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Emails and their attachments are not subject to pretrial discovery.

A) True
B) False

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In a civil case,the plaintiff must prove the case


A) by a preponderance of the evidence.
B) by clear and convincing evidence.
C) beyond a reasonable doubt.
D) None of these;the burden of proof is on the defendant.

E) A) and D)
F) All of the above

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Primary methods of alternative dispute resolution include litigation and mediation.

A) True
B) False

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The Supreme Court will not grant a writ of certiorari unless


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.

E) None of the above
F) C) and D)

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In order for a federal court to have jurisdiction,there must be a federal question involved and at least $75,000 in dispute.

A) True
B) False

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A summons is a paper ordering a defendant to appear in court at a certain time.

A) True
B) False

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A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.


A) default judgment
B) long-arm statute
C) federal question
D) summary judgment

E) B) and D)
F) None of the above

Correct Answer

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What is the primary trial court in the federal system?


A) Municipal Court
B) U.S.Supreme Court
C) U.S.Claims Court
D) U.S.District Court

E) B) and C)
F) A) and C)

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In Jones v.Clinton,the court held that


A) Paula Jones did not demonstrate the essential elements for her claim.
B) Paula Jones was entitled to a summary judgment.
C) 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) B) and C)

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A

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.

A) True
B) False

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

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Discovery is the pre-trial opportunity f...

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


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.

E) A) and D)
F) A) and C)

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B

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant.The judge viewed the documents alone and decided that they should be made available to the plaintiff.The judge made


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) None of the above
F) A) and B)

Correct Answer

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


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.

E) B) and C)
F) A) and D)

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In reaching its verdicts,appellate courts conduct trials and rehear all evidence.

A) True
B) False

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False

Jurisdiction can be described as


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.

E) None of the above
F) B) and D)

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

A) True
B) False

Correct Answer

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Generally,mandatory arbitration provisions in a contract are valid.

A) True
B) False

Correct Answer

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


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

E) B) and C)
F) B) and D)

Correct Answer

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The fastest-growing method of dispute resolution in the United States is


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

E) A) and D)
F) All of the above

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