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Court System and ADR
Business Law I
| Question | Answer |
|---|---|
| What is garnishment? | A common method of satisfying. judgement |
| What is direct examination? | Examination of witness by her attorney |
| What is cross examination? | The examination made of a witness by the attorney of the adversary party |
| What is voir dire? | Jury selection |
| What are interrogatories? | written questions used as a discovery tool that must be answered under oath |
| What is a request for production of documents? | a discovery tool for uncovering paper evidence in a case |
| What is discovery? | procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation |
| What is a counterclaim? | a claim that the defendant in an action may make against the plaintiff |
| What is a plaintiff? | the litigant who filed/initiated the law suit |
| A judge rules on the admissibility of evidence presented in the trial. | True |
| A motion for a directed verdict occurs immediately after the last pleading is filed. | False |
| A peremptory challenge to a prospective juror generally can be exercised without giving a reason. | True |
| All courts have general jurisdiction. | False |
| An appellate court determines whether there has been reversible error. | True |
| An en banc decision within a U.S. Court of Appeal only requires a panel of three judges. | False |
| Courts have increasingly set aside arbitration clauses involving small businesses or consumers. | False |
| Depositions are usually taken in the courtroom for purposes of discovery. | False |
| Documents filed by both parties at the beginning of a lawsuit are called the pleadings. | True |
| Federal district courts are the trial courts of the federal court system. | True |
| If questions of fact are involved, a judge will usually decide the case based on the pleadings alone. | False |
| State supreme courts generally hear all cases appealed to them. | False |
| The authority of a court to decide certain types of cases is called jurisdiction. | True |
| The defendant in a civil case is the party who is suing. | False |
| The federal court system consists of three levels. | True |
| The mediator in a mediation has the power to force the parties to come to a settlement. | False |
| To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court. | False |
| When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court. | True |
| A court is a tribunal established by: | The Government |
| A deposition is or can accomplish any of the following except: | can be used to dismiss the lawsuit. |
| A motion for a directed verdict is appropriate: | immediately after the presentation of all evidence at trial. |
| A summary jury trial is: | a mock trial. |
| Garnishment applies to the judgment debtor's: | Wages |
| If a case has no material facts in dispute either party can file a(n) _________ and allow a judge to make a ruling as a matter of law. | Motion for summary judgment |
| In a minitrial: | the trial addresses only portions of the case or certain issues related to the case. |
| In mediation, the mediator acts as a(n): | messenger |
| Judicial Triage is all of the following except: | a directed verdict |
| One of the motions that can be made after a verdict has been entered is a motion for a: | judgment notwithstanding the verdict. |
| Original jurisdiction courts are generally ____________. | trial courts |
| Service of process refers to: | giving the defendant proper notice that a legal action is pending. |
| State supreme courts primarily have ______ jurisdiction. | appellate |
| The _____ rule(s) on the admissibility of evidence. | Judge |
| The answer to the complaint is filed by the: | defendant |
| The person who initiates a civil lawsuit is called the: | Plaintiff |
| The power given to courts to hear certain types of cases is called: | Jurisdiction |
| The types of civil cases that a private citizen can file in federal district courts include: | cases between citizens of different states that involve damages of $75,000 or more. |
| The U.S. Courts of Appeals consists of ______federal judicial districts. | Thirteen (13) |
| The United States Supreme Court was created by: | the U.S. Constitution |
| Voir dire examination is used in connection with: | Jury Selection |
| When a defendant files a(n) _________ he is attacking the plaintiff's pleading as not stating a cause of action or defense. | motion to dismiss. |
| When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel. | direct examination, cross-examination |
| Which is not considered an alternate means of dispute resolution? | civil lawsuit |
| Which of the following is not an example of limited or special jurisdiction court? | Court of original jurisdiction. |
| Suppose Sheriff Roland desires to search your home. What law requires that the sheriff obtain a search warrant? | the Fourth Amendment of the United States Constitution |
| The law could best be described as: | a collection or bundle of rights. |
| The right of privacy consists of: | both the right to be secure against unreasonable searches by the government and the right to protection against intrusions by others. |
| The right to privacy applies to protect you from unreasonable searches in all of the following scenarios except: | in the commission of a crime. |
| The Securities Exchange Commission creates | administrative regulations. |
| ______ is a body of law that provides justice when the law does not offer an adequate remedy. | Equity |
| _______ law creates, defines, and regulates rights and liabilities. | Substantive |
| A good example of a uniform state law would be: | the Uniform Commercial Code. |
| A right can exist: | only if there is a corresponding duty. |
| A right is defined as: | a legal capacity to require another party to perform an action. |
| Criminal laws: | define wrongs against society. |
| If a court issues an injunction, the court would be ordering a(n) ________. | equitable remedy |
| If your home or business is searched unlawfully, any items obtained during that unlawful search could be excluded as evidence in a criminal trial because of the ________. | Fourth Amendment's exclusionary rule |
| Law consists of: | principles that govern conduct. |
| Law is: | a body of principles that society establishes to keep things running smoothly. |
| Rights guaranteed in the United States Constitution: | cannot be taken away by statutes or court decisions. |
| Statutes which are drafted from Uniform State Laws are often used to regulate: | business |
| Statutory law can be created by all of the following except: | by the courts |
| Substantive law: | creates, defines, and regulates rights and liabilities. |
| Suppose Jack signs a contract to purchase a home from Jill, but Jill later refuses to transfer title to the home to Jack. Jack could force Jill to transfer title to the home by asking a court for an order of ________ | specific performance. |
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