Deck 2: The Court System and Dispute Resolution

Question 1

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

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

Depositions are usually taken in the courtroom.

Question 11

All courts have original jurisdiction.

Question 12

Garnishment is a procedure accomplished only by attorneys.

Question 13

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

Question 14

The federal court system consists of three levels.

Question 15

State supreme courts generally hear all cases appealed to them.

Question 16

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

Question 17

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

Question 18

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

Question 19

Reversible errors are commonly made by supreme courts.

Question 20

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

Question 21

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 22

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 23

Which of the following is an example of limited or special jurisdiction court?

A)Probate court
B)Juvenile court
C)Domestic Relations court
D)All of the above.

Question 24

State supreme courts primarily have what type of jurisdiction?

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

Question 25

Original jurisdiction courts are generally ____________.

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

Question 26

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

Question 27

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 28

Mediation tends to keep discussions between parties proceeding.

Question 29

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

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

Question 30

If there is a reference to a third party to determine a dispute,in most cases the decision is binding.

Question 31

Arbitration procedures occur in a court of law.

Question 32

Provisions in contracts may actually prevent future lawsuits from occurring.

Question 33

The person who initiates a civil lawsuit is called the:

A)defendant.
B)prosecutor
C)plaintiff.
D)judge.

Question 34

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

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

Question 35

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

Question 36

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

Question 37

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

Question 38

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

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)all of the above.

Question 39

Mediation is a generally accepted method of resolving disputes.

Question 40

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

Question 41

When a defendant asserts that even if everything the plaintiff said is true there is no right to recovery,the defendant is making a:

A)counterclaim.
B)motion to dismiss.
C)motion for summary judgment.
D)deposition.

Question 42

In mediation,the mediator acts as a:

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

Question 43

Which is not considered an alternate means of dispute resolution?

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

Question 44

Garnishment applies to the judgment debtor's:

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

Question 45

The answer to the complaint is filed by the:

A)defendant.
B)prosecutor .
C)plaintiff.
D)judge.

Question 46

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 47

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 48

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?

Question 49

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 50

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

A)mistrial.
B)summary judgment.
C)directed verdict.
D)judgment notwithstanding the verdict.

Question 51

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 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

Judicial Triage:

A)is a court management tool.
B)results in some cases being expedited.
C)results in some cases being postponed.
D)all of the above.

Question 54

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 55

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

A)Judge
B)Jury
C)Attorneys
D)court clerk

Question 56

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 57

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?