Question 1

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 statement is correct as per the Supreme Court's ruling in AT&T Mobility LLC v. Concepcion.

Question 2

The "discovery" stage of a trial includes which one of the following?

Accepted Answer

The discovery stage of a trial includes all of these: production of documents, written interrogatories, and depositions.

Question 3

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

Accepted Answer

This is a basic principle of the American legal system. The judge is responsible for interpreting and applying the law, while the jury is responsible for determining the facts of the case based on the evidence presented.

Question 4

Appellate judges can reverse a decision of the trial court:

Accepted Answer

Appellate judges can 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 the error had a significant impact on the outcome of the case and the rights of the parties involved. Simply finding an error below is not enough for the appellate court to reverse a decision.

Question 5

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

A motion for a new trial may be granted for any of these reasons: if the damages awarded are deemed excessive, if the verdict appears to be against the weight of the evidence presented during the trial, or if the trial was conducted in an unfair manner.

Question 6

Which of the following are pleadings?

Accepted Answer

A complaint is a pleading filed by the plaintiff to initiate a lawsuit, a summons is a document issued by the court to notify the defendant of the lawsuit, an answer is a pleading filed by the defendant in response to the complaint, and a reply is a pleading filed by the plaintiff in response to the answer. The other choices may be related to litigation, but they are not pleadings specifically.

Question 7

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

Accepted Answer

Long-arm jurisdiction allows a court to exercise personal jurisdiction over a nonresident defendant. One of the most common circumstances that allows a state to exercise long-arm jurisdiction is when the defendant has made a contract within that state. Therefore, Choice C is the best option. The other options do not necessarily establish a sufficient basis for long-arm jurisdiction.

Question 8

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

Accepted Answer

This is correct. When a class action is permitted, a group of individuals with similar claims file the lawsuit with a representative plaintiff, also known as the named plaintiff or lead plaintiff, who represents the interests of the entire group.

Question 9

The definition of a default judgment is:

Accepted Answer

A default judgment is a judgment that is entered against a defendant who fails to respond to a complaint or appear in court. Therefore, choice D is the correct definition of a default judgment.

Question 10

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 court has jurisdiction in cases involving diversity of citizenship if the amount in controversy is over $75,000. In this case, there is diversity of citizenship because Mark is a resident of Illinois and Jayce is a resident of Wisconsin. Therefore, if the amount in controversy is over $75,000, Jayce may bring suit in federal district court.

Question 11

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

Accepted Answer

The answer of The U.S.Court of International Trade has worldwide...

Question 12

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

If the defendant prevails in a certified class action lawsuit, the members of the class are bound by the decision and cannot file their individual lawsuits regarding the claims in the class action lawsuit. This is known as res judicata or claim preclusion.

Question 13

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

If the plaintiffs prevail or reach a settlement in a certified class action lawsuit, members of the class may receive relief as part of the settlement or judgment without having to bring their own lawsuits.

Question 14

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 in which a third party is selected by the disputing parties to attempt to help them reach a mutually acceptable agreement. This process is different from arbitration, which is a binding process, and from mediation, which is a more formal process that can be binding or nonbinding. Therefore, option A) conciliation is the best choice for the given scenario.

Question 15

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

This is generally the primary function of appellate courts, although they may also address other legal issues and may have varying levels of discretion in their review.

Question 16

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

The description given matches the process of a mini-trial, which is an alternative dispute resolution technique.

Question 17

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. Federal courts and courts in other states are not bound by decisions of a state's supreme court.

Question 18

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 19

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

Accepted Answer

A court must have both subject matter jurisdiction (authority over the type of case) and personal jurisdiction (authority over the parties involved) in order to resolve a lawsuit. Therefore, two different types of jurisdiction are required.

Question 20

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

Accepted Answer

The proper method of appealing a case to the U.S. Supreme Court is by filing a writ of certiorari, which is a request for the Court to review a lower court's decision. The Court typically grants certiorari only in cases that involve significant legal issues or conflicts among lower courts. Writ of execution relates to the enforcement of a judgment, offer of proof is a request made during trial for the judge to consider evidence, and request for admissions is a pre-trial process of getting the opposing party to admit or deny certain facts.

Quiz 3: Civil Dispute Resolution