Question 1

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 that it is more likely than not that their claims are true. The standard of proof for criminal cases is beyond a reasonable doubt.

Question 2

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Accepted Answer

A state trial court of general civil jurisdiction typically does not have a monetary limit on the cases it can hear, and it can handle a wide range of civil cases, including those mentioned, without a specific monetary cap like $50 million.

Question 3

An appeals court must remand any cases in which it finds the trial court's instructions to the jury were wrong.

Accepted Answer

An appeals court may remand a case if it finds the trial court's instructions were wrong, but it is not obligated to do so in every instance. The decision depends on whether the error was deemed harmful or prejudicial to the outcome.

Question 4

Advantages of Alternative Dispute Resolution (ADR)include that ADR:
A) is faster than litigation.
B) keeps the parties talking rather than fighting.
C) is less expensive than litigation.
D) All of the above are advantages of ADR.

Accepted Answer

ADR is faster than litigation, as it avoids the lengthy court process. It also keeps the parties talking rather than fighting, which can help preserve relationships and allows for more flexible and creative solutions. Additionally, ADR is often less expensive than litigation, as it involves fewer court fees and legal expenses. Therefore, all of the above are advantages of ADR.

Question 5

Roberto,who is seeking an injunction,has the right to have a jury decide his case.

Accepted Answer

Injunctions are typically decided by a judge, not a jury. Juries are usually reserved for cases involving disputes of fact.

Question 6

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 reject a potential juror without providing a reason.

Question 7

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

Accepted Answer

According to various studies and surveys, mediation is increasingly becoming the fastest growing method of dispute resolution in the United States. This is largely due to its many advantages, such as cost-effectiveness, confidentiality, flexibility, and collaborative problem-solving. Mediation also allows parties to maintain more control over the outcome and often leads to more sustainable and mutually beneficial agreements compared to other methods like litigation or arbitration.

Question 8

A summons is a paper ordering a defendant to ans a complaint within a certain time.

Accepted Answer

A summons is a legal document that requires a defendant to respond to a complaint or appear before a court. It typically includes information about the lawsuit or legal dispute and outlines the defendant's legal obligations and rights. The defendant must respond to the summons within a specific timeframe or face legal consequences such as a judgment against them.

Question 9

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

Mandatory arbitration provisions in a contract are generally valid and enforceable under the Federal Arbitration Act, unless the provision is unconscionable or there is evidence of fraud, duress, or a lack of mutual assent.

Question 10

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

The statement is incorrect; primary methods of alternative dispute resolution do not include litigation, as litigation is considered traditional dispute resolution. Alternative dispute resolution typically includes mediation, arbitration, negotiation, and collaborative law.

Question 11

Jurisdiction is:
A) the study of law.
B) the authority of a court to decide a particular type of case.
C) a federal court concept.
D) applicable only to appeals courts.

Accepted Answer

Jurisdiction is the authority of a court to decide a particular type of case. It applies to all courts, not just federal ones or appeals courts. While the study of law may include the concept of jurisdiction, it is not the same thing.

Question 12

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 types of federal jurisdiction: federal question jurisdiction, which involves cases arising under the Constitution, laws, or treaties of the United States, and diversity jurisdiction, which involves cases where the parties are from different states and the amount in controversy is over $75,000. Therefore, federal jurisdiction can be established with either a federal question involved OR at least $75,000 in dispute, not both.

Question 13

The trier of fact can be either a judge or a jury.

Accepted Answer

The trier of fact can be either a judge or a jury, depending on the jurisdiction and the type of case. In some cases, such as small claims court or administrative hearings, the judge may act as the sole trier of fact. In other cases, such as criminal trials or civil disputes, a jury may be selected to act as the trier of fact, with the judge acting as the legal interpreter and enforcer.

Question 14

For diversity purposes,a corporation is considered a resident of its state of incorporation AND the state in which it has its principal place of business.

Accepted Answer

This is known as the "nerve center" test and is used to determine a corporation's state of residency for diversity jurisdiction purposes. A corporation is considered a resident of both the state of incorporation and the state in which it has its nerve center, or principal place of business.

Question 15

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Accepted Answer

This is not true. The Constitution prohibits a person from holding both a federal and state judicial office at the same time (see the dual officeholding clause in Article I, Section 6 of the Constitution). Judge Abbott would have to resign from one position to serve in the other.

Question 16

James and Neal have been trying to resolve a dispute over the right to use a certain character to represent Neal's business.They have talked directly with each other and through lawyers,but have not taken the dispute to court or involved a third party who is neutral to the situation.Neal and James are engaged in:
A) mediation.
B) negotiation.
C) arbitration.
D) litigation.
E) It cannot be determined from the information given.

Accepted Answer

James and Neal are engaging in negotiations as they are trying to resolve their dispute through discussions directly or through lawyers, without involving any third party. Mediation involves involving a neutral third party to assist in negotiating a resolution, arbitration involves a neutral third party making a binding decision, and litigation involves taking the dispute to court.

Question 17

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

Accepted Answer

Mediation is a voluntary process and the mediator cannot force the parties to reach an agreement. It is possible that after the mediation, the parties still have some disagreements or they may reach an impasse. Therefore, Martin and Daulton may not necessarily come away from the mediation with their dispute resolved, even if it was ordered by the court.

Question 18

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 cannot be retained in an arbitration agreement as arbitration is typically a private, individual process.

Question 19

During a deposition,a potential witness or a party must generally ans all the questions under oath.

Accepted Answer

During a deposition, the witness or party is under oath and generally must answer all the questions asked, unless a valid objection is raised.

Question 20

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 clear and there is no dispute as to what happened. If there are essential facts in dispute, then the case must go to trial so that a judge or jury can determine what actually happened.

Quiz 3: Dispute Resolution