Business law - Chapter 3 LearnSmart

_____ is not a commonly-recognized drawback of the adversary system?

THe attorney's obligation to represent his or her client zealously

Which of the following is an accurate statement regarding the United States Supreme Court?

The United States Supreme Court hears appeals of cases from the court of last resort in a state system

With _____, disputing parties select a non-biased third party, who will then evaluate the strengths and weaknesses of the case.

early neutral case evaluation

The initial attempt to resolve a business dispute is usually _____.

informal

A ____ is also referred to as a judgment non obstante verdicto.

judgment notwithstanding the verdict

A court will grant a motion for ____ in favor of the moving party if it considers that all the facts in the pleadings are true, applies the law to those facts, and finds that the only reasonable decision is in favor of the moving party.

judgment on the pleadings

The case-or-controversy requirement for standing to sue is also referred to as ____ controversy

justifiable

The supreme court in a state court system is the state court of _____.

last resort

A question of _____ is an issue concerning the interpretation or application of a law.

law

_____ statutes enable the court to serve defendants outside the court's home state.

long-arm

Which of the following terms refers to a trial in which non-actual jurors who are demographically similar to the real jurors hear the arguments and give feedback prior to the case?

mock trial

A(n) ______ is a request by a party for the court to do something.

motion

_______ is a bargaining process in which disputing parties interact informally to attempt to resolve their dispute

negotiation

In terms of civil procedure, what occurs immediately after the attorneys have impaneled a jury?

opening statements

One of the criticisms of arbitration is that _____.

people may be losing important civil rights by agreeing to give up one's right to litigate

In most states, each party has a certain number of _____ challenges during the jury selection process.

peremptory

Which of the following is the first formal stage of a lawsuit?

pleading

To be eligible for appeal, the losing party must argue that a(n) _____ error of law occurred during the trial.

prejudicial

A(n) ______ is an informal meeting of the judge with the attorneys representing the parties.

pretrial conference

Which of the following is not a threshold requirement for a case to be heard by a court?

primogeniture

A(n) _____ is an informal meeting of the judge with the attorneys representing the parties.

prtrial conference

Which of the following is a question about an event or characteristic in the subject case?

question of fact

Opposing counsel may have an opportunity to conduct a(n) _____ of the witness to question the witness' testimony on redirect examination.

re-cross examination

Which of the following is not a possible decision an appellate court can make?

reclamation

_____ refers to a series of questions aimed at repairing damage done by the cross-examination.

redirect examination

In a private trial, a _____ is selected and paid by the disputing parties to offer a legally binding judgment regarding their dispute.

referee

If the appellate court believes the lower court committed an error but does not know how that error affected the outcome of the case, it _____ the case to the lower court for a new trial.

remands

A _____ forces the opposing party to turn over certain information unless it is privileged or irrelevant to the case.

request to produce documents

Interrogatories are sometimes called ____

requests for further information

A motion for ____, filed after the discovery process, asserts that no factual disputes exist and that if the judge applies the law to the undisputed facts, his or her only reasonable decision would be in favor of the moving party.

summary judgment

A ____ trial is an abbreviated trial that leads to a non-binding jury verdict.

summary jury

The ______is a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint

summons

In terms of standing to sue, a case is _____ if a judge's decision is capable of affecting the parties immediately.

ripe

A person who has the legal right to bring an action in court has _____

standing

Intermediate courts of appeal in state court systems are usually referred to as courts of appeal or _____ courts

superior

Which of the following information is not included in the complaint?

the counterclaim

A judge does not grant a motion for a new trial if ____.

the defendant rightfully exercised his or her privilege against self-incrimination

In rem jurisdiction is Latin for "jurisdiction over the _____."

thing

In state court systems, most cases begin in a trial court of _____ jurisdiction.

general

Which of the following is an accurate statement regarding alternative dispute resolution (ADR) when compared to litigation?

ADRs avoid the uncertainty associated with litigation

Which of the following courts do not hold trials?

Appellate courts

____ is a type of alternative dispute resolution in which disputes are submitted for resolution to private non-official persons selected in a manner provided by law or the agreement of the parties.

Arbitration

_____ is a court's power to hear cases and render decisions that bind the parties before them.

Jurisdiction

Which of the following is the proper order of the six stages of a trial?

Jury selection, opening statements, examination of witnesses, closing arguments conference on jury instructions, and post trial motions

Which of the following terms most accurately refers to a process in which disputing parties agree to begin in mediation and, if unsuccessful in resolving the dispute, proceed arbitration?

Med-arb

Which of the following is not a correct statement regarding the differences between an arbitration hearing and a trial?

The parties cannot be represented by legal counsel during arbitration

Which of the following parties file(s) a motion for a judgement in accordance with the verdict?

The party who received the favorable verdict

Which of the following is not a United States Supreme Court-recognized requirement for standing to sue?

The plaintiff must consent to waive his or her Fifth Amendment privilege against self-incrimination

Which of the following is the primary method of securing arbitration?

Through a binding arbitration clause

A writ of certiorari is an order to send to the ____ the record of the case.

United States Supreme Court

The doctrine of unconscionability has been used most often to strike down ____ clauses in consumer and employment contracts.

binding arbitration

Appellants file _____ to explain why the judgment in the lower court was erroneous and why the appeals court should reverse it.

briefs

Intermediate courts of appeal in state court systems usually have _____ jurisdiction.

broad

In ____, each attorney summarizes evidence from the trial in a manner consistent with his or her client's case.

closing arguments

When a plaintiff files a case involving _____ jurisdiction in state court, the defendant has a right of removal.

concurrent

If a judge agrees with the majority's decision but for different reasons, he or she may write a _______ opinion, stating the reasons he or she used to reached to reach the majority's conclusion.

concurring

Which of the following is not a recognized method of service of process on a person?

constructive service

A reply is an answer to a _____.

counterclaim

If the defendant believes he or she has a claim against the plaintiff, the defendant will include a _____ with the answer.

counterclaim

After direct examination, opposing counsel may _____ the witness.

cross-examine

A _____ judgment is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.

default

Even if the defendant believes all the plaintiff's allegations in a complaint are true, the law does not entitle the plaintiff to a favorable judgment and the defendant may file a(n) _____.

demurrer

Which of the following is not one of the six stages of a trial?

depositions

Through _____ examination, the plaintiff's attorney asks the witness questions to elicit facts that support the plaintiff's case-in-chief.

direct

A motion for a _____ is a request for the court to direct a verdict for the defendant because even if the jury accepted all the evidence and testimony presented by the plaintiff as true, the jury would still have no legal basis for a decision in favor of the plaintiff.

directed verdict

The _____ process enables the parties to learn about facts surrounding the case so they are not surprised in the courtroom.

discovery

Which of the following types of cases are within exclusive state court jurisdiction?

divorce

Which of the following terms refers to non-actual jurors sitting in during the actual trial and deliberating at the end of each day to evaluate for the attorneys how each side is doing?

Shadow jury

Which of the following is an example of a court of limited jurisdiction?

Small claims court

_____ jurisdiction is a court's power to hear certain kinds of cases.

Subject-matter

Which of the following is an incorrect statement regarding how an arbitrator's decision differs from a judge's decision?

An arbitrator does not have to be neutral while a judge must

The federal court system derives its power from ____ of the United States Constitution

Article III, Section

Which of the following is an accurate statement regarding a minitrial?

Business representatives of disputing corporations participate in a minitrial and have settlement authority

Which of the following is not an example of alternative dispute resolution?

Certiorari

_____ refer(s) to the judge instructing the jurors on how the law applies to the facts of the case.

Charging the jury

Which of the following is not a correct statement regarding mediation?

Mediation is a popular form of non-binding arbitration

_____ federal jurisdiction means that both state and federal courts have jurisdiction over a case.

Concurrent

_____ is testimony about what a witness heard another person say

Hearsay

Under what circumstances is an arbitrator's decision called an award?

In all situations where the arbitrator renders a decision, even if no monetary compensation is awarded.

_____ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court.

In personam

_____ occurs when a representative of the court delivers a copy of the complaint and a summons to the defendant.

Service of process

Which of the following are the three common discovery tools?

Interrogatories, requests to produce documents and depositions

Which of the following is not a common use of mediation?

Judicial initiatives to end the impasse o a "hung jury"

Which of the following is not a recognized advantage or disadvantage of mediation?

Mediation utilizes a jury, thereby preserving the constitutional right to a jury.

Which of the following is an inaccurate statement regarding rules of civil procedure?

Most states' rules of civil procedure vary greatly from the Federal Rules of Civil Procedure.

Which of the following is an accurate statement regarding venue?

Once a case is in the proper court system, venue determines which trial court in the system will hear the case.

_____ jurisdiction is the power to hear and decide cases when they first enter the legal system.

Original

United States Supreme Court justices issue a writ of certiorari only when at least four justices vote to hear the case. This is known as the _____

Rule of Four

_____ is the procedure by which courts present the complaint and summons to the defendant

Service of process

The Federal Arbitration Act explicitly lists all but which of the following ground on which an arbitrator's award may be set aside?

The arbitrator's fee was paid exclusively by one of the disputing parties

The United States Supreme Court will most likely not issue a writ of certiorari if _______

The case presents an insubstantial federal question that the Supreme Court has already addressed

Which of the following specifies the factual and legal basis for the lawsuit and the relief the plaintiff seeks

The complaint

Which of the following is not a criterion necessary for a case or controversy to exist?

The dispute between the plaintiff and the defendant must not give rise to a concomitant criminal action

Which of the following is an accurate statement regarding United States circuit courts of appeal?

United States circuit courts of appeal are the intermediate courts of appeal of the federal court system.

Which of the following allows a litigant to secure testimony from a witness before trial?

a deposition

In a(n) _____ system of litigation, a neutral fact finder hears evidence and arguments that opposing sides present and then decides the case on the basis of the facts and law.

adversary

A defendant uses a(n) _____ when his or her answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions.

affirmative defense

The defendant responds to the plaintiff's complaint with a(n) _____.

answer

Quasi in rem jurisdiction is also referred to as _____ jurisdiction

attachment

Which of the following is not a recognized category of subject-matter jurisdiction?

attachment jurisdiction

The federal court system has _____ jurisdiction over bankruptcy cases.

exclusive

The United States legal system has two parallel court structures; a ______ system and a(n) ______ system.

federal; state

Corporations are subject to _____ jurisdiction in the state of their incorporation, the location of their main offices, and the geographic areas in which they conduct business.

in personam

In the federal court system, the _____ courts are United States district courts.

trial

Which of the following is a term that refers to the jury selection process?

voir dire

When does a court acquire jurisdiction over the defendant?

when the defendant is served with a copy of the complaint and the summons