Question 1

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1, 2011.If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome?
A)Graham is allowed to sue Alice after appealing for an extension of the statue of limitations.
B)Graham is not allowed to sue Alice, having lost his right to sue her.
C)Graham can sue Alice but will not receive damages.
D)Graham can sue Alice but is not entitled to a jury trial.

Accepted Answer

The statute of limitations has already expired. Graham cannot bring a lawsuit against Alice because he has lost his right to sue her. He cannot appeal for an extension of the statute of limitations after it has already expired.

Question 2

What is cross-examination?
A)inspection of evidence by the trier of facts
B)prospective jurors being questioned by the judge or lawyers of each party
C)witnesses being questioned by the plaintiff's attorney
D)witnesses being questioned by the defendant's attorney

Accepted Answer

Cross-examination refers to the questioning of witnesses by the opposing party's attorney. Therefore, the correct choice is D. Choice A refers to the evaluation of evidence by the decision-maker, choice B refers to jury selection, and choice C refers to the questioning of witnesses by the plaintiff's attorney during direct examination.

Question 3

Which of the following statements is true of deposition?
A)A deposition has to be a written statement.
B)A witness' deposition is voluntary and not pursuant to a court order.
C)Deposition is given post trial.
D)A deponent is given a chance to correct his or her deposition.

Accepted Answer

A deposition does not necessarily have to be a written statement, as it can also be recorded orally. A witness' deposition is typically taken pursuant to a court order, and not voluntarily. Depositions are given before or during trial, not post-trial. The deponent is typically given a chance to review and correct their deposition testimony before it is finalized. Therefore, choice D is the correct statement.

Question 4

What is direct examination?
A)inspection and verification of all documents related to a trial by the judge
B)inspection and verification of all documents related to a trial by the jurors
C)witnesses being questioned by the plaintiff's attorney
D)prospective jurors being questioned by the judge or lawyers of each party

Accepted Answer

Direct examination refers to the questioning of witnesses by the attorney representing the party that called the witness. This is generally done to elicit key information or evidence that supports the party's case. The other options, inspection and verification of documents by the judge or jurors, or questioning of prospective jurors, do not refer to direct examination.

Question 5

Which of the following statements is true about the pretrial litigation process?
A)To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B)If the plaintiff does not answer a complaint, a default judgment is entered against him or her.
C)A plaintiff files a cross-complaint against the defendant to seek damages.
D)A default judgment establishes the defendant's liability.

Accepted Answer

A default judgment is entered against a defendant when they fail to respond to a complaint, effectively establishing the defendant's liability for the claims made in the complaint.

Question 6

In which of the following cases does a class action occur?
A)There are no factual disputes to be decided by the jury.
B)The defendant has multiple grounds for appeal.
C)A group of plaintiffs collectively bring a lawsuit against a defendant.
D)The plaintiff does not reply to the defender's cross-complaint.

Accepted Answer

A class action occurs when a group of plaintiffs collectively bring a lawsuit against a defendant. This allows for efficiency, as it avoids multiple individual lawsuits with the same issues, and can lead to a larger settlement or judgment in favor of the plaintiffs. Options A, B, and D do not relate to the occurrence of a class action.

Question 7

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.
A)motion for judgment on the pleadings
B)motion for summary judgment
C)motion for judgment notwithstanding the verdict
D)motion to set aside judgment

Accepted Answer

The answer of A ________ alleges that if all the...

Question 8

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.
A)Consolidation
B)Trial of fact
C)Voir dire
D)Intervention

Accepted Answer

Voir dire is the process in which the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. The other options are not related to this process.

Question 9

Which of the following statements is true of a court trial?
A)All civil cases are tried with a jury.
B)The judge is the trier of fact in a jury trial.
C)A jury is not required in a trial unless both parties request one.
D)Prospective jurors are questioned by lawyers for each party.

Accepted Answer

Prospective jurors are questioned by lawyers for each party during the jury selection process, known as voir dire. This helps lawyers determine whether jurors have any biases or prejudices that may affect their ability to be impartial in the case.

Question 10

Which of the following statements best describes re-direct examination?
A)The plaintiff's attorney questions the witness who was questioned by the defendant's attorney
B)The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney.
C)The defendant's attorney questions the witness who was questioned by the plaintiff's attorney.
D)The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney.

Accepted Answer

The answer of Which of the following statements best describes...

Question 11

Which of the following can be filed by the defendant of a lawsuit?
A)complaint
B)answer
C)reply
D)injunction

Accepted Answer

The defendant of a lawsuit can file an answer, which is a document that responds to the allegations made in the plaintiff's complaint. A reply is a document filed by the plaintiff in response to the defendant's answer. An injunction is a court order that requires someone to do or stop doing something, and cannot be filed by either the plaintiff or defendant.

Question 12

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.
A)intervention
B)consolidation
C)class action
D)arbitration

Accepted Answer

Intervention is the act of other interested parties joining as parties to an existing lawsuit. Consolidation refers to combining two or more cases into one. Class action is a lawsuit brought by a group of people who have suffered similar harm. Arbitration is a form of alternative dispute resolution where parties agree to have a neutral third party make a decision outside of the court system.

Question 13

The term ________ refers to the oral testimony given by a party or witness prior to trial.
A)class action
B)deposition
C)interrogatory
D)intervention

Accepted Answer

Deposition is the term used for oral testimony given by a party or witness prior to trial. Class action refers to a lawsuit in which a large group of people collectively sues another party. Interrogatory is a written set of questions that a party must answer under oath. Intervention refers to a third party joining an ongoing lawsuit.

Question 14

A(n)________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.
A)rejoinder
B)answer
C)reply
D)plea

Accepted Answer

A reply is the correct term for a document filed by the original plaintiff to answer the defendant's cross-complaint. This is part of the pleadings in a lawsuit.

Question 15

A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.
A)injunction
B)cross-complaint
C)rejoinder
D)rebuttal

Accepted Answer

A cross-complaint is a legal document filed by a defendant in response to a complaint by the plaintiff in a civil lawsuit. The cross-complaint asserts that the plaintiff is also at fault and seeks damages or other relief from the plaintiff.

Question 16

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?
A)motion for summary judgment
B)motion for judgment on the pleadings
C)motion for a directed verdict
D)motion for judgment notwithstanding the verdict

Accepted Answer

A motion for summary judgment asserts that there are no factual disputes to be decided by the jury and asks the judge to decide the case based on the law and undisputed facts. A motion for judgment on the pleadings is similar but only applies when there is no dispute as to the legal sufficiency of the allegations in the pleadings. A motion for a directed verdict is made during trial and argues that the plaintiff has failed to present enough evidence to support their claim. A motion for judgment notwithstanding the verdict can be made after the jury has reached a verdict but is not related to factual disputes or the judge's ability to apply the law.

Question 17

Which of the following statements is true of the plaintiff's case?
A)The plaintiff's attorney examines the witnesses during cross-examination.
B)The defendant's attorney examines the witnesses during re-direct examination.
C)The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination.
D)Documents and other evidence have to be introduced before the first witness is subject to direct examination.

Accepted Answer

Cross-examination is conducted by the opposing attorney, not the plaintiff's attorney (A). Re-direct examination is conducted by the defendant's attorney (B). However, the defendant's attorney is limited to asking questions only about the subjects that were brought up during the direct examination (C). Documents and other evidence can be introduced at any point during the trial, not just before the first witness is subject to direct examination (D).

Question 18

What is the purpose of a pretrial hearing?
A)requesting the other party to produce all documents relevant to the case
B)assessing the factual accuracy of the deposition of witnesses
C)instructing the judge to decide the case without a jury
D)facilitating the settlement of a case before it goes to trial

Accepted Answer

The purpose of a pretrial hearing is to facilitate the settlement of a case before it goes to trial, by allowing parties to discuss issues such as evidence, witnesses, and potential settlements. The other options listed are not the primary purpose of a pretrial hearing.

Question 19

The statute of limitations establishes the period within which ________.
A)a plaintiff must bring a lawsuit against a defendant
B)a defendant must file a written answer against a plaintiff's complaint
C)a defendant can file a cross-complaint against the plaintiff
D)a motion for judgment on the pleadings can be made by either party

Accepted Answer

The statute of limitations sets the time limit for when a plaintiff must bring a lawsuit against a defendant. After the statute of limitations has expired, the plaintiff may not bring a lawsuit against the defendant for that particular claim. B, C, and D are not accurate descriptions of what the statute of limitations determines.

Question 20

________ are written questions submitted by one party to a lawsuit to another party.
A)Depositions
B)Rejoinders
C)Interrogatories
D)Summons

Accepted Answer

Interrogatories are written questions submitted by one party to a lawsuit to another party. Depositions are oral questioning by attorneys of witnesses under oath. Rejoinders are legal pleadings in response to a previous pleading. Summons is a legal document that notifies a party that they are being sued and must appear in court.

Quiz 3: Judicial,Alternative,and E-Dispute Resolution

The state of Idaho has a two-year statute of limitations for personal injury actions.Graham was injured by Alice in a car accident on January 1, 2011.If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome?

What is cross-examination?

Which of the following statements is true of deposition?

What is direct examination?

Which of the following statements is true about the pretrial litigation process?

In which of the following cases does a class action occur?

A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts.

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Which of the following statements is true of a court trial?

Which of the following statements best describes re-direct examination?

Which of the following can be filed by the defendant of a lawsuit?

The act of other interested parties joining as parties to an existing lawsuit is termed as ________.

The term ________ refers to the oral testimony given by a party or witness prior to trial.

A(n) ________ is a document filed by the original plaintiff to answer the defendant's cross-complaint.

A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff.

Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Which of the following statements is true of the plaintiff's case?

What is the purpose of a pretrial hearing?

The statute of limitations establishes the period within which ________.

________ are written questions submitted by one party to a lawsuit to another party.