Question 1

Which of the following statements is NOT true regarding what an attorney will do during the closing argument to the jury?

Accepted Answer

During the closing argument, an attorney cannot enter additional evidence into the record. The closing argument is meant for summarizing the evidence already presented, not for introducing new evidence.

Question 2

Following closing arguments, the judge will read jury instructions to the jury. Which of these would NOT be considered a proper jury instruction?

Accepted Answer

Jury instructions are meant to guide the jury on the law and how to apply it to the facts of the case, not to suggest or imply what verdict the jury should return. This would undermine the jury's role as the fact-finder and impartial decider.

Question 3

In order to reduce the avalanche of paper that has traditionally been part of litigation, and utilizing the advances in technology, some courts have ordered ________.

Accepted Answer

Courts have increasingly moved towards electronic filing (e-filing) systems to reduce the use of paper and to streamline the litigation process, taking advantage of technological advancements.

Question 4

A party in a civil case may commence an appeal from a state trial court's decision by filing a notice of appeal ________.

Accepted Answer

An appeal in a civil case typically begins when a party files a notice of appeal after a final judgment is entered by the trial court. This is the standard procedure to challenge a trial court's decision in a higher court.

Question 5

Only the ________ can appeal in a criminal case.

Accepted Answer

In a criminal case, the defendant has the right to appeal a conviction or sentence. The prosecution can also appeal in certain circumstances, but the question specifies "only," making the defendant the primary party with the right to appeal.

Question 6

Which of the following documents would NOT be filed with an appellate court?

Accepted Answer

The trial judge's confidential correspondence with the appellate court suggesting how it should rule would not be filed with an appellate court, as it would compromise the impartiality and independence of the appellate process.

Question 7

Which of the following statements is true about the Federal Arbitration Act (FAA) of 1925?

Accepted Answer

The FAA actually limits the extent to which courts can review the merits of an arbitration award, essentially restricting federal courts from re-evaluating issues of law decided by an arbitrator. This supports the FAA's goal of promoting arbitration as a speedy and efficient alternative to litigation.

Question 8

In a mediation, the neutral third party is called a(n) ________.

Accepted Answer

In a mediation process, the neutral third party who facilitates the resolution of a dispute between two or more parties is called a mediator.

Question 9

Which of these is NOT an advantage of online arbitration and/or online mediation?

Accepted Answer

Online arbitration and mediation typically do not allow for face-to-face confrontation and argument, as they are conducted over the internet. This contrasts with traditional, in-person methods where parties can directly interact.

Question 10

Most online arbitration requires one party to submit an amount that the party is willing to accept or willing to pay to the other party. After receiving this initial offer, which of these is NOT one of the usual options that the other party is permitted to do?

Accepted Answer

Reporting the other party to the Federal Trade Commission (FTC) is not a usual option in the context of online arbitration processes. The typical options include accepting the offer, responding with a counteroffer, or withdrawing from the arbitration process. Reporting to the FTC is more relevant in cases of fraud or illegal business practices, not as a standard step in arbitration.

Quiz 4: Alternative, Judicial, and E-Dispute Resolution