Question 1

The function of appellate courts is to examine the record of a case on appeal and to determine whether the trial court committed prejudicial error.

Accepted Answer

Appellate courts review the record of a case from the lower court to determine if there were any legal errors that significantly affected the outcome of the case. They do not conduct new trials or hear new evidence.

Question 2

When a trial is conducted with a jury, the judge determines issues of law and the jury determines questions of fact.

Accepted Answer

In a jury trial, the judge is responsible for ruling on legal issues, such as what evidence is admissible and the interpretation of laws, while the jury is tasked with determining the facts of the case based on the evidence presented.

Question 3

To resolve a lawsuit, a court must have __________ different types of jurisdiction.

Accepted Answer

To resolve a lawsuit, a court must have two different types of jurisdiction: subject matter jurisdiction, which gives the court the authority to hear the type of case being brought, and personal jurisdiction, which gives the court authority over the parties involved in the lawsuit.

Question 4

Which of the following are pleadings?

Accepted Answer

Pleadings are formal documents filed with the court that state the parties' basic positions. Common types of pleadings include complaints, answers, and replies. A summons, while related to the pleadings process, is actually a document issued by the court to notify a defendant of the legal action.

Question 5

All methods of alternative dispute resolution, such as arbitration, mediation, conciliation, and negotiation, involve a third party to help resolve the dispute.

Accepted Answer

Negotiation does not necessarily involve a third party; it is a process where the parties involved in the dispute directly communicate with each other to resolve their issues.

Question 6

A decision of the Supreme Court of Washington would always be binding on:

Accepted Answer

A decision of the Supreme Court of Washington is binding on all lower state courts in Washington, including state trial courts, because it is the highest court in the state judicial system.

Question 7

In med-arb , the neutral third party serves first as a mediator and, if all issues are not resolved through such mediation, then serves as an arbitrator authorized to render a binding decision on the remaining issues.

Accepted Answer

In med-arb, the process begins with mediation, where the neutral third party attempts to facilitate a mutually agreeable solution between the parties. If unresolved issues remain, the same individual transitions into the role of an arbitrator, making a binding decision on those issues.

Question 8

If the defendant prevails in a certified class action lawsuit, members of the class may be bound by the decision and thus precluded from bringing their own lawsuits with respect to the claims in the class action lawsuit.

Accepted Answer

In a certified class action lawsuit, if the defendant prevails, the judgment is binding on all members of the class who were notified and did not opt out, thereby precluding them from bringing individual lawsuits based on the same claims that were resolved in the class action.

Question 9

Appellate judges can reverse a decision of the trial court:

Accepted Answer

Appellate judges reverse a decision of the trial court only where there was a prejudicial error that substantially affected the appellant's rights and duties. This means that not all errors lead to a reversal unless they have a significant impact on the outcome of the case in a way that adversely affects the appellant.

Question 10

The definition of a default judgment is:

Accepted Answer

A default judgment is issued by a court when a defendant does not respond to a complaint, indicating the defendant's failure to contest or defend against the allegations made by the plaintiff.

Question 11

If the court certifies an action as meeting the criteria for a class action lawsuit and the plaintiffs prevail or reach a settlement, members of the class must each bring their own lawsuits to obtain relief.

Accepted Answer

In a class action lawsuit, if the plaintiffs prevail or reach a settlement, members of the class do not need to bring their own lawsuits to obtain relief. Instead, the relief or settlement is distributed among all class members according to the terms specified by the court or in the settlement agreement.

Question 12

Attorneys for Tigre Corp. and Swindal Co. are entering a structured settlement process whereby they conduct limited discovery and then present evidence to a panel of managers from each company as well as to a neutral retired judge. They are involved in an alternative dispute resolution technique known as a mini-trial.

Accepted Answer

A mini-trial is an alternative dispute resolution process that involves a structured but abbreviated presentation of a case to a panel, often consisting of senior management from each party and a neutral advisor, which fits the description provided.

Question 13

Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

Accepted Answer

State A may exercise long-arm jurisdiction over a defendant located in State B if the defendant made a contract in State A.

Question 14

The U.S. Court of International Trade has worldwide jurisdiction over cases involving international trade and customs issues.

Accepted Answer

The U.S. Court of International Trade has jurisdiction over cases involving international trade and customs issues, but its jurisdiction is limited to the United States.

Question 15

Mark, a resident of Illinois, while driving on the interstate highway, hits Jayce, a resident of Wisconsin, and totally destroys Jayce 's brand new vehicle and injures Jayce . Jayce may bring suit in federal district court:

Accepted Answer

Federal district courts have jurisdiction in cases of diversity of citizenship if the amount in controversy exceeds $75,000.

Question 16

The nonbinding, informal process in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement is known as:

Accepted Answer

Conciliation is a nonbinding, informal process where a third party helps disputing parties reach a mutually acceptable agreement. Unlike arbitration, it's more about guiding parties to a resolution rather than making a decision for them.

Question 17

In AT&T Mobility LLC v. Concepcion , the U.S. Supreme Court held t hat the FAA preempted state law that would have prohibited the enforcement of a consumer arbitration clause requiring consumer complaints to be arbitrated individually instead of on a class-action basis.

Accepted Answer

The U.S. Supreme Court in AT&T Mobility LLC v. Concepcion ruled that the Federal Arbitration Act (FAA) preempts state laws that prohibit contracts from disallowing class-action lawsuits, thereby upholding the enforceability of arbitration agreements that require individual arbitration instead of collective or class-action claims.

Question 18

Harris was awarded $4 million in damages in a malpractice case against Dr. Kelsoe. The doctor's attorney filed a motion for a new trial. The motion may be granted if:

Accepted Answer

The motion for a new trial may be granted if the verdict was against the weight of the evidence, suggesting that the evidence presented during the trial does not support the jury's decision.

Question 19

One method of appealing a case to the U.S. Supreme Court is by:

Accepted Answer

A writ of certiorari is a document that a losing party files with the Supreme Court asking it to review the decision of a lower court. It's the most common method for cases to be taken up by the Supreme Court.

Question 20

When a class action is permitted, the group files the lawsuit with a representative plaintiff, called the "named plaintiff" or "lead plaintiff."

Accepted Answer

In a class action lawsuit, the group of individuals affected by the same issue is represented by a "named plaintiff" or "lead plaintiff," who files the lawsuit on behalf of the entire group.

Quiz 3: Civil Dispute Resolution