chapter 3

382. An interlocutory injunction is usually in force until: (A) the defendant's attorney rescinds it (B) the defendant posts bail (C) the plaintiff withdraws the suit (D) the plaintiff's attorney rescinds it (E) none of the other choices are correct

(A)

269. A party that is concerned that the information it is required to provide contains confidential information may request a(n): (A) protective order (B) confidentiality order (C) ultimate order (D) secret order (E) final order

(A)

270. A protective order protects the confidentiality of: (A) documents that a party is required to produce for a court case (B) the names of the parties involved in a case (C) the location of the trial (D) the names of the attorneys connected with the case (E) none of the other choices are correct

(A)

272. Failure of a business to maintain its company records in such a way that they may be accessed during a lawsuit may result in: (A) sanctions by the court (B) a fine (C) a secondary lawsuit (D) a loss of the right to appeal (E) none of the other choices are correct

(A)

273. Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use: (A) requests for admissions (B) expert witness commentary (C) protective order for documents (D) sanctions (E) none of the other choices are correct

(A)

280. British court proceedings differ from American court proceedings in part because: (A) there is a much greater degree of specialization among attorneys in the British system (B) there is a much lesser degree of specialization among attorneys in the British system (C) British court proceedings are shorter than American court proceedings (D) American court proceedings are shorter than British court proceedings (E) none of the other choices are correct

(A)

282. In contrast to the American system, judges in British court proceedings: (A) summarize the evidence for the jury before instructing them on the relevant laws (B) summarize the potential sentencing possibilities (C) remind the jury of its duties (D) give the opening statement (E) do not speak during the trial

(A)

288. At the close of discovery, either party may: (A) move for a summary judgment (B) move for an ultimate judgment (C) halt the court proceedings until further evidence is obtained (D) move for a timed judgment (E) move for a sustained judgment

(A)

291. A major purpose of pretrial conferences is to: (A) simplify issues and plan the course of the trial (B) continue the discovery process through the trial stage (C) restrict the role of the judge in the settlement process (D) provide plaintiffs with smaller awards (E) none of the other choices

(A)

297. At pretrial conferences, judges often encourage: (A) parties to attempt to reach an out-of-court settlement (B) the plaintiff to drop the case (C) the defendant to plead guilty (D) the defendant to drop the case (E) the plaintiff to give the defendant more time to prepare a defense

(A)

298. After completion of the discovery process the case is ready: (A) to go to trial (B) to go to the jury for deliberation (C) to go to the judge for determination (D) for final arguments (E) none of the other choices

(A)

304. Both the Sixth and Seventh Amendments to the U.S. Constitution: (A) provide for the right to a jury in certain cases (B) provide for the right to an attorney in certain cases (C) provide stare decisis (D) provide habeus corpus (E) none of the other choices are correct

(A)

307. The judge's temperament, the complexity of the evidence, and the degree to which the emotions of the jury are likely to affect the judgment are all factors that affect: (A) the decision to request a jury trial (B) the decision to go to trial (C) the choice of attorney (D) the length of the trial (E) the tone of the trial

(A)

310. Voir dire is: (A) the process used to select jury members (B) the process used to select attorneys (C) the defendant's claims against the plaintiff (D) the plaintiff's claims against the defendant (E) the defendant's response to the plaintiff

(A)

314. During the selection of a jury from the jury pool, attorneys: (A) are usually allowed to reject some jurors without any reason (B) may insist on a jury with 12 jurors (C) may reject any potential juror without restriction (D) may request to meet with potential jurors in private (E) none of the other choices are correct

(A)

316. At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position. (A) opening statements (B) closing statements (C) pre-trial statements (D) voir dire statements (E) state decisis statements

(A)

322. Following a trial's opening statements, the plaintiff: (A) goes first since he has the burden of proving that his arguments are correct (B) goes last since he has the burden of proving that his arguments are correct (C) can chose whether or not he wants to go first (D) is not allowed to go first because he might bias the jury (E) none of the other choices are correct

(A)

332. In the ____ the judge tells the jury the applicable law, summarizes the issues of the dispute, and states which of the parties has the burden of persuasion. (A) instructions or charges (B) challenges (C) restrictions (D) summaries (E) voir dire

(A)

336. If the parties must prove their contentions to the jury by a preponderance of the evidence then the trial is a: (A) civil trial (B) criminal trial (C) murder trial (D) court trial (E) none of the other choices are correct

(A)

340. If a jury cannot reach a verdict, the judge: (A) declares a mistrial (B) polls the jury and goes with the majority to determine the verdict (C) dismisses the jury and orders a verdict (D) determines a verdict on points of law and has the jury reach a verdict only on the facts (E) all of the other choices are available options

(A)

342. After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a: (A) judgment notwithstanding the verdict (B) motion for voir dire (C) special verdict (D) general verdict with interrogatories (E) none of the other choices

(A)

344. A motion for a directed verdict is when parties: (A) ask the judge to issue a favorable verdict that makes jury deliberation unnecessary (B) ask the judge to retry the trial (C) ask the jury to make a favorable decision (D) ask the jury to refuse to come to a verdict (E) none of the other choices are correct

(A)

345. A motion for judgment as a matter of law is when parties: (A) ask the judge to issue a favorable verdict that makes jury deliberation unnecessary (B) ask the judge to retry the trial (C) ask the jury to make a favorable decision (D) ask the jury to refuse to come to a verdict (E) none of the other choices are correct

(A)

346. If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a: (A) motion for a directed verdict (B) motion for a dismissal verdict (C) motion for a stare decisis verdict (D) motion for a compensatory verdict (E) motion for a damages verdict

(A)

347. If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a: (A) motion for judgment as a matter of law (B) motion for a dismissal verdict (C) motion for a stare decisis verdict (D) motion for a compensatory verdict (E) motion for a damages verdict

(A)

350. Compensatory, punitive and nominal are all categories of: (A) monetary damage awards (B) equitable remedies (C) torts (D) bankruptcy (E) none of the other choices are correct

(A)

351. Compensatory damages are intended to: (A) give injured parties a sum of money to restore them to the economic position they were in before the injury (B) give injured parties more money than they had before the injury (C) give injured parties half of the sum of the money needed to restore them to the economic position they were in before the injury (D) give injured parties a sum of money to restore them to the economic position they were in before the injury plus an extra sum for the legal injury suffered (E) none of the other choices are correct

(A)

355. In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that: (A) the Naples should be awarded the full amount necessary to restore them to the position they would have been in had the contract been properly performed (B) the Naples need not be awarded the full amount necessary to restore them to the position they would have been in had the contract been properly performed (C) the Naples should be awarded the half the amount necessary to restore them to the position they would have been in had the contract been properly performed (D) the Naples should be awarded 20% of the full amount necessary to restore them to the position they would have been in had the contract been properly performed (E) none of the other choices are correct

(A)

356. In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of repairing major problems in the house Keystone built for the Naples, the state supreme court held that: (A) since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples should be compensated adequately for the damages caused by the defendants' breach of contract (B) since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples should not be compensated adequately for the damages caused by the defendants' breach of contract (C) since there was a contradiction of the expert witness's testimony regarding the cost of repairs, the Naples should not be compensated adequately for the damages caused by the defendants' breach of contract (D) since the defendant did not produce an expert witness, the Naples should be compensated adequately for the damages caused by the defendants' breach of contract (E) none of the other choices are correct

(A)

357. Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called: (A) punitive damages (B) liquidated damages (C) expectancy damages (D) compensatory damages (E) injunctive damages

(A)

358. Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called: (A) punitive damages (B) exceptional damages (C) liquidated damages (D) injunctive damages (E) none of the other choices

(A)

363. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $100,000 is called: (A) punitive damages (B) compensatory damages (C) nominal damages (D) an equitable remedy (E) none of the other choices

(A)

366. Nominal damages are damages that are awarded for: (A) a violation that involves no actual damages to a person or property (B) a violation that damages persons or property (C) a violation that causes someone to become very ill (D) a violation that does not break any laws (E) none of the other choices are correct

(A)

370. Specific performance is often a remedy in cases involving: (A) rare properties (B) lease payments (C) child support (D) murder (E) none of the other choices are correct

(A)

372. Remedies involving specific performance are unlikely in cases involving: (A) personal performances (B) land sales (C) art sales (D) a rare baseball card (E) none of the other choices are correct

(A)

374. If a court wants to prevent the destruction of evidence until a formal hearing can be held, it may order an injunction such as a: (A) temporary restraining order (B) permanent restraining order (C) lasting restraining order (D) voir dire order (E) nominal order

(A)

381. A preliminary injunction is usually in force until: (A) the dispute is resolved (B) the defendant posts bail (C) the plaintiff withdraws the suit (D) the plaintiff's attorney rescinds it (E) the defendant's attorney rescinds it

(A)

386. An irreparable injury is: (A) one for which the payment of money would be insufficient to compensate the harmed party (B) one for which the medical bills would exceed the damages sought (C) one which cannot be foreseen (D) one which would cause mental, but not physical injury to the plaintiff (E) none of the other choices are correct

(A)

388. A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a: (A) permanent injunction (B) final injunction (C) preliminary injunction (D) partial injunction (E) none of the other choices are correct

(A)

390. Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the granting or denying of motions to dismiss the case are all: (A) bases for appeal (B) bases for summary judgment (C) bases for responsive judgment (D) bases for voir dire judgment (E) bases for ultimate judgment

(A)

392. A principal function served by the appellate courts is to: (A) ensure that the trial judge correctly applied the law (B) investigate the jury members to be sure that each was thinking in an unbiased manner (C) verify the factual determinations made by the judge (D) verify the factual determinations made by the jury (E) all of the other choices

(A)

394. Written briefs and oral arguments are both methods through which parties: (A) present their arguments to the appellate court (B) present their arguments to the initial court (C) present their arguments to the media (D) present their arguments to the jury (E) present their arguments to the opposing party's attorney

(A)

395. Most of the time, in appellate courts, ____ judges hear an appeal. (A) 3 (B) 4 (C) 9 (D) 10 (E) 15

(A)

397. The decision of an appellate court is the: (A) one that receives the majority vote of the judges (B) one that receives at least one vote from the judges (C) one that is unanimously agreed on by the judges (D) one that the appellate jury agrees on (E) none of the other choices are correct

(A)

403. If an appellate court judge disagrees with the majority opinion, she may write a: (A) dissenting opinion (B) disgruntled opinion (C) focused opinion (D) deviant opinion (E) deviating opinion

(A)

408. When an appellate court disagrees with the decision reached by the trial court, the appellate court: (A) reverses the decision (B) affirms the decision (C) adjusts the decision (D) rescinds the decision (E) remits the decision

(A)

410. When an appellate court's opinion agrees with (upholds) the decision of the trial court, the court is said to have ____ the decision. (A) affirmed (B) remanded (C) concurred with (D) reversed (E) none of the other choices

(A)

413. When a dispute cannot be considered again it is a thing decided by judgment or: (A) res judicata (B) voir dare (C) stare decisis (D) final (E) none of the other choices are correct

(A)

422. In German trials, judges: (A) play a much more active role than U.S. judges (B) are not allowed to speak (C) are not allowed to review evidence (D) may only question the plaintiff (E) may only question the defendant

(A)

424. The most widely recognized form of alternative dispute resolution process is: (A) arbitration (B) mini-trials (C) mediation (D) hearings (E) none of the other choices

(A)

426. ____ is the most widely recognized form of Alternative Dispute Resolution. (A) Arbitration (B) Mediation (C) Negotiation (D) Mini-trial (E) Litigation

(A)

434. Courts are instructed to ____ by the Federal Arbitration Act. (A) enforce arbitration (B) refuse arbitration cases (C) refuse arbitration cases more than a year old (D) enforce payments (E) none of the other choices are correct

(A)

437. A submission is what a party files to: (A) refer a dispute to arbitration (B) refer a crime to arbitration (C) extend the payment period for damages (D) pay the court ordered damages (E) none of the other choices are correct

(A)

441. In selecting an arbitrator: (A) the parties must both agree to the choice or method of selection (B) the party bringing the action chooses the arbitrator (C) the party defending chooses the arbitrator (D) a third party chooses the arbitrator (E) the arbitrator is randomly appointed

(A)

443. Failure to comply with an arbitrator may result in: (A) the loss of a case (B) being held in contempt (C) going to federal prison (D) the case going to the Supreme Court (E) none of the other choices are correct

(A)

447. An award is: (A) the decision of an arbitrator in the arbitration process (B) the decision of a Supreme Court Justice in the arbitration process (C) the decision of the plaintiff in the arbitration process (D) the decision of the defendant in the arbitration process (E) none of the other choices are correct

(A)

452. An arbitrator's award is based on: (A) application of law to the evidence presented (B) his personal feelings about the case (C) the presentations of the parties involved (D) the cooperativeness of the parties involved (E) none of the other choices are correct

(A)

455. The following are grounds for overturning an arbitration decision, according to the Federal Arbitration Act, except: (A) the arbitrator does not state the legal basis for the decision (B) the arbitrator engaged in fraud (C) the arbitrator exceeded his authority (D) there is evidence of serious procedural misconduct (E) all of the other choices are grounds

(A)

464. Negotiated settlements are usually: (A) contracts enforced by the courts (B) verbal apologies (C) written apologies (D) verbal contracts (E) none of the other choices are correct

(A)

465. The first stage of a negotiation should involve: (A) studying the issues (B) choosing a court with appropriate jurisdiction (C) calling the opposing party's attorney (D) selecting a jury (E) none of the other choices are correct

(A)

473. A mediator is: (A) a third party who helps parties to a dispute to reach a solution by coming up with an acceptable agreement (B) the plaintiff's lawyer who helps parties to a dispute to reach a solution by determining the party at fault (C) the defendant's lawyer who helps parties to a dispute to reach a solution by stating which laws the plaintiff has broken (D) a court appointed attorney of mediation who helps parties to a dispute to reach a solution by coming up with a damages contract (E) none of the other choices are correct

(A)

477. Mediation is: (A) a way for the plaintiff to reduce attorney costs (B) a voluntary process that helps avoid litigation (C) a voluntary process that increases the likelihood of litigation (D) the only way to settle disputes outside of court (E) the only way to settle divorce cases

(A)

479. Ralph hangs a sign in front of his office that reads, "Ralph, Expert Mediator." In fact, Ralph has no training as a mediator. If Cindy uses Ralph's services and finds the agreement he negotiated to be nonsense, she may: (A) sue him for failing to perform in a professional manner (B) sue him for assault (C) not sue him, mediators may not be liable (D) appeal the agreement to the Chamber of Commerce (E) appeal the agreement to the Mediator's Guild

(A)

481. Collecting information, outlining key issues and encouraging compromise are all parts of: (A) a mediator's job (B) a paralegal's job (C) a bailiff's job (D) a judge's job (E) a jury's job

(A)

490. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. Assume that Amanda files her suit against Musclematic. After the pleadings are completed and Amanda and her attorney have reviewed the responses of Musclematic, they believe the defendant has no good defense. Amanda should: (A) file a motion for judgment on the pleadings (B) file a motion for new trial (C) file a motion for j.n.o.v (D) demand to be repaid by her attorney (E) file a motion for a pretrial hearing

(A)

493. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. Suppose that Amanda and Musclematic do not settle the case. It must go to trial. Who will present their case first? (A) Amanda (B) Musclematic (C) the judge (D) the attorney for the gym (E) none of the other choices

(A)

500. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. After presenting her evidence at arbitration, Ellen is quite happy when they decide that, in fact, James has violated his contractual obligations to her, and owes her damages. Any damages that Ellen wins are known as: (A) an award (B) a judgment (C) an exaction (D) a presentation (E) a collection

(A)

504. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen and James were to mediate their dispute, rather than arbitrate (assume this is ok), what would they need to do? (A) select a mutually agreed upon mediator (B) present their dispute to a court (C) get a court to select an arbitrator (D) nothing besides sitting down together (E) prepare a brief for consideration of a panel

(A)

505. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen and James did mediate this dispute, their mediator: (A) would have to be an attorney (B) would have to represent one of them (C) could be anyone at all, in any state (D) might have to be professionally trained (E) must be professionally trained according to federal law

(A)

508. SBD Kitchens and a client, Jefferson, got into a dispute about work done for the Jeffersons, who sued. The contract contained an arbitration clause, so the court ordered the parties to go to arbitration. The arbitrator found that SBD breached its contract. He also found that the Jeffersons defamed SBD by spreading negative information about the company. The Jeffersons were ordered to pay damages of almost $200,000. They appealed to the court of appeals. It held that: (A) the award was affirmed. (B) the award for breach of contract was affirmed but not the judgment for defamation, as it was not related to the contract. The arbitrator exceeded his authority. (C) the award was overturned as a "obvious error in law" concerning defamation. (D) the decision was valid but the amount awarded was excessive, so must be reduced. (E) none of the other choices are correct.

(A)

275. Requests for admissions are: (A) unwritten requests for an admission of the truth in matters relating to the dispute (B) written requests for an admission of the truth in matters relating to the dispute (C) post-trial statements by the plaintiff about the truth in matters relating to the dispute (D) post-trial statements by the defendant about the truth in matters relating to the dispute (E) none of the other choices are correct

(B)

278. Since the physical or mental condition of a party raises many privacy issues, parties requesting an opposing party to submit to an examination: (A) must show a reasonable need for the information (B) must show a greater need for the information than for other forms of discovery (C) need not show a greater need for the information than for other forms of discovery (D) need not inform the defendant of his need for the information (E) none of the other choices are correct

(B)

279. Discovery can impose significant costs on businesses, making them more likely to: (A) enter counterclaims against the plaintiff (B) settle out of court (C) release documents without being asked (D) release documents only when directly ordered by a judge (E) none of the other choices are correct

(B)

285. A person is injured in an accident involving a GM car. The person sues GM, claiming the design of the vehicle was defective. They claim that they must ask the president of GM certain questions. The president: (A) must appear at any trial at which he is requested as a witness (B) usually will not have to appear at the trial, but may have to give a deposition (C) may designate subordinates to answer questions for him at a deposition (D) may designate subordinates to give testimony at trial on his behalf (E) cannot be required to participate in the litigation in any way unless he is the defendant

(B)

292. Suppose, before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may: (A) order the parties to settle the case (B) order the parties to appear at a pretrial settlement hearing (C) request the parties to come to a pretrial settlement hearing (D) request the defendant come to a pretrial settlement hearing (E) not have a pretrial settlement hearing unless requested by both parties

(B)

305. The right to a jury trial: (A) must be exercised in all cases (B) does not have to be exercised (C) can only be exercised if both the plaintiff and defendant agree (D) can only be exercised by the defendant (E) none of the other choices are correct

(B)

308. The screening process used to select jury members is called: (A) adverse selection (B) voir dire (C) summary selection (D) venue (E) sequestering

(B)

315. During voir dire for a trial against MaryElise the opposing party's attorney finds that Jenny, one of the potential jurors, went to high school with MaryElise. The attorney challenges Jenny. Jenny will be rejected from the jury if the attorney can: (A) persuade the judge that Jenny will not help the case (B) persuade the judge that Jenny may be biased (C) persuade the judge that she does not like Jenny (D) persuade the judge to cancel the trial (E) persuade the judge that Jenny is not biased

(B)

330. When the judge instructs, or charges, the jury, she: (A) tells the jury how to vote (B) discusses which party has the burden of persuasion (C) allows the jury to select the applicable law (D) allows both sides to meet with the jury in private (E) none of the other choices are correct

(B)

333. To make sure that they remain together and that there is no misconduct, the jury is placed in the custody of the ____ while they deliberate. (A) judge (B) bailiff (C) official lay person (D) priest (E) secretary

(B)

348. Rights are enforced and violations of rights are compensated by: (A) gifts (B) remedies (C) collateral (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(B)

352. Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as: (A) punitive damages (B) compensatory damages (C) nominal damages (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(B)

359. ____ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future. (A) compensatory (B) punitive (C) exceptional (D) nominal (E) injunctive

(B)

361. An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup truck exploded. The jury also awarded the family an additional $100 million damages. The second award is known as: (A) complicated damages (B) punitive damages (C) equitable damages (D) concurrent damages (E) none of the other choices

(B)

362. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called: (A) punitive damages (B) compensatory damages (C) nominal damages (D) an equitable remedy (E) none of the other choices

(B)

367. Which of the following is not a category of monetary damages? (A) compensatory (B) injunction (C) nominal (D) punitive (E) all of the other choices are monetary damages

(B)

375. When a court issues an ex parte temporary restraining order: (A) none of the parties are present (B) only the party requesting the order is present (C) both parties are present (D) only the defendant's attorney is present (E) none of the other choices are correct

(B)

378. When a court orders someone not to do something, this is known as: (A) a reformation (B) an injunction (C) restitution (D) specific compulsion (E) nominal performance

(B)

398. The decision by the majority of the members of an appellate court is referred to as: (A) the court's majority request (B) the court's majority opinion (C) the court's main opinion (D) the court's final opinion (E) none of the other choices are correct

(B)

402. If a judge writes a concurring opinion it means that: (A) he agrees with the outcome for the expressed reason (B) he agrees with the outcome, but for a different reason (C) he does not agree with the outcome (D) he does not agree with the outcome, but realizes it is legally correct (E) none of the other choices

(B)

411. Res judicata means: (A) justice has been done (B) a thing decided (C) the law has spoken (D) let justice be done (E) the justice of the judge

(B)

416. A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a: (A) writ of certiorari (B) writ of execution (C) writ of payment (D) writ of law (E) writ of rejoinder

(B)

432. When an arbitrator is used, which is usually true: (A) the arbitrator is a biased expert (B) the arbitrators is trusted by both parties (C) the matter is resolved more slowly than in most court trials (D) the procedure is more costly than a regular trial (E) all of the other choices are possible

(B)

442. Arbitrations are guided by: (A) the rules of the Supreme Court (B) the rules of the relevant arbitration association (C) the rules of the district court (D) the rules of the International Arbitration Society (E) none of the other choices are correct

(B)

445. The decision of an arbitrator in the arbitration process is called: (A) a settlement (B) an award (C) a report (D) a prescription (E) none of the other choices

(B)

451. Which is not true about an arbitration decision: (A) it need not be in writing (B) it is entered in the public record (C) no rationale need be given for the decision (D) punitive damages may be awarded (E) all of the other choices are true

(B)

456. Which of the following is not a reasonable ground for overturning an arbitration award? (A) the award was obtained by fraud (B) the arbitrator is a friend of one of the parties (C) there is evidence of partiality or corruption by the arbitrator (D) the arbitrator exceeded his power (E) all of the other choices would result in the award being overturned

(B)

458. Arbitration awards are usually final due to the application of the doctrine of: (A) stare decisis (B) res judicata (C) responsible awards (D) final arbitration (E) none of the other choices are correct

(B)

460. Domain name disputes are often settled by arbitration or mediation via the: (A) United Nation's Internet Commission (B) World Intellectual Property organization (C) International Court of Justice (D) International Chamber of Commerce (E) none of the other choices - those must be resolved in each country independently

(B)

463. Negotiation is always: (A) compulsory (B) voluntary (C) very formal (D) conducted with many lawyers (E) alienating

(B)

467. The stages of a negotiation include: (A) planning the negotiation under supervision of an arbitrator (B) exchange of information (C) presenting evidence at court (D) requesting approval of the final agreement by a judge (E) none of the other choices

(B)

469. Almost nothing said in a negotiation may be: (A) used to determine the amount of the settlement (B) used in a court case if the negotiation fails (C) used to determine the attorneys' fees (D) used to determine fault (E) none of the other choices are correct

(B)

472. The goal of mediation is to: (A) create an adversarial environment (B) reach a mutually acceptable agreement (C) win a judgment against one's opponent (D) force one party to accept defeat (E) hide information from one's opponent

(B)

474. Unlike arbitrators, mediators: (A) can impose decisions on both parties (B) cannot impose a decision (C) cannot help resolve a conflict (D) cannot create law (E) cannot bend the rules of arbitration

(B)

475. Surveys indicate that lawyers: (A) prefer arbitration to mediation (B) prefer mediation to arbitration (C) prefer trials to mediation (D) prefer trials to arbitration (E) none of the other choices

(B)

486. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. Because Musclematic is a business, if Amanda files suit against them, the case is: (A) likely to be over rather quickly (B) likely to require use of many documents and exhibits (C) likely to result in a small jury award (D) likely to be appealed before the trial is over (E) none of the other choices

(B)

488. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. You are Amanda's attorney. To begin your lawsuit against Musclematic you must first: (A) file a for a hearing (B) file a complaint (C) file a reply (D) file an answer (E) file a counterclaim

(B)

495. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. To win against Musclematic, Amanda must prove that the machine caused her injuries: (A) beyond a shadow of a doubt (B) by a preponderance of the evidence (C) by all due means (D) with good intent (E) with equitable intent

(B)

496. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. If Ellen takes her dispute to the local court, according to the Federal Arbitration Act, what should happen? (A) the court will hear the case (B) the court should dismiss the case (C) the court will hear the case, but only if both parties disagree as to the subject matter (D) the FAA will not apply here, because the dispute involves intangible property (E) none of the other choices

(B)

498. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. Ellen and James arbitrate their dispute, who is most likely to be selected as an arbitrator? (A) a federal judge (B) a neutral expert on investment issues (C) a partial expert on consumer affairs (D) a mediator (E) a conciliator

(B)

266. If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may procure the following to ensure the confidentiality of the secret: (A) a counterclaim (B) a deposition (C) a protective order (D) an injunction (E) a restraint of trade

(C)

268. A protective order: (A) means that a party does not have to produce the requested documents (B) allows the defendant to hide information from the plaintiff (C) limits access to material so as to ensure confidentiality (D) limits the time the plaintiff may look at the defendant's materials (E) none of the other choices are correct

(C)

271. Information such as medical bills are given to the opposing party in litigation as a result of: (A) an interrogatory (B) a request for admission (C) an order for the production of documents (D) a deposition (E) any of the other choices can be correct

(C)

283. If a party refuses to comply with a court order to produce documents or answer written interrogatories: (A) nothing can be done, since no one can be forced to answer questions - the trial must proceed as best it can (B) nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information (C) the court can find the party in contempt of court, which can result in fines or imprisonment (D) the court can declare a mistrial and order the procedure to begin again (E) none of the other choices are correct

(C)

286. If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for: (A) j.n.o.v. (B) directed verdict (C) summary judgment (D) mistrial (E) none of the other choices

(C)

293. As a general rule, judges who are scheduled to have a case tried before them: (A) are not allowed to pressure the parties to come to a settlement (B) may not allow a settlement once discovery is completed (C) may strongly encourage the parties to settle and not have a trial (D) may rule in favor of a party that refuses to agree to a settlement before trial (E) none of the other choices

(C)

295. A conference between the attorneys and judges held before the trial to simplify issues and plan the course of the trial is known as a: (A) pretrial arrangements (B) pretrial meeting (C) pretrial conference (D) post-trial conference (E) none of the other choices are correct

(C)

299. A case is ready to go to trial after completion of: (A) the allegation process (B) the reading process (C) the discovery process (D) the summary process (E) the litigation process

(C)

300. A case is ready to go to trial after completion of: (A) the allegation process (B) the reading process (C) the litigation process (D) the summary process (E) none of the other choices are correct

(C)

312. The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called: (A) dire voir (B) stare decisis (C) voir dire (D) decisis stare (E) strict questioning

(C)

313. The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called: (A) dire voir (B) stare decisis (C) relative questioning (D) decisis stare (E) none of the other choices are correct

(C)

318. Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the: (A) state decisis statements (B) closing statements (C) opening statements (D) voir dire statements (E) none of the other choices are correct

(C)

321. Following the opening statements at a trial, the: (A) bailiff flips a coin to see who goes first (B) defendant goes first since he has the burden of proving the plaintiff's arguments are wrong (C) plaintiff goes first since she has the burden of proving that her arguments are correct (D) plaintiff goes first in civil cases, the defendant goes first in criminal cases (E) judge decides who goes first depending on the type of case

(C)

326. Before the case goes to the jury, the attorneys of both parties present: (A) the voir dire (B) the summary discussion (C) closing (final) arguments (D) the rebuttal evidence (E) the hearsay evidence

(C)

331. At most trials, after the parties present their closing arguments, the: (A) jury answers questions from the judge to show competence (B) jury is required to determine only the facts (C) judge instructs the jury on the law - the jury applies the law to the facts it determines (D) judge may not instruct the jury on the law (E) none of the other choices are correct

(C)

341. A judge will declare a mistrial if: (A) the jury reaches a verdict too quickly (B) the jury reaches a verdict after more than 3 days (C) the jury cannot reach a verdict (D) the jury pretends to reach a verdict (E) none of the other choices are correct

(C)

354. A court may award compensatory damages. Those are damages that: (A) compensate the injured party for all medical expenses and lost wages only (B) the defendant anticipated in advance would cover plaintiff's medical expenses (C) place the injured party in the economic position she was in before the injury (D) can be implied from an injury (E) none of the other choices

(C)

365. When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called: (A) punitive damages (B) trivial damages (C) nominal damages (D) equitable damages (E) compensatory damages

(C)

368. In situations when monetary damages are not practical or effective, the court may order a remedy in equity. These include: (A) punitive damages (B) conjunctions (C) specific performance (D) public flogging (E) none of the other choices

(C)

379. Specific performance refers to a remedy when the court: (A) requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted (B) directs the defendant to stop doing certain activities (C) orders the defendant to do what he had promised the plaintiff he would do (D) orders the defendant to pay compensatory damages to the plaintiff (E) all of the other choices are correct

(C)

383. A preliminary injunction is also known as a(n): (A) dispute injunction (B) voir dire injunction (C) interlocutory injunction (D) final injunction (E) primary injunction

(C)

387. A permanent injunction is a(n): (A) temporary court order (B) initial court order, issued before the conclusion of the trial (C) final court order, issued after the conclusion of the trial or as part of a settlement agreement (D) lasting court order (E) final court order, issued before the conclusion of the trial

(C)

405. An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a: (A) majority opinion (B) dissenting opinion (C) concurring opinion (D) modifying opinion (E) none of the other choices - no such written opinion is allowed, except at the Supreme Court

(C)

418. A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called: (A) writ of execution (B) res judicata (C) garnishment (D) specific performance (E) none of the other choices

(C)

423. In the United States, the role of the judge is usually limited to applying the law to the facts of the case. In Germany, the judge: (A) cannot apply the law to the facts of the case (B) is presented with the facts of the case by witnesses (C) decides the facts of the case and then applies the law to those facts (D) decides the facts of the case, but may only apply the law in limited circumstances (E) none of the other choices are correct

(C)

431. An advantage of using an arbitrator is: (A) the arbitrator is a biased expert (B) the arbitrators is not trusted by both parties (C) the matter is resolved more quickly than in most court trials (D) the process is more costly than a regular trial (E) all of the other choices are correct

(C)

435. The arbitration process begins with: (A) a remission (B) a complaint (C) a submission (D) a motion to permit suit (E) a demurrer

(C)

438. When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually: (A) an attorney who knows nothing about the issues in the matter and is unbiased (B) a management representative of one side to the dispute (C) a neutral expert in the field who may or may not be an attorney (D) a judge who has experience in small claims courts (E) a competitor of both parties

(C)

439. An arbitrator must be: (A) an attorney (B) related to the plaintiff (C) impartial (D) biased (E) educated beyond the college level

(C)

449. The decision of an arbitrator: (A) must be in writing (B) is referred to as a reward (C) is binding on the parties as if it were a court decision (D) may never be appealed (E) all of the other choices

(C)

454. When a losing party to an arbitration appeals the arbitrator's decision to the courts, to have a chance of success, the appeal best be based on: (A) errors of law (B) errors of fact (C) fraud (D) misunderstanding of circumstances (E) failure to comply with civil procedure

(C)

468. If a negotiation is conducted properly: (A) the parties will immediately proceed to trial (B) the parties will terminate their relationship (C) almost nothing said in negotiation will be usable in a later court case (D) the evidence presented at negotiation will be pre-approved for use in any later court case, saving time and money (E) the decision will be automatically applied by a court

(C)

470. Many international contracts involving the sale of cotton require that disputes be taken to the (A) Global Trade Association (B) New York Convention (C) International Cotton Association (D) U.S. International Trade Court (E) none of the other choices

(C)

476. Mediation is: (A) forced (B) involuntary (C) voluntary (D) not respected by attorneys (E) none of the other choices are correct

(C)

484. What is the general rule concerning what is said during a mediation and a later court proceeding? (A) mediators must always testify about what they know (B) mediators will often, but not always, have to testify (C) mediators cannot be required to testify (D) mediators may never testify (E) none of the other choices is the correct rule as stated by the Colorado Supreme Court

(C)

489. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. Amanda does file a suit against Musclematic. But assume that she waits too long to file the claim. When Musclematic replies to Amanda's initial pleading, it should: (A) file a complaint (B) file a response (C) answer with an affirmative defense (D) file a motion for judgment (E) file a request for rehearing

(C)

494. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. After Amanda presents her case, the attorney for Musclematic would be best advised to: (A) head for the hills (B) start writing a great big check (C) move for a directed verdict (D) move for a j.n.o.v (E) move to another state

(C)

497. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. Assume that Ellen sees James' unauthorized actions as the basis for a legal dispute. If she arbitrates, what must she do first? (A) file a complaint (B) file an answer (C) file a submission (D) file a reverter (E) file a rejoinder

(C)

501. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. After Ellen receives her determination from the arbitrators, James decides that the arbitrator was wrong in his understanding of the brokerage agreement. James decides to appeal the decision of the arbitrators. In this case: (A) he may not appeal the decision (B) only Ellen may appeal the decision (C) he may appeal to a court, but he is unlikely to win (D) he may appeal only to the New York Stock Exchange (E) none of the other choices

(C)

503. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. Before arbitrating this disputes, Ellen and James might be wise to attempt: (A) litigation (B) physical violence (C) negotiation (D) reconciliation (E) animation

(C)

506. Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that: (A) the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed. (B) the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed. (C) the trial judge should have held a hearing at which he determined witness credibility, so the judgment was vacated. (D) the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated. (E) none of the other choices are correct.

(C)

276. If the mental or physical condition of a party to a suit is an issue raised by the other party the: (A) court cannot require an examination since that violates the constitutional right to privacy about medical issues (B) court will only allow evidence from the experts of the plaintiff's choosing (C) court will sanction a rule to comply (D) party requesting the order must show a greater need for this information than for other kinds of discovery (E) none of the other choices are correct

(D)

277. If the mental state a party to a suit is an issue raised by the other party the: (A) court cannot require an examination since that violates the constitutional right to privacy (B) court will only allow evidence from the experts of the plaintiff's choosing (C) court will sanction a rule to comply (D) court may allow an examination given by specialists of the opposition's choosing (E) none of the other choices are correct

(D)

281. In British court proceedings: (A) barristers remain behind one long table (B) most objections are raised outside the presence of the jury (C) most objections are resolved before the witness is called (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

289. Summary judgment is granted when: (A) when the plaintiff fails to provide an expert witness (B) when the court cannot apply the law to the undisputed facts of the case (C) when the court has been in session for at least three months (D) when the court can apply the law to the undisputed facts and resolve the dispute (E) none of the other choices are correct

(D)

290. Summary judgment: (A) can be granted, even if there are differences over what happened (B) can apply to all of the issues (C) can apply to only some of the issues (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

301. In the federal courts the right to a jury trial is guaranteed: (A) in all cases (B) only in criminal cases, not in civil cases (C) only in civil cases, not in criminal cases (D) in common law cases in which over $20 is in dispute (E) in no cases - juries are only used in state courts

(D)

302. The U.S. Constitution guarantees a right to a jury trial in: (A) the First Amendment (B) the Fourth Amendment (C) the Fifth Amendment (D) the Sixth Amendment (E) the Eighth Amendment

(D)

303. The U.S. Constitution guarantees a right to a jury trial in: (A) the First Amendment (B) the Fourth Amendment (C) the Fifth Amendment (D) the Seventh Amendment (E) none of the other choices - the Constitution only guarantees a right to trial, not to a jury

(D)

320. Opening statements give lawyers the opportunity to: (A) explain their clients' view of the case to the jury (B) tell the jury who the witnesses will be (C) provide a roadmap of the trial (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

325. After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge denies the motion. The next step in the trial is that the attorney: (A) for DeepBlue presents a closing argument (B) for DeepBlue presents her expert witnesses (C) for Paul's instructs the jury (D) for Paul's presents his case (E) for Paul's moves for a mistrial

(D)

334. In a civil trial the parties must prove their contentions: (A) beyond a reasonable doubt (B) with all due certainty (C) to the satisfaction of the plaintiff (D) by a preponderance of the evidence (E) unanimously

(D)

337. If a jury cannot reach a decision, the jury is said to be: (A) divided (B) deliberated (C) sequestered (D) hung (E) none of the other choices

(D)

338. If a jury cannot reach a decision, the jury is said to be: (A) divided (B) deliberated (C) sequestered (D) hung (E) redirected

(D)

371. Megan signs a contract saying she will sell Scott a rare Pokemon card for $5000. She later refuses to sell the card. Scott sues Megan and the court orders Megan to sell the card to Scott for $5000. This is an example of the equitable remedy of: (A) specific price (B) specific compensation (C) specific cost (D) specific performance (E) specific adherence

(D)

373. An example of an injunction is a court order directing someone to stop doing something. This is a part of: (A) nominal damages that courts may award (B) exemplary damages that courts may award (C) compensatory damages that courts may award (D) equitable remedies that courts may use (E) none of the other choices

(D)

376. Christy has many dealings in court. Which of the following court orders affecting her is not a remedy in equity? (A) a directive forcing her to send her children to school (B) a court order for her to stop harassing the mailman (C) instruction from the judge to not burn rubber tires in her backyard (D) the loss of her driver's license for driving under the influence of alcohol (E) all of the other choices are remedies in equity

(D)

380. Luis, a highly talented painter, signs a contract to paint Mina's home, which is very unique and difficult to paint. After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house as agreed. Mina is requesting: (A) injunctive relief (B) restitution of the contract (C) remission of the contract (D) specific performance of the contract (E) compensatory damages from Luis for failure to fulfill the contract

(D)

391. Parties can appeal a court's decision if: (A) there was a failure by the trial judge to admit or exclude certain evidence (B) there were improper instructions being given to the jury (C) there was granting or denying of motions to dismiss the case (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

393. Parties present their arguments to appellate courts by: (A) holding a new trial with a new jury (B) holding a new trial with the same jury used before (C) holding a new trial without a jury (D) presenting written briefs and oral arguments (E) reading the trial transcript to the court

(D)

396. An appellate court can do which of the following: (A) affirm the judgment of the trial court (B) reverse the judgment of the trial court (C) modify the judgment of the trial court (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

400. An appellate court's majority opinion: (A) provides guidance for the defendant about how to apply for a retrial (B) provides guidance for the plaintiff about how to apply for a retrial (C) gives the legal rationale for a secondary appeal (D) gives the legal rationale for the court's decision (E) none of the other choices are correct

(D)

401. An appellate court's majority opinion: (A) provides guidance for the defendant about how to apply for a retrial (B) provides guidance for the plaintiff about how to apply for a retrial (C) provides guidance for the attorneys about how to apply for a retrial (D) provides guidance to judges and attorneys for the resolution of similar disputes (E) none of the other choices are correct

(D)

407. If an appeals court reverses a trial court decision, it: (A) may order that the judgment be reversed (B) may remand the case to the trial court for a retrial (C) may affirm the decision of the trial court but modify it in an important way (D) may do any of the other specific choices (E) may do none of the choices listed here

(D)

414. After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay? (A) a writ of certiorari (B) a writ of habeas corpus (C) a writ of rejoinder (D) a writ of execution (E) a writ of remuneration

(D)

420. It can be difficult to collect a judgment if: (A) a party does not have valuable property to seize (B) the losing party flees the jurisdiction taking his property with him (C) the losing party hides his property out of the country (D) all of the other specific choices can make it difficult to collect a judgment (E) none of the other specific choices are correct

(D)

421. The rules governing trial procedures in Germany: (A) are nearly identical to those used in the U.S. (B) are no different from those of other all civil law countries (C) rely more heavily on juries than do courts in the U.S. (D) permit judges to question witnesses in court (E) prohibit the use of discovery

(D)

428. A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called: (A) mediation (B) negotiation (C) mini-trial (D) arbitration (E) summary jury trial

(D)

448. After the close of an arbitration hearing, the arbitrator: (A) grants an injunction against the losing party (B) orders specific performance by the losing party (C) requires the parties to negotiate a settlement within specific boundaries (D) determines an award (E) all of the other choices are common results

(D)

450. Which is true about an arbitration decision: (A) it must be in writing (B) it is entered in the public record (C) the legal basis must be explained by the arbitrator (D) there may be punitive damages (E) all of the other choices

(D)

453. As a practical matter, when a party is unhappy with the decision from arbitration, it is most common to: (A) appeal to the International Chamber of Commerce (B) appeal to the International Court of Justice (C) appeal to a state or federal court (D) obey the ruling (E) none of the other choices

(D)

457. Res judicata with reference to arbitration means: (A) let the superior answer (B) let the court speak (C) the judgment may be appealed (D) the judgment is final (E) the judgment is corrupt

(D)

461. The least formal method of alternative dispute resolution is: (A) court-annexed arbitration (B) mini-trial (C) mediation (D) negotiation (E) arbitration

(D)

471. If the loser of an arbitration decision in an international cotton contract dispute fails to follow the order of the arbitrator: (A) the United Nation's International Arbitration Enforcement mechanism will bring about enforcement (B) the party refusing to pay will be subject to triple damages plus attorney fees (C) the Court of Appeals for the Federal Circuit will enforce the judgment (D) the fact of failure to pay may be advertised to try to discourage dealing with that party (E) none of the other choices are correct

(D)

478. One key area in which mediation is often used is: (A) the investment industry (B) for college professors (C) for technical employees (D) for labor disputes (E) for environmental disputes

(D)

487. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. If Amanda sues Musclematic she will probably file a products liability claim. If she does, if she wins the case, and if she receives an average award from a jury, Amanda will receive: (A) over $10,000 (B) over $100,000 (C) over $500,000 (D) over $1,000,000 (E) an order for specific performance

(D)

492. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. What is the likelihood that Amanda will be able to depose the president of Musclematic or obtain an interrogatory? (A) wholly unlikely (B) maybe, but almost certainly not (C) slightly likely (D) very likely (E) forget it, she couldn't depose the president if her life depended upon it

(D)

499. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. After Ellen presents her dispute for arbitration, the parties will present their evidence before an arbitrator, or arbitral panel. This presentation is known as: (A) the trial (B) the post-trial (C) the showing (D) the hearing (E) the award

(D)

267. If one party to a lawsuit requests the production of documents that would expose a trade secret, the party against whom the request is made may: (A) request the trial be held in closed session (B) not prevent exposure of the trade secret since the evidence is key to proceedings (C) seek an injunction against the suit proceeding further (D) obtain a court order that plaintiff pay the value of the secret if it is revealed (E) none of the other choices

(E)

274. Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use: (A) interrogatories (B) expert witness commentary (C) protective order for documents (D) sanctions (E) none of the other choices are correct

(E)

284. If a party refuses to comply with a court order to produce documents or answer written interrogatories, the court may: (A) enter judgment in favor of the other party (B) impose sanctions on the party refusing to answer (C) impose fines on the party refusing to answer (D) send the party refusing to answer to jail (E) all of the other choices are possible

(E)

287. If the parties to a case agree as to the facts of the dispute, before trial, either party may ask the judge to apply the law to those facts and resolve the dispute. This is a request for: (A) j.n.o.v. (B) directed verdict (C) counterclaim (D) mistrial (E) none of the other choices

(E)

294. As a general rule, judges who are scheduled to have a case tried before them: (A) are not allowed to pressure the parties to come to a settlement (B) may not allow a settlement once discovery is completed (C) may request punishment by the state bar association for the lawyer who did not cooperate (D) may rule in favor of a party that refuses to agree to a settlement before trial (E) none of the other choices

(E)

296. A conference between the attorneys and judges held before the trial to simplify issues and plan the course of the trial is known as a: (A) pretrial arrangements (B) pretrial meeting (C) pretrial pow-wow (D) post-trial conference (E) none of the other choices are correct

(E)

306. The right to a jury trial: (A) must be exercised in all cases (B) can only be exercised by the plaintiff (C) can only be exercised if both the plaintiff and defendant agree (D) can only be exercised by the defendant (E) none of the other choices are correct

(E)

309. The screening process used to select jury members is called: (A) adverse selection (B) sequestering (C) summary selection (D) venue (E) none of the other choices

(E)

311. Voir dire is: (A) the defendant's response to the plaintiff (B) the process used to select attorneys (C) the defendant's claims against the plaintiff (D) the plaintiff's claims against the defendant (E) none of the other choices are correct

(E)

317. At the beginning of the trial both lawyers make ____, which tell the jury what the crucial facts are and how they will prove those facts to support their position. (A) state decisis statements (B) closing statements (C) pre-trial statements (D) voir dire statements (E) none of the other choices are correct

(E)

319. Attorneys get a change to explain their clients' view of the case to the jury, tell the tell the jury who the witnesses will be, and provide a roadmap of the trial during the: (A) state decisis statements (B) closing statements (C) pre-trial statements (D) voir dire statements (E) none of the other choices are correct

(E)

323. The length of witness examinations is controlled by: (A) the plaintiff (B) the plaintiff's lawyer (C) the defendant (D) the defendant's lawyer (E) the judge

(E)

324. The length of witness examinations is controlled by: (A) the witness (B) the plaintiff's lawyer (C) the jury (D) the defendant's lawyer (E) none of the other choices are correct

(E)

327. Before the case goes to the jury, the attorneys of both parties present: (A) the voir dire (B) the summary discussion (C) the hearsay evidence (D) the rebuttal evidence (E) none of the other choices are correct

(E)

328. Before the case goes to the jury, each attorney presents ____ in which he or she summarizes the evidence for the jury in a manner most favorable to their case. (A) a summary discussion (B) hearsay evidence (C) voir dire evidence (D) a closing statement (E) a closing argument

(E)

329. Before the case goes to the jury, each attorney presents ____ in which he or she summarizes the evidence for the jury in a manner most favorable to their case. (A) a summary discussion (B) hearsay evidence (C) voir dire evidence (D) a jury instruction (E) none of the other choices are correct

(E)

335. In a civil trial the parties must prove their contentions: (A) beyond a reasonable doubt (B) with "all due certainty" (C) to the satisfaction of the plaintiff (D) unanimously (E) none of the other choices

(E)

339. If a jury cannot reach a decision, the jury is said to be: (A) divided (B) deliberated (C) sequestered (D) redirected (E) none of the other choices

(E)

343. After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a(n): (A) assertive judgment (B) motion for voir dire (C) special verdict (D) general verdict with interrogatories (E) none of the other choices

(E)

349. Remedies available in the U.S. legal system include: (A) punitive damages (B) compensatory damages (C) nominal damages (D) injunctions (E) all of the other options

(E)

353. Damages intended to give injured parties enough money to restore them to the economic position they were in before the injury are known as: (A) punitive damages (B) conciliatory damages (C) nominal damages (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(E)

360. ____ damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the future. (A) compensatory (B) injunctive (C) exceptional (D) nominal (E) none of the other choices are correct

(E)

364. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $100,000 is called: (A) extra damages (B) compensatory damages (C) nominal damages (D) an equitable remedy (E) none of the other choices

(E)

369. In situations when monetary damages are not practical or effective, the court may order a remedy in equity. These include: (A) punitive damages (B) conjunctions (C) nominal damages (D) public flogging (E) none of the other choices

(E)

377. Christy has many dealings in court. Which of the following court orders affecting her is not a remedy in equity? (A) a directive forcing her to send her children to school (B) a court order for her to stop harassing the mailman (C) instruction from the judge to not burn rubber tires in her backyard (D) an order to sell her house to a buyer as promised (E) all of the other choices are remedies in equity

(E)

384. A preliminary injunction is also known as a: (A) dispute injunction (B) voir dire injunction (C) primary injunction (D) final injunction (E) none of the other choices are correct

(E)

385. Before issuing a preliminary or interlocutory injunction a court considers the following factor(s): (A) the parties' relative likelihood of success on the merits (B) the likelihood that the plaintiff will suffer an irreparable injury if the injunction is not granted (C) the balance of the equities (D) the public interest (E) all of the other choices are factors the court considers

(E)

389. A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a: (A) cogent injunction (B) final injunction (C) preliminary injunction (D) partial injunction (E) none of the other choices are correct

(E)

399. The majority decision of an appellate court is referred to as: (A) the court's majority request (B) the court's majority ultimatum (C) the court's main opinion (D) the court's final opinion (E) none of the other choices are correct

(E)

404. If an appellate court judge disagrees with the majority opinion, she may write a: (A) deviating opinion (B) disgruntled opinion (C) focused opinion (D) deviant opinion (E) none of the other choices are correct

(E)

406. An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a: (A) majority opinion (B) dissenting opinion (C) confident opinion (D) modifying opinion (E) none of the other choices - no such written opinion is allowed, except at the Supreme Court

(E)

409. When an appellate court disagrees with the decision reached by the trial court, the appellate court: (A) remits the decision (B) affirms the decision (C) adjusts the decision (D) rescinds the decision (E) none of the other choices are correct

(E)

412. Res judicata means: (A) justice has been done (B) the justice of the judge (C) the law has spoken (D) let justice be done (E) none of the other choices

(E)

415. After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay? (A) a writ of certiorari (B) a writ of habeas corpus (C) a writ of rejoinder (D) a writ of payment (E) none of the other choices

(E)

417. A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is known as a: (A) writ of certiorari (B) writ of rejoinder (C) writ of payment (D) writ of law (E) none of the other choices are correct

(E)

419. A court order for a certain amount of a debtor's paycheck to be paid on a regular basis to the winner of a court judgment is called: (A) writ of rejoinder (B) res judicata (C) writ of payment (D) specific performance (E) none of the other choices

(E)

425. The most widely recognized form of alternative dispute resolution process is: (A) absolution (B) mini-trials (C) mediation (D) hearings (E) none of the other choices

(E)

427. ____ is the most widely recognized form of Alternative Dispute Resolution. (A) Litigation (B) Mediation (C) Negotiation (D) Mini-trial (E) none of the other choices are correct

(E)

429. A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decision is called: (A) mediation (B) negotiation (C) mini-trial (D) summary jury trial (E) none of the other choices are correct

(E)

430. The usual advantages of using an arbitrator are: (A) the arbitrator is a neutral expert (B) the arbitrators is trusted by both parties (C) the matter is resolved more quickly than in most court trials (D) less costly than a regular trial (E) all of the other choices are possible

(E)

433. According to the Federal Arbitration Act: (A) parties must always use arbitration before going to court (B) arbitration is not recognized by the government (C) arbitration is allowed only for claims under $75,000 (D) arbitration must be pre-approved by a court (E) courts must uphold agreements to arbitrate

(E)

436. The arbitration process formally begins with filing: (A) a remission (B) a complaint (C) a demurrer (D) a motion to permit suit (E) none of the other choices

(E)

440. An arbitrator must be: (A) an attorney (B) the choice of the plaintiff (C) educated beyond the college level (D) biased (E) none of the other choices are correct

(E)

444. An arbitral hearing is: (A) conducted according to rules the parties choose (B) normally an open-door proceeding (C) less formal than a trial (D) normally faster than a court trial (E) all of the other choices

(E)

446. The decision of an arbitrator in the arbitration process is called: (A) a settlement (B) a holding (C) a report (D) a prescription (E) none of the other choices

(E)

459. Which contracts often include arbitration clauses? (A) insurance contracts (B) investment contracts with stockbrokers (C) many commercial contracts (D) labor contracts (E) all of the other choices

(E)

462. The least formal method of alternative dispute resolution is: (A) court-annexed arbitration (B) mini-trial (C) mediation (D) arbitration (E) none of the other choices are correct

(E)

466. When studying the issues involved in a negotiation, a party should: (A) gather facts and relevant information (B) not rely on personal opinions (C) consider the objectives of negotiation (D) understand the weak points of his own position (E) all of the other specific choices are correct

(E)

480. In mediation, which of the following activities must the mediator conduct? (A) gather information (B) explain the process to the parties (C) encourage compromise (D) discuss options with the parties (E) all of the other choices are likely included

(E)

482. Which of the following is NOT part of a mediator's job: (A) collecting information (B) outlining key issues (C) encouraging compromise (D) discussing options (E) bringing a case to court

(E)

483. Which of the following is NOT part of a mediator's job: (A) collecting information (B) outlining key issues (C) encouraging compromise (D) discussing options (E) all of the other specific choices are part of a mediator's job

(E)

485. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. If Amanda files a lawsuit against Musclematic, the company might want to seriously consider: (A) how this litigation will affect its goodwill (B) whether or not a settlement with Amanda is a viable option (C) whether this suit will adversely affect other business relationships (D) the costs associated with litigating this claim (E) all of the other choices

(E)

491. Fact Pattern 3-1 Amanda is a twenty-four year old student. For two years Amanda has been going to gym and using weight equipment, stationary bicycles, and step machines to improve muscle tone. One spring afternoon Amanda was using a weight machines in the usual way (and the way she was showed how to use it), when the machine malfunctioned causing her serious injury. The company that made the machine, Musclematic, has known for the past year that this problem existed, but the company took no steps to warn people who owned or used these machines of the problem. Refer to Fact Pattern 3-1. After the pleading stage of Amanda's lawsuit is complete, she need to use the discovery process to gather information. If Amanda wants to see the design plans for the machine that injured her she should: (A) request a deposition (B) request a set of written interrogatories (C) request a special verdict (D) request an admission (E) request a production of documents

(E)

502. Fact Pattern 3-2 Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract - the dispute shall be arbitrated using the rules of the New York Stock Exchange." Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Refer to Fact Pattern 3-2. Assume that James appeals the decision of the arbitrators to a state court. He wants to argue that using the New York Stock Exchange rules was unfair to him. Most likely, James will: (A) win hands down - the rules are unfair (B) win, if he shows that the rules favor stockbrokers (C) win, based on the legal doctrine of res judicata (D) lose, because the arbitrators were acting like judges (E) lose, because the courts routinely uphold arbitration proceedings

(E)

507. Barabin was exposed to products containing asbestos at work that he contended caused his lung cancer. The products were made by AstenJohnson, which he sued. At trial, AstenJohnson contended Barabin's expert witness was not qualified to testify and asked the judge to hold a hearing to determine credibility. The judge refused, saying that was for the jury to determine. The jury awarded Barabin $10.2 million. AstenJohnson appealed, contending the judge was responsible for determining the credibility of the expert witness. The court of appeals held that: (A) the trial judge has the discretion to review an expert's credentials or may leave it to the jury, so the judgment was affirmed. (B) the trial judge may not, without jury agreement, dismiss a witness for lacking credibility, so the judgment was affirmed. (C) the trial judge should have dismissed the suit because the injury occurred at work, so workers' compensation is the only remedy for Barabin. (D) the trial judge should have held a hearing at which he determined witness credibility because more than $75,000 was at stake, so the judgment was vacated. (E) none of the other choices are correct.

(E)

509. SBD Kitchens and a client, Jefferson, got into a dispute about work done for the Jeffersons, who sued. The contract contained an arbitration clause, so the court ordered the parties to go to arbitration. The arbitrator found that SBD breached its contract. He also found that the Jeffersons defamed SBD by spreading negative information about the company. The Jeffersons were ordered to pay damages of almost $200,000. They appealed to the court of appeals. It held that: (A) the award was overturned as there was evidence the arbitrator was "grossly biased." (B) the award for breach of contract was affirmed but not the judgment for defamation, as it was not related to the contract. The arbitrator exceeded his authority. (C) the award was overturned as a "obvious error in law" concerning defamation. (D) the decision was valid but the amount awarded was excessive, so must be reduced. (E) none of the other choices are correct.

(E)

167. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as: (A) an adversary system of justice (B) an aversive system of justice (C) an adversarial system of justice (D) a complex system of justice (E) none of the other choices are correct

(A)

177. The first pleading is commonly called: (A) the complaint (B) the answer (C) the affirmative defense (D) the res judicata (E) none of the other choices

(A)

181. Along with a summons, the plaintiff serves the defendant with: (A) a copy of the complaint (B) a copy of the evidence against the defendant (C) a copy of the plaintiff's citizenship (D) a copy of the plaintiff's lawyer's contract (E) none of the other choices are correct

(A)

187. Statements alleging the essential facts necessary for the court to take jurisdiction are included in the ____. (A) complaint (B) summons (C) compliance documents (D) complied case files (E) evidence statement

(A)

188. Statements of the facts necessary to claim that the plaintiff is entitled to remedy are included in the ____. (A) complaint (B) summons (C) compliance documents (D) official court statement (E) responsive statement

(A)

189. Statements of the remedy that the plaintiff is seeking are included in the: (A) complaint (B) summons (C) compiled case files (D) service of procedure (E) defendant statement

(A)

191. Following service of the plaintiff's complaint, defendant would not file which of the following: (A) a deposition (B) a motion to dismiss (C) an answer with an affirmative defense (D) a counterclaim (E) all of the other choices are possible

(A)

195. If a defendant does not respond to the plaintiff's complaint the court will: (A) presume the claims of the plaintiff are true and grant the plaintiff the relief requested in the complaint (B) presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint (C) presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint (D) presume the defendant is dead and not grant the plaintiff the relief requested in the complaint (E) none of the other choices are correct

(A)

199. An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as: (A) a motion to dismiss for failure to state a claim (B) a motion to rescind for failure to state a claim (C) a motion to resign for failure to state a claim (D) a motion to dismiss for failure of evidence (E) a motion to call for failure of evidence

(A)

208. In an affirmative defense: (A) the defendant admits to the facts claimed by the plaintiff, but offers additional facts (B) the defendant denies all the facts claimed by the plaintiff (C) the defendant does not respond (D) the defendant hires a special lawyer (E) none of the other choices are correct

(A)

218. A defendant may make a counterclaim against the plaintiff: (A) based on the same events the plaintiff bases the complaint on (B) only if it involves different events than those the plaintiff bases the complaint on (C) only if the plaintiff agrees (D) only if the court doubts the plaintiff (E) none of the other choices are correct

(A)

224. The purpose of the pleadings is to: (A) notify each of the parties of the claims and defenses of each other (B) limit the evidence to the agreed upon items (C) determine if a jury will be used (D) none of the other choices are correct (E) all of the other specific choices are correct

(A)

231. The discovery state in the trial process prevents a: (A) "trial by ambush" (B) "trial by surprise" (C) "trial by interrogation" (D) "trial by treachery" (E) "trial by chicanery"

(A)

233. The ____ stage of a trial helps to preserve the testimony of witnesses whose memory may fade over time. (A) discovery (B) distant (C) recorded (D) written (E) recorded testimony

(A)

238. Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of: (A) the tools of discovery (B) the tools of evidence (C) the tools of interrogation (D) the tools of trial (E) none of the other choices are correct

(A)

241. Depositions: (A) are taken before trial, during discovery (B) are taken before trial, during discovery, but may not be taken from the defendant herself (C) are taken before trial or during trial (D) may only be taken once trial has commenced (E) are taken during preparation for appeals

(A)

244. Depositions are: (A) sworn, in-person testimony of a witness recorded by a court reporter (B) questionable, in-person testimony of a witness recorded by a court reporter (C) sworn, in-person testimony of a witness recorded by a friend (D) testimony of a witness written in response to questions (E) none of the other choices are correct

(A)

246. If a witness is unavailable at the time of trial, his ____ may be allowed in place of live testimony. (A) deposition (B) summary of events (C) secretly recorded phone conversations (D) transcripts of previous conversations with the defendant or plaintiff (E) none of the other choices are correct

(A)

256. If a party uses an expert witness to assert the existence of harm based on evidence that is contrary to scientific standards the case may be: (A) ended by summary judgment (B) resolved by the jury (C) ended by ultimate judgment (D) continued with new expert witnesses (E) referred to the Supreme Court

(A)

260. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that: (A) the expert for plaintiff Barabin failed to meet the standard of reliability, so there would be a new trial (B) the expert for plaintiff Barabin failed to meet the standard of reliability, so it reversed the judgment to be in favor of AstenJohnson (C) the expert witness for Barabin failed to meet the standard for reliability, so that testimony would be stricken from the record but the judgment would stand (D) the expert witness for AstenJohnson could not be a company employee, it had to be an independent expert (E) none of the other choices are correct

(A)

262. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that: (A) the plaintiff's expert witnesses did not meet the reliability standard for the admission of expert testimony (B) the plaintiff had no case because his failed to follow the proper procedures regarding timely filing of depositions (C) the defendant was liable for damages due to proximate cause overcoming superseding events related to the illness (D) the defendant could only be sued in federal court (E) none of the other choices are correct

(A)

263. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that the testimony of the plaintiff's expert witnesses was not legally permissible evidence because: (A) the expert witness's testimony did not meet the Daubert reliability standard (B) the plaintiff failed to fill out the expert witness testimony forms (C) the expert witness for the plaintiff refused to give a deposition as requested by defendant (D) the expert witness was not from the United States, so could not qualify (E) none of the other choices are correct

(A)

265. Businesses must maintain company records in a coherent manner so that: (A) they may be accessed in case of a lawsuit (B) they may be copied for internal use (C) they may be easily reproduced if the company is sold (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

173. To begin the litigation process, the plaintiff must first: (A) give notice to the defendant by service of process (B) determine in which court to bring the action (C) serve the defendant with the complaint (D) make a motion for a pleading (E) request a pre-trial hearing before a judge

(B)

175. When a plaintiff files a suit against a defendant, plaintiff: (A) must publish a notice of the suit in the legal advertisement section of the local newspaper (B) must give notice to the defendant by service of process (C) must give notice to the defendant by posting notice of the suit with the clerk of the court (D) has no duty to notify defendant since we have a duty to know what legal actions may be pending against us (E) none of the other choices are correct

(B)

194. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most likely to file which of the following in response to the complaint: (A) a motion for judgment on the pleadings (B) a motion to dismiss (C) a motion for a directed verdict (D) a motion j.n.o.v. (E) all of the other choices would be proper at this time

(B)

197. The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the: (A) plaintiff that the defendant has no possible defense (B) defendant that the law furnishes no remedy for plaintiff's claimed injury (C) defendant that the complaint lacks true facts (D) defendant that the court does not have proper jurisdiction over the case (E) none of the other choices are correct

(B)

204. The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as: (A) a rebuttal (B) an answer (C) a countercomplaint (D) a motion to admit (E) a request for hearing

(B)

206. In the pleading known as the ____, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff. (A) rebuttal (B) answer (C) response (D) recall (E) counterpoint

(B)

219. If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing: (A) an answer (B) a reply (C) a counterclaim (D) a demurrer (E) none of the other choices

(B)

221. If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted: (A) a counterclaim (B) an affirmative defense (C) a pleading (D) an answer (E) none of the other choices

(B)

226. The process of obtaining information about the dispute is known as: (A) processing (B) discovery (C) pretrial informing (D) counterclaim informing (E) counterclaim justification

(B)

232. Without the discovery state in the trial process, evidence presented in the trial could: (A) prevent the defendant from hiring a lawyer (B) catch opposing parties by surprise (C) anger the plaintiff (D) insult the defendant (E) falsely represent the defendant

(B)

235. According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that: (A) imposes significant burdens on the other party (B) is not "unduly burdensome" to the other party (C) the other party approves of before hand (D) the bailiff approves of (E) has a historical basis in Roman law

(B)

239. Which of the following is not a typical tool of the discovery process in civil litigation: (A) interrogatories (B) wiretaps (C) orders for production of documents and requests for admissions (D) orders for a mental or physical examination (E) all of the other choices are used

(B)

245. Depositions can be useful in challenging a witness who: (A) does not appear in court (B) changes his story at the trial (C) refuses to respond to cross-examination (D) calls the plaintiff a liar (E) none of the other choices are correct

(B)

249. A party can submit written questions called ____ to the opposing party. (A) depositions (B) written interrogatories (C) civil interrogatories (D) declarations (E) evidence

(B)

251. In preparing answers for written interrogatories, a defendant may: (A) not look up information in files (B) talk to an attorney (C) refuse to answer any questions deemed "offensive" (D) ask the trial judge to interpret questions that are unclear (E) none of the other choices are correct

(B)

252. Written interrogatories are useful for obtaining information: (A) that parties do not want to provide (B) that parties have to look up in files or records (C) that parties are not required to provide (D) that parties can easily recall from memory (E) that parties failed to provide when questioned directly

(B)

254. According to the Supreme Court, a case may be ended by summary judgment if: (A) the judge accepts critical expert witness testimony as credible (B) the judge rejects critical expert witness testimony as not credible (C) the judge refuses to hear the expert witness's testimony (D) an expert witness does not have at least a college education (E) the jury does not find the expert witness credible

(B)

169. An adversary system of justice is one in which: (A) parties must be represented by a lawyer before a neutral court (B) parties must represent themselves before a biased court (C) parties must represent themselves and argue their positions before a neutral court (D) parties may not represent themselves (E) none of the other choices are correct

(C)

180. A complaint filed by a plaintiff need not contain: (A) a statement alleging the facts necessary for the court to take jurisdiction (B) a statement of the facts necessary to show that plaintiff may be entitled to a remedy (C) a statement of the evidence in the plaintiff's possession (D) a statement of the remedy the plaintiff is seeking (E) all of the other choices are necessary

(C)

182. The formal statements made to the court by the parties to a case that list their claims and defenses are called: (A) statements of defense (B) statements of reason (C) pleadings (D) services (E) jurisdictions

(C)

193. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant is most unlikely to file which of the following in response to the complaint: (A) a counterclaim (B) a motion to dismiss (C) a request for admissions (D) an answer (E) all of the other choices would be proper at this time

(C)

201. An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as: (A) a detriment (B) a motion to rescind for failure to state a claim (C) a demurrer (D) a motion to dismiss for failure of evidence (E) none of the other choices are correct

(C)

203. Which is not a stage in a typical lawsuit? (A) pretrial (B) pleadings (C) repose (D) discovery (E) trial

(C)

211. Which of the following is an example of an affirmative defense: (A) stare decisis (B) in rem jurisdiction (C) contributory negligence (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

212. Which of the following is an example of an affirmative defense: (A) stare decisis (B) in rem jurisdiction (C) assumption of risk (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

213. Which of the following is an example of an affirmative defense: (A) stare decisis (B) in rem jurisdiction (C) self-defense (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

214. A counterclaim is: (A) the denial by the defendant of the plaintiff's complaint (B) an additional claim by the plaintiff added on the original complaint (C) the defendant's claim against the plaintiff (D) the same as a demurrer (E) none of the other choices

(C)

217. The reply in the pleading process is a legal response to the: (A) complaint (B) service of process (C) counterclaim (D) demurrer (E) none of the other choices

(C)

250. A party receiving written interrogatories prepares answers: (A) without any influence from another person (B) with the help of other witnesses from the same case (C) with an attorney's help if desired (D) need not sign them under oath (E) all of the other choices are acceptable

(C)

171. Which is the correct order of stages for a typical lawsuit: (A) discovery, pretrial, trial, pleadings, appeals (B) pleadings, pretrial, discovery, trial, appeals (C) pretrial, pleadings, discovery, trial, appeals (D) pleadings, discovery, pretrial, trial, appeals (E) discovery, pleadings, pretrial, trial, appeals

(D)

184. A complaint is a formal statement that: (A) informs the defendant that he is being sued (B) informs the plaintiff that he must appear in court (C) details the agreement between the plaintiff and his lawyer (D) sets forth the plaintiff's claim against the defendant (E) sets forth the defendant's claim against the plaintiff

(D)

186. The complaint is a statement that sets forth the plaintiff's claim against the defendant. It contains statements: (A) alleging the essential facts necessary for the court to take jurisdiction (B) of the facts necessary to claim that the plaintiff is entitled to remedy (C) of the remedy the plaintiff is seeking (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

192. A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following: (A) a counterclaim (B) a motion to dismiss (C) an answer (D) all of the specific choices are possible (E) none of the specific choices are proper at this stage of the proceedings

(D)

210. Which of the following is an example of an affirmative defense: (A) self-defense (B) assumption of risk (C) contributory negligence (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

216. If, in response to a plaintiff's assertions, a defendant asserts that the plaintiff owes the defendant money, the defendant has made a(n): (A) demurrer (B) summons (C) affirmative defense (D) counterclaim (E) motion for judgment n.o.v.

(D)

225. After the initial exchange of pleadings, litigation enters the: (A) diversified stage (B) complaint stage (C) processing stage (D) discovery stage (E) result stage

(D)

230. The discovery state in the trial process is intended for the: (A) parties to have time to present their sides of the case to the judge, who discovers the truth (B) parties to have time to present their sides of the case to the jury, so it can discover the truth (C) judge to have a chance to review the arguments before they make them before the jury (D) parties to obtain information about the facts before the trial starts (E) all of the other choices are correct

(D)

234. Criminal cases differ from civil cases in that: (A) criminal trials typically have only one defendant (B) criminal trials have more discovery than civil trials (C) criminal trials are always held within a year of the alleged crime taking place (D) criminal trials have very little discovery (E) none of the other choices are correct

(D)

242. Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a: (A) request for admission (B) production of testimony (C) discovery testimonial (D) deposition (E) demurrer of oath

(D)

247. Written interrogatories are questions submitted by: (A) the jury (B) the judge (C) the court reporter (D) the opposing party (E) none of the other choices

(D)

253. If the testimony of an expert witness is critical to a case being made, but the judge rejects the expert testimony as not credible, then, according to the Supreme Court: (A) there will be a new trial with the witness allowed to present corrected evidence (B) there will be a new trial with a different witness (C) there will be a new trial if the defendant, not the plaintiff, wishes to have one with or without new experts (D) the case may be ended by summary judgment (E) none of the other choices are correct

(D)

257. According to the Supreme Court, courts must exclude evidence that is: (A) not witnessed by at least three people (B) witnessed by biased parties (C) handled by the police officers who made the arrest (D) contrary to scientific standards (E) going to be used in another trial

(D)

258. Which of the following in not true about expert witnesses and their testimony: (A) the testimony may not be contrary to prevailing scientific opinion (B) if the evidence is not credible it will be rejected by the court (C) the experts may not be questioned by the opposition before trial (D) when experts conflict, the testimony of both sides will be stricken (E) all of the other choices are true

(D)

264. Expert witnesses help establish facts critical to business cases such as: (A) the value of lost profits (B) the costs to a victim of an accident (C) the scientific evidence of harm from a product (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

166. An adversary system of justice does not: (A) reflect the belief that truth is discovered through the presentation of competing ideas (B) require opposing parties to argue their positions before a court (C) require an actual case or controversy (D) require a judge to apply the law to the facts established (E) all of the other choices are correct

(E)

168. A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as: (A) an admonishing system of justice (B) an aversive system of justice (C) an adversarial system of justice (D) a complex system of justice (E) none of the other choices are correct

(E)

170. An adversary system of justice is one in which: (A) parties must be represented by a lawyer before a neutral court (B) parties must represent themselves before a biased court (C) parties must submit their case to the highest court possible (D) parties may not represent themselves (E) none of the other choices are correct

(E)

172. Which is the correct order of stages for a typical lawsuit: (A) discovery, pleadings, pretrial, trial, appeals (B) pleadings, pretrial, discovery, trial, appeals (C) pretrial, pleadings, discovery, trial, appeals (D) discovery, pretrial, trial, pleadings, appeals (E) none of the other choices are correct

(E)

174. The first thing the plaintiff must do to begin the litigation process is: (A) give notice to the defendant by service of process (B) request a pre-trial hearing before a judge (C) serve the defendant with the complaint (D) make a motion for a pleading (E) none of the other choices are correct

(E)

176. When a plaintiff files a suit against a defendant, plaintiff: (A) must publish a notice of the suit in the legal advertisement section of the local newspaper (B) pays a fee to the bailiff to handle service of process to defendant (C) must give notice to the defendant by posting notice of the suit with the clerk of the court (D) has no duty to notify defendant since we have a duty to know what legal actions may be pending against us (E) none of the other choices are correct

(E)

178. The first pleading is commonly called: (A) the problem (B) the answer (C) the affirmative defense (D) the res judicata (E) none of the other choices

(E)

179. The complaint filed by plaintiff contains: (A) a statement alleging the facts necessary for the court to take jurisdiction (B) a short statement of the facts necessary to show that plaintiff may be entitled to a remedy (C) a statement of the remedy the plaintiff is seeking (D) the names of the parties (E) all of the other choices are included

(E)

183. The formal statements made to the court by the parties to a case that list their claims and defenses are called: (A) statements of defense (B) statements of reason (C) jurisdictions (D) services (E) none of the other choices are correct

(E)

185. A complaint is a formal statement that: (A) informs the defendant that he is being sued (B) informs the plaintiff that he must appear in court (C) details the agreement between the plaintiff and his lawyer (D) sets forth the defendant's claim against the plaintiff (E) none of the other choices are correct

(E)

190. Following service of the plaintiff's complaint, defendant: (A) must file a responsive pleading (B) may file a motion to dismiss (C) may file an answer with an affirmative defense (D) may only file a counterclaim (E) all of the other choices are possible

(E)

196. If a defendant does not respond to the plaintiff's complaint the court will: (A) presume the claims of the plaintiff are false and grant the defendant the relief requested in the complaint (B) presume the claims of the plaintiff are false and not grant the plaintiff the relief requested in the complaint (C) presume the claims of the defendant are false and not grant the plaintiff the relief requested in the complaint (D) presume the defendant is dead and not grant the plaintiff the relief requested in the complaint (E) none of the other choices are correct

(E)

198. A defendant is allowed to file a motion to dismiss a plaintiff's complaint for the purpose of claiming which of the following: (A) the court does not have jurisdiction over the subject matter (B) the court does not have jurisdiction over the defendant (C) there was not proper service of the complaint (D) the plaintiff failed to state a claim for which the law provides a remedy (E) all of the other choices are possibilities

(E)

200. An allegation by the defendant that that the law furnishes no remedy for plaintiff's claimed injury is known as: (A) a motion to call for failure of evidence (B) a motion to rescind for failure to state a claim (C) a motion to resign for failure to state a claim (D) a motion to dismiss for failure of evidence (E) none of the other choices are correct

(E)

202. A defendant is allowed to file a motion to dismiss a plaintiff's complaint, but which of these would not be appropriate to file: (A) the court does not have jurisdiction over the subject matter (B) the court does not have jurisdiction over the defendant (C) there was not proper service of the complaint (D) the plaintiff failed to state a claim for which the law provides a remedy (E) all of the other choices are possibly appropriate

(E)

205. The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as: (A) a rebuttal (B) a request for hearing (C) a countercomplaint (D) a motion to admit (E) none of the other choices are relevant

(E)

207. In the pleading known as the ____, the defendant will admit, deny, or say that it does not know the truth, with respect to each assertion of the plaintiff. (A) rebuttal (B) counterpoint (C) response (D) recall (E) none of the other choices are correct

(E)

209. In an affirmative defense: (A) the plaintiff admits to the facts claimed by the defendant, but offers additional facts (B) the defendant denies all the facts claimed by the plaintiff (C) the defendant does not respond (D) the defendant hires a special lawyer (E) none of the other choices are correct

(E)

215. A counterclaim is: (A) the denial by the defendant of the plaintiff's complaint (B) an additional claim by the plaintiff added on the original complaint (C) a request for a judgment notwithstanding the verdict (D) the same as a demurrer (E) none of the other choices

(E)

220. If a defendant makes a claim against a plaintiff, in response to the plaintiffs complaint against the defendant, the plaintiff responds by providing: (A) an answer (B) an interrogatory (C) a counterclaim (D) a demurrer (E) none of the other choices

(E)

222. If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted: (A) a counterclaim (B) a deposition (C) a pleading (D) a reply (E) none of the other choices

(E)

223. The purpose of the pleadings is to: (A) notify each of the parties of the claims and defenses of each other (B) focus the issues (C) help remove surprise from the resolution of the dispute (D) establish some facts in the case (E) all of the other specific choices are correct

(E)

227. The process of obtaining information about the dispute is known as: (A) processing (B) counterclaim justification (C) pretrial informing (D) counterclaim informing (E) none of the other choices are correct

(E)

228. The purpose of the discovery stage before trial is to: (A) retain an element of surprise in the litigation process (B) determine if there is a claim that the law can address (C) encourage pretrial settlements (D) determine who the plaintiff will be (E) none of the other choices

(E)

229. The purpose of the discovery stage before trial is to: (A) prevent surprises at trial (B) preserve evidence of witnesses who might not be available for trial (C) encourage pretrial settlements (D) narrow the range of claims being made (E) all of the other choices may be correct

(E)

236. According to the Federal Rules of Civil Procedure, a party seeking information must use a discovery tool that: (A) imposes significant burdens on the other party (B) has a historical basis in Roman law (C) the other party approves of before hand (D) the bailiff approves of (E) none of the other choices are correct

(E)

237. The specific tools of discovery include: (A) depositions (B) written interrogatories (C) orders for production of documents and requests for admissions (D) orders for a mental or physical examination (E) all of the other choices are correct

(E)

240. Which of the following is not a discovery tool used for obtaining information from the opposing party? (A) depositions (B) written interrogatories (C) requests for admissions (D) mental examinations (E) all of the other choices are discovery tools

(E)

243. Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a: (A) request for admission (B) production of testimony (C) discovery testimonial (D) demurrer of oath (E) none of the other choices are correct

(E)

248. Written interrogatories are questions submitted by: (A) the jury (B) the judge (C) the court reporter (D) witnesses (E) none of the other choices

(E)

255. According to the Supreme Court, a case may be ended by summary judgment if: (A) the judge accepts critical expert witness testimony as credible (B) the jury does not think the expert witness is credible (C) the judge refuses to hear the expert witness's testimony (D) an expert witness does not have at least a college education (E) none of the other choices are correct

(E)

259. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that: (A) the head of a corporation is never required to testify in a deposition (B) the head of a corporation is only required to answer written interrogatories, not appear for a deposition (C) the head of a corporation may send a qualified corporate officer to testify in his place (D) the expert witness for AstenJohnson could not be a company employee (E) none of the other choices are correct

(E)

261. In Barabin v. AstenJohnson, where Barabin sued for damage suffered from exposure to asbestos, the appeals court held that: (A) the expert for AstenJohnson failed to meet the standard of reliability, so there would be a new trial (B) the expert for Barabin failed to meet the standard of reliability, so the amount awarded would be reduced to a more reasonable level (C) the expert witness for Barabin failed to meet the standard for reliability, so that testimony would be stricken from the record, but the judgment would stand (D) the expert witness for AstenJohnson could not be a company employee, it had to be an independent expert (E) none of the other choices are correct

(E)