

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called
A)a request for admission.
B)a request for the production of documents.
C)a deposition.
D)interrogatories.

Accepted Answer

Interrogatories are written questions posed by one party to the other that must be answered truthfully under oath. They are a common form of discovery used in civil litigation.

Question 3

What has been one consequence of the rise of electronic discovery?
A)The creation of a new industry devoted to help law firms sort through the vast amounts of data.
B)A significant reduction in the amount of time law firms devote to discovery.
C)The gradual phasing out of the use of interrogatories and depositions.
D)A decrease in the cost most law firms charge for discovery.

Accepted Answer

The rise of electronic discovery has led to the creation of a new industry focused on providing assistance to law firms for sorting through large amounts of electronic data. This has been a consequence of the increasing amount of electronic data that must be reviewed during the discovery process.

Question 4

Which element of a civil case comes first?
A)answer
B)service
C)complaint
D)discovery

Accepted Answer

The first element of a civil case is the filing of a complaint by the plaintiff.

Question 5

What is the primary trial court in the federal system?
A)Municipal Court
B)U.S. Supreme Court
C)U.S. Claims Court
D)U.S. District Court

Accepted Answer

The U.S. District Court is the primary trial court in the federal system. It has original jurisdiction over most federal cases, including civil and criminal cases. The other options listed are either lower level or higher level courts that do not serve as the primary trial court in the federal system.

Question 6

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.
A)default judgment
B)long-arm statute
C)federal question
D)summary judgment

Accepted Answer

A summary judgment is a ruling by the court that no trial is necessary because there are no essential facts in dispute. Option A, default judgment, is a ruling in favor of one party due to the other party's failure to take action, and options B and C are unrelated to this definition.

Question 7

A party that wants the Supreme Court to review a lower court ruling must
A)present a non obstante veredicto .
B)file a petition for a writ of certiorari .
C)file a petition for a  voir dire .
D)present a motion to dismiss.

Accepted Answer

The correct procedure for a party to request that the Supreme Court review a lower court ruling is to file a petition for a writ of certiorari. This document asks the Supreme Court to grant certiorari, or permission to appeal, and explain why the lower court's decision may be incorrect or in conflict with previous court decisions. A non obstante veredicto is a Latin term for a judgment that disregards the jury's verdict and is not relevant to this context. A voir dire is a process of questioning potential jurors, and a motion to dismiss is a request to end a case before it goes to trial, neither of which are applicable to seeking Supreme Court review.

Question 8

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a
A)judgment on the pleadings.
B)summary judgment.
C)pretrial conference.
D)default judgment.

Accepted Answer

If Monica does not respond to the complaint and summons, Roberto can obtain a default judgment, which is a decision in his favor due to Monica's failure to answer or appear in court.

Question 9

What is the correct order in which a jury trial is conducted?
A)opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict
B)jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict
C)opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict
D)jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict

Accepted Answer

Jury selection is typically the first step in a jury trial, followed by opening statements from both the plaintiff and defendant. The plaintiff then presents their case, followed by the defendant presenting their case. After both parties have concluded their presentations, closing arguments are made and the jury is given instructions before making a verdict. Therefore, option D is the correct order in which a jury trial is conducted.

Question 10

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

Accepted Answer

Constitutional rights are federal issues, and thus, the federal courts have jurisdiction to hear this case.

Question 11

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?
A)litigation
B)arbitration
C)jurisdiction
D)mediation

Accepted Answer

Mediation offers the strongest "win-win" potential because its goal is voluntary settlement through facilitated communication and negotiation between parties. Litigation and arbitration involve a decision made by a judge or arbitrator, which may result in a "winner" and "loser." Jurisdiction refers to the court's authority to hear a case, and does not involve settlement or resolution of the dispute.

Question 12

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made
A)an in camera inspection.
B)a motion to compel answers to interrogatories.
C)a request for admission.
D)a request for the production of documents.

Accepted Answer

The judge made an in camera inspection, which means they reviewed the documents in private without having to disclose them to either party. This allowed the judge to determine if the documents should be made available to the plaintiff without the defendant's objection or interference.

Question 13

Which of the following is NOT an example of a trial court of limited jurisdiction?
A)A probate court
B)A juvenile court
C)A small claims court
D)A general civil division court

Accepted Answer

A general civil division court is a trial court of general jurisdiction, which has the authority to hear and decide cases on a wide range of issues. Examples of cases that may be heard in a general civil division court include personal injury cases, contract disputes, and family law matters. In contrast, trial courts of limited jurisdiction are courts that can only hear specific types of cases, such as small claims cases, traffic violations, or juvenile cases.

Question 14

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
A)an adversary system.
B)a conflict system.
C)an alternative dispute resolution system.
D)a mediation system.

Accepted Answer

The description of presenting conflicting interests to a neutral factfinder is the essence of an adversary system, where each party argues its case with the hope of winning over the neutral decision-maker. This distinguishes it from options such as mediation or alternative dispute resolution, where the parties may seek to find common ground rather than presenting their case to an impartial judge or jury.

Question 15

The Supreme Court will not grant a writ of certiorari unless
A)the case began in a federal court.
B)two or more U.S. courts of appeals have decided the legal issue differently.
C)four of the nine justices vote in favor of hearing the case.
D)it finds that it has diversity jurisdiction over the case.

Accepted Answer

The Supreme Court will only grant a writ of certiorari (agree to hear a case) if at least four of the nine justices agree to do so. The other options listed are not requirements for the Supreme Court to hear a case.

Question 16

In Jones v. Clinton , the court held that
A)Paula Jones did not demonstrate the essential elements for her claim.
B)Paula Jones was entitled to a summary judgment.
C)the case be dismissed because of the President's governmental position.
D)President Clinton failed to comply with a discovery order.

Accepted Answer

The court held that Paula Jones did not demonstrate the essential elements for her claim, leading to the dismissal of her case.

Question 17

In a civil case, the plaintiff must prove the case
A)by a preponderance of the evidence.
B)by clear and convincing evidence.
C)beyond a reasonable doubt.
D)None of these; the burden of proof is on the defendant.

Accepted Answer

In a civil case, the plaintiff must prove their case by a preponderance of the evidence, which means that it is more likely than not that the plaintiff's version of events is true. This burden of proof is lower than the standard used in criminal cases, which is beyond a reasonable doubt. The burden of proof is on the plaintiff, not the defendant.

Question 18

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
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.

Accepted Answer

Becoming part of a class action lawsuit is the best choice as it allows Denzil to join forces with other victims of the scam and increases their chances of recovering their money. It also reduces the cost and time associated with individual lawsuits.

Question 19

Which of the following courts determines facts?
A)U.S. District Court
B)U.S. Supreme Court
C)U.S. Court of Appeals
D)All of these are correct.

Accepted Answer

The U.S. District Court is the trial court where facts are determined. The U.S. Court of Appeals and U.S. Supreme Court are appellate courts that do not determine new facts, but rather review decisions made by lower courts.

Question 20

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?
A)Corrales will render a binding decision.
B)Holt and Collins retain the right to a class action.
C)Holt and Collins give up the right to discovery.
D)Corrales need not give reasons for the decision.

Accepted Answer

The right to a class action is a procedural right that cannot be waived in an arbitration agreement. Therefore, Holt and Collins cannot give up this right through arbitration. All other options are possible outcomes of an arbitration.

Quiz 3: Dispute Resolution

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

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

What has been one consequence of the rise of electronic discovery?

Which element of a civil case comes first?

What is the primary trial court in the federal system?

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

A party that wants the Supreme Court to review a lower court ruling must

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

What is the correct order in which a jury trial is conducted?

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

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made

Which of the following is NOT an example of a trial court of limited jurisdiction?

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

The Supreme Court will not grant a writ of certiorari unless

In Jones v. Clinton , the court held that

In a civil case, the plaintiff must prove the case

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

Which of the following courts determines facts?

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?