Practice Exam
Match the following terms with their definitions:
(5) A. Arbitration
(4) B. Diversity jurisdiction
(2) C. Mediation
(1) D. Interrogatories
(3) E. Deposition
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1. A pretrial procedure involving written questions to be signed under oath.
2. A form of ADR in which the parties themselves craft the settlement.
3. A pretrial procedure involving oral questions answered under oath.
4. The power of a federal court to hear certain cases between citizens of different states.
5. A form of ADR which leads to a binding decision.
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True/False Questions
Circle true or false:
1. T F One advantage of arbitration is that it provides the parties with greater opportunities for discovery than litigation does.
2. T F In the United States there are many separate courts, but only one court system, organized as a pyramid.
3. T F If we are listening to witnesses testify, we must be in a trial court.
4. T F About one-half of all lawsuits settle before trial.
5. T F In a lawsuit for money damages, both the plaintiff and the defendant are generally entitled to a jury.
Multiple-Choice Questions
1. A federal court has the power to hear
(a) Any case.
(b) Any case between citizens of different states.
(c) Any criminal case.
(d) Appeals of any cases from lower courts.
(e) Any lawsuit based on a federal statute.
2. Before trial begins, a defendant in a civil lawsuit believes that even if the plaintiff proves everything he has alleged, the law requires the defendant to win. The defendant should
(a) Request arbitration.
(b) Request a mandatory verdict.
(c) Move for recusal.
(d) Move for summary judgment.
(e) Demand mediation.
3. In a civil lawsuit
(a) The defendant is presumed innocent until proven guilty.
(b) The defendant is presumed guilty until proven innocent.
(c) The plaintiff must prove her case by a preponderance of the evidence.
(d) The plaintiff must prove her case beyond a reasonable doubt.
(e) The defendant must establish his defenses to the satisfaction of the court.
4. Mack sues Jasmine, claiming that she caused an automobile accident. At trial, Jasmine’s lawyer is asking her questions about the accident. This is
(a) An interrogatory
(b) A deposition
(c) Direct examination
(d) Cross-examination
(e) Opening statement
5. Jurisdiction refers to
(a) The jury’s decision.
(b) The judge’s instructions to the jury.
(c) Pretrial questions posed by one attorney to the opposing party.
(d) The power of a court to hear a particular case.
(e) A decision by an appellate court to send the case back to the trial court.
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