Question 1

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Accepted Answer

A)   must hear the case if the validity of a federal statute is in question.
B)   must hear the case if two or more U. S. courts of appeals have decided the legal issue differently.
C)   generally has discretion as to which cases it hears.
D)   must hear all cases.E) C) and D)
F) B) and D)

Question 2

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Accepted Answer

A judgment NOV (notwithstanding the jury...

Question 3

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Accepted Answer

A) True 
 B)False

Question 4

Generally,mandatory arbitration provisions in a contract are valid.

Accepted Answer

A) True 
 B)False

Question 5

Federal jurisdiction based upon a "federal question" includes cases based on:

Accepted Answer

A)   the United States Constitution.
B)   a federal statute.
C)   a federal treaty.
D)   All of the above.E) All of the above
F) A) and D)

Question 6

In Jones v.Clinton,the court held:

Accepted Answer

A)   Paula Jones did not demonstrate the essential elements for her claim.
B)   Paula Jones was entitled to a summary judgment.
C)   public policy required that the case be dismissed because of the President's governmental position.
D)   President Clinton failed to comply with a discovery order.E) C) and D)
F) All of the above

Question 7

A civil case generally proceeds as follows:

Accepted Answer

A)   answer, complaint, discovery, trial, verdict.
B)   complaint, answer, trial, discovery, verdict.
C)   complaint, answer, discovery, trial, verdict.
D)   discovery, complaint, answer, trial, verdict.E) B) and D)
F) B) and C)

Question 8

While driving through Arizona,Pablo,a resident of New Mexico,was struck by an SUV driven by Dick,a resident of California.Dick was speeding when the accident happened and Pablo suffered severe injuries that ruined a potential acting career.Pablo's damages are estimated at $200,000.Discuss the court system(s)in which Pablo may bring a lawsuit.

Accepted Answer

Pablo could bring this case in the feder...

Question 9

When an appellate court hears a case,it may:

Accepted Answer

A)   affirm the decision.
B)   reverse the decision.
C)   modify the decision.
D)   All the above are correct.E) All of the above
F) None of the above

Question 10

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

Accepted Answer

A)   provided it has not been filed with the court.
B)   provided that discovery has not commenced.
C)   provided the jury has not heard any testimony.
D)   at any time.E) C) and D)
F) B) and C)

Question 11

Primary methods of alternative dispute resolution include litigation and mediation.

Accepted Answer

A) True 
 B)False

Question 12

Summary judgment is appropriate when there are no essential facts in dispute.

Accepted Answer

A) True 
 B)False

Question 13

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Accepted Answer

A)   he may file the lawsuit in an Arizona state court.
B)   he may file the lawsuit in a federal district court in Arizona.
C)   he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case.
D)   Either (a)  or (b) .E) A) and B)
F) A) and C)

Question 14

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

Accepted Answer

A) True 
 B)False

Question 15

A United States district court is:

Accepted Answer

A)   the primary federal trial court.
B)   an appellate court.
C)   a small claims court only.
D)   none of the above.E) B) and D)
F) B) and C)

Question 16

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

Accepted Answer

A)   an in camera inspection.
B)   a motion to compel answers to interrogatories.
C)   a request for admission.
D)   a request for the production of documents.E) B) and D)
F) A) and B)

Question 17

An appeals court:

Accepted Answer

A)   determines facts.
B)   hears witnesses and takes new evidence.
C)   ensures that the lower court correctly applied the law to the facts.
D)   All of the above.
E)   Both (a)  and (c) .F) A) and B)
G) A) and C)

Question 18

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Accepted Answer

A) True 
 B)False

Question 19

Define discovery,and identify and explain five of the most important forms of discovery.

Accepted Answer

Discovery is the pre-trial opportunity f...

Question 20

Discuss the advantages and disadvantages of using arbitration rather than litigation.

Accepted Answer

The advantages of arbitration include us...

Exam 3: Dispute Resolution

Primary methods of alternative dispute resolution include litigation and mediation.

Correct Answer
verified

Federal jurisdiction based upon a "federal question" includes cases based on:

Correct Answer
verified

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Correct Answer
verified

An appeals court:

Correct Answer
verified

Discuss the advantages and disadvantages of using arbitration rather than litigation.

Correct Answer
verified
The advantages of arbitration include us...
View Answer

In Jones v.Clinton,the court held:

Correct Answer
verified

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

Correct Answer
verified

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Correct Answer
verified

Correct Answer
verified
Pablo could bring this case in the feder...
View Answer

When an appellate court hears a case,it may:

Correct Answer
verified

Generally,mandatory arbitration provisions in a contract are valid.

Correct Answer
verified

A United States district court is:

Correct Answer
verified

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Correct Answer
verified

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

Correct Answer
verified

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

Correct Answer
verified

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Correct Answer
verified
A judgment NOV (notwithstanding the jury...
View Answer

A civil case generally proceeds as follows:

Correct Answer
verified

Summary judgment is appropriate when there are no essential facts in dispute.

Correct Answer
verified

Define discovery,and identify and explain five of the most important forms of discovery.

Correct Answer
verified
Discovery is the pre-trial opportunity f...
View Answer

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Correct Answer
verified

Exam 3: Dispute Resolution

Primary methods of alternative dispute resolution include litigation and mediation.

Correct AnswerverifiedShow Answer

Federal jurisdiction based upon a "federal question" includes cases based on:

Correct AnswerverifiedShow Answer

A state trial court of general civil jurisdiction may hear shareholders' derivative lawsuits involving only up to $50 million,employment cases involving freedom of association or privacy,and cases involving the settling of the estates of deceased persons.

Correct AnswerverifiedShow Answer

An appeals court:

Correct AnswerverifiedShow Answer

Discuss the advantages and disadvantages of using arbitration rather than litigation.

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

In Jones v.Clinton,the court held:

Correct AnswerverifiedShow Answer

Disputants Martin and Daulton have hired Thurman to mediate their disagreement.Martin and Daulton will not necessarily come away from the mediation with their dispute resolved,even if the mediation was ordered by the court.

Correct AnswerverifiedShow Answer

Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedPablo could bring this case in the feder...View AnswerShow Answer

When an appellate court hears a case,it may:

Correct AnswerverifiedShow Answer

Generally,mandatory arbitration provisions in a contract are valid.

Correct AnswerverifiedShow Answer

A United States district court is:

Correct AnswerverifiedShow Answer

When an appeal is filed with the U.S.Supreme Court,the Supreme Court:

Correct AnswerverifiedShow Answer

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone,not in the presence of the lawyers,and decided that the interrogatories should be made available to the plaintiff.The judge made:

Correct AnswerverifiedShow Answer

Roxanne was injured when she fell in a hole while walking across her landlord's parking lot.She and her lawyer hope they can settle the claim.A case can be settled:

Correct AnswerverifiedShow Answer

Lance sued Mega Corp.for negligence,and a jury awarded him $1.2 million.Mega Corp.filed a motion for judgment NOV,and that motion was denied by the trial court.Mega Corp.then appealed the case.Discuss a judgment NOV and when it is appropriate for a judge to grant such a judgment.

Correct AnswerverifiedA judgment NOV (notwithstanding the jury...View AnswerShow Answer

A civil case generally proceeds as follows:

Correct AnswerverifiedShow Answer

Summary judgment is appropriate when there are no essential facts in dispute.

Correct AnswerverifiedShow Answer

Define discovery,and identify and explain five of the most important forms of discovery.

Correct AnswerverifiedDiscovery is the pre-trial opportunity f...View AnswerShow Answer

Judge Abbott can serve as both a federal judge and a state court judge at the same time.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The advantages of arbitration include us...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Pablo could bring this case in the feder...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
A judgment NOV (notwithstanding the jury...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Discovery is the pre-trial opportunity f...
View Answer

Correct Answer
verified