Deck 2: The Court System and Dispute Resolution

Question 1

All courts have original jurisdiction.

Answer 1

False

Question 2

Generally, the prevailing party in a lawsuit will be awarded the costs of the action, including witness fees and jury fees.

Answer 2

True

Question 3

All federal courts are expressly created by the United States Constitution.

Answer 3

False

Question 4

Reversible errors are commonly made by supreme courts.

Question 5

A court with limited jurisdiction can only hear certain types of cases.

Question 6

The federal court system consists of three levels.

Question 7

Once a lawsuit is commenced, the case must go to the jury.

Question 8

The United States Supreme Court can never function as a court of original jurisdiction.

Question 9

A peremptory challenge to a prospective juror generally can be exercised without giving a reason.

Question 10

State supreme courts generally hear all cases appealed to them.

Question 11

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

Question 12

The power of a court to decide certain types of cases is called jurisdiction.

Question 13

Garnishment is a procedure accomplished only by attorneys.

Question 14

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

Question 15

A family law court is an example of a specialty court.

Question 16

Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

Question 17

To begin a lawsuit, both parties must appear in person and state their claims and defenses in court.

Question 18

A probate court is an example of a general trial court.

Question 19

Depositions are usually taken in the courtroom.

Question 20

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

Question 21

Mediation is a generally accepted method of resolving disputes.

Question 22

A "rent-a-judge" serves as a referee.

Question 23

The power given to courts to hear certain types of cases is called:

A)jurisdiction.
B)mediation.
C)arbitration.
D)summary judgment.

Question 24

Mediation tends to keep discussions between parties proceeding.

Question 25

The Seventh Amendment to the United States Constitution provides for a federal ombudsman.

Question 26

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

Question 27

A person who hears summary jury trials is called an ombudsman.

Question 28

A court is a tribunal established by:

A)the parties to a lawsuit.
B)the government.
C)the parties to a contract.
D)none of the above.

Question 29

A mediator has the power to actually make a decision in a dispute.

Question 30

Original jurisdiction courts are generally what type of courts?

A)supreme courts
B)appellate courts
C)trial courts
D)limited courts

Question 31

The federal court system consists of ____ level(s) of courts.

A)one
B)two
C)three
D)four

Question 32

The Uniform Arbitration Act requires a written agreement to arbitrate an issue.

Question 33

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision.

Question 34

The person who initiates a lawsuit is called the:

A)defendant.
B)moving party.
C)plaintiff.
D)none of the above.

Question 35

State supreme courts primarily have what type of jurisdiction?

A)appellate
B)limited trial court
C)general
D)none of the above

Question 36

An example of limited or special jurisdiction courts would include:

A)probate courts.
B)juvenile courts.
C)equity courts.
D)all of the above.

Question 37

Arbitration procedures occur in a court of law.

Question 38

"Service of process" refers to:

A)a demand letter sent by the plaintiff to the defendant.
B)a reply sent to the plaintiff by the defendant.
C)giving the defendant proper notice that a legal action is pending.
D)a record of the court's preliminary hearing.

Question 39

The types of civil cases that can be brought in federal district courts include:

A)the probate of an estate.
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)none of the above.

Question 40

The United States Supreme Court was created by:

A)Congress.
B)the President.
C)the Uniform State Law Commission.
D)none of the above.

Question 41

A summary jury trial is:

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.

Question 42

Which is not considered an alternate means of dispute resolution?

A)civil lawsuit
B)arbitration
C)association tribunals
D)minitrial

Question 43

Voir dire examination is used in connection with:

A)determining whether the pleadings are valid.
B)jury selection.
C)deciding whether to appeal a trial court decision.
D)none of the above.

Question 44

A deposition:

A)is the testimony of a witness taken under oath.
B)is conducted outside of the courtroom.
C)can be used to impeach a witness.
D)all of the above.

Question 45

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

A)judge
B)jury
C)attorneys
D)court clerk

Question 46

In mediation, the mediator acts as a:

A)judge.
B)attorney.
C)messenger.
D)expert witness.

Question 47

Garnishment applies to the judgment debtor's:

A)wages.
B)attorney fees.
C)land and home.
D)cars.

Question 48

A motion to dismiss a lawsuit on the basis that, even if everything in the complaint were true, the plaintiff would not be entitled to relief is called a motion:

A)to compel
B)to dismiss
C)for summary judgment
D)none of the above

Question 49

Costs generally are awarded to the prevailing party in litigation. Those costs usually include:

A)filing fees.
B)service-of-process fees.
C)deposition transcript costs.
D)all of the above.

Question 50

Billy has a dispute with Sleepdigit Bedspring Company over a number of beds Billy recently purchased from Sleepdigit for use in his hotel. Billy needs to decide whether to pursue litigation or employ an alternative means of dispute resolution. What advantages are most often associated with alternative dispute resolution? Which choice would be most appropriate in this case?

Question 51

The answer to the complaint is filed by the:

A)defendant.
B)moving party.
C)plaintiff.
D)none of the above.

Question 52

In a minitrial:

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 the above.

Question 53

A motion for a directed verdict is appropriate:

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.

Question 54

An ombudsman:

A)is usually a government official.
B)is often appointed by a judge.
C)receives a large amount of judicial power.
D)none of the above.

Question 55

One of the motions that can be made after a verdict has been entered is a motion for a:

A)voluntary nonsuit.
B)compulsory nonsuit.
C)directed verdict.
D)judgment notwithstanding the verdict.

Question 56

Who is entitled to file a motion to dismiss?

A)defendant only
B)plaintiff only
C)both plaintiff and defendant
D)none of the above

Question 57

Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?