Question 1

What two conditions must exist for federal courts to have diversity jurisdiction?

Accepted Answer

A)   An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000.
B)   The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000.
C)   The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000.
D)   The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Question 2

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False  False

Question 3

Which of the following statements is most accurate regarding appellate courts?

Accepted Answer

A)   Appellate courts often hear new evidence and testimony.
B)   Appellate courts generally accept the factual findings of the trial court.
C)   Only the federal court system has appellate courts.
D)   Appellate courts hear only criminal cases.

Question 4

The Supreme Court will not grant a writ of certiorari unless

Accepted Answer

A)   the case began in a federal court.
B)   two or more U.S. courts of appeals have decided the legal issue differently.
C)   four of the nine justices vote in favor of hearing the case.
D)   it finds that it has diversity jurisdiction over the case.

Question 5

Jurisdiction can be described as

Accepted Answer

A)   the study of law.
B)   the authority of a court to decide a particular type of case.
C)   court cases involving the U.S. Constitution or a federal statute.
D)   the burden of proof.

Question 6

What is the correct order in which a jury trial is conducted?

Accepted Answer

A)   opening statements--jury selection--defendant's case--plaintiff's case--closing arguments and instructions--verdict
B)   jury selection--opening statements--defendant's case--plaintiff's case--closing arguments and instructions--verdict
C)   opening statements--jury selection--plaintiff's case--defendant's case--closing arguments and instructions--verdict
D)   jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict D

Question 7

Generally, mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 8

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Accepted Answer

A) True 
 B)False

Question 9

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Accepted Answer

A) True 
 B)False

Question 10

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

Accepted Answer

A)   an adversary system.
B)   a conflict system.
C)   an alternative dispute resolution system.
D)   a mediation system.

Question 11

An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case

Accepted Answer

A)   may not be decided by a federal court since it involves a state facility.
B)   must be decided by the state court where the inmate established residency before going to prison.
C)   is a federal question case over which the federal courts have jurisdiction.
D)   cannot be heard, as prisoners lose the right to sue.

Question 12

In alternative dispute resolution (ADR) , most cases are resolved through

Accepted Answer

A)   litigation.
B)   negotiation.
C)   mediation.
D)   lawsuits.

Question 13

A party that wants the Supreme Court to review a lower court ruling must

Accepted Answer

A)   present a non obstante veredicto.
B)   file a petition for a writ of certiorari.
C)   file a petition for a voir dire.
D)   present a motion to dismiss.

Question 14

Small claims courts have jurisdiction over settling the estates of deceased persons.

Accepted Answer

A) True 
 B)False

Question 15

What are the advantages and disadvantages of using arbitration rather than litigation?

Accepted Answer

The advantages of arbitration include us...

Question 16

Emails and their attachments are not subject to pretrial discovery.

Accepted Answer

A) True 
 B)False

Question 17

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Accepted Answer

A)   Corrales will render a binding decision.
B)   Holt and Collins retain the right to a class action.
C)   Holt and Collins give up the right to discovery.
D)   Corrales need not give reasons for the decision. B

Question 18

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

Accepted Answer

A)   a request for admission.
B)   a request for the production of documents.
C)   a deposition.
D)   interrogatories.

Question 19

Which element of a civil case comes first?

Accepted Answer

A)   answer
B)   service
C)   complaint
D)   discovery

Question 20

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

Accepted Answer

A)   judgment on the pleadings.
B)   summary judgment.
C)   pretrial conference.
D)   default judgment.

Exam 6: Dispute Resolution

What two conditions must exist for federal courts to have diversity jurisdiction?

Correct AnswerverifiedShow Answer

In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Correct AnswerverifiedFalse

Which of the following statements is most accurate regarding appellate courts?

Correct AnswerverifiedShow Answer

The Supreme Court will not grant a writ of certiorari unless

Correct AnswerverifiedShow Answer

Jurisdiction can be described as

Correct AnswerverifiedShow Answer

What is the correct order in which a jury trial is conducted?

Correct AnswerverifiedD

Generally, mandatory arbitration provisions in a contract are valid.

Correct AnswerverifiedShow Answer

An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made a harmless error during the trial.

Correct AnswerverifiedShow Answer

If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100.

Correct AnswerverifiedShow Answer

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered

Correct AnswerverifiedShow Answer

An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case

Correct AnswerverifiedShow Answer

In alternative dispute resolution (ADR) , most cases are resolved through

Correct AnswerverifiedShow Answer

A party that wants the Supreme Court to review a lower court ruling must

Correct AnswerverifiedShow Answer

Small claims courts have jurisdiction over settling the estates of deceased persons.

Correct AnswerverifiedShow Answer

What are the advantages and disadvantages of using arbitration rather than litigation?

Correct AnswerverifiedThe advantages of arbitration include us...View AnswerShow Answer

Emails and their attachments are not subject to pretrial discovery.

Correct AnswerverifiedShow Answer

Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?

Correct AnswerverifiedB

After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called

Correct AnswerverifiedShow Answer

Which element of a civil case comes first?

Correct AnswerverifiedShow Answer

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a

Correct AnswerverifiedShow Answer

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False

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D

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The advantages of arbitration include us...
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B

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