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What are the advantages and disadvantages of using arbitration rather than litigation?

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The advantages of arbitration include us...

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The most accurate statement regarding appellate courts is:


A) appellate courts often hear new evidence and testimony.
B) appellate courts generally accept the factual findings of the trial court.
C) only the federal court system has appellate courts.
D) appellate courts hear only criminal cases.

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

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Advantages of Alternative Dispute Resolution (ADR) include:


A) ADR is faster than litigation.
B) ADR keeps the parties talking rather than fighting.
C) ADR is less expensive than litigation.
D) All of these are advantages of ADR.

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After the plaintiff has presented her case,the defendant may be granted a:


A) directed verdict.
B) summary judgment.
C) judgment n.o.v.
D) judgment on the pleadings.

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When an appellate court hears a case,it may:


A) affirm the decision.
B) reverse the decision.
C) modify the decision.
D) All of these are correct.

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D

The United States has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interests presenting their strongest possible case to a neutral factfinder.Because of this,the legal system in the United States is considered:


A) an adversary system.
B) a conflict system.
C) an alternative dispute resolution system.
D) a mediation system.

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

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Pablo could bring this case in the feder...

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


A) must hear the case if the validity of a federal statute is in question.
B) must hear the case if two or more U.S.courts of appeals have decided the legal issue differently.
C) may decide whether or not it will hear the case.
D) must hear all cases.

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Which of the following is not an example of a trial court of limited jurisdiction?


A) A probate court.
B) A juvenile court.
C) A small claims court.
D) A general civil division court.

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Jurisdiction is:


A) the study of law.
B) the authority of a court to decide a particular type of case.
C) a federal court concept.
D) applicable only to appeals courts.

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An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial.

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Generally,mandatory arbitration provisions in a contract are valid.

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

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A judgment NOV (non obstante veredicto o...

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


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

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Roberto sued Monica for injuries received in a traffic accident.If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits,Roberto may obtain a:


A) judgment on the pleadings.
B) summary judgment.
C) pretrial conference.
D) default judgment.

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

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Discovery is the pre-trial opportunity f...

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A jury decision in a civil case:


A) must be unanimous.
B) must be reached in the same day the case is heard.
C) depends on whether or not the parties have agreed to have their case decided by less than a unanimous verdict.
D) is achieved by informal deliberations.

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D

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


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

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D

In Jones v.Clinton,the court held:


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

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