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A party does not need to have legitimate grounds to appeal a trial court's decision.

A) True
B) False

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The simplest form of alternative dispute resolution is mediation.

A) True
B) False

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Appellate courts have no discretionary power to reject an appeal-appellate courts must accept all appeals.

A) True
B) False

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One party wants to file a suit against another. For a court to hear the case,


A) both parties must consent.
B) the court must have jurisdiction.
C) the parties must have diversity of citizenship.
D) the parties must own property.

E) A) and B)
F) All of the above

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Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that


A) Downwind does not have a valid defense.
B) the case can be disposed of without a trial.
C) the solvency of Downwind is in question.
D) Commercial is legally entitled to a remedy.

E) A) and D)
F) B) and C)

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A motion to dismiss asserts that a claim has no basis in law.

A) True
B) False

Correct Answer

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Petro Fuel files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal


A) privileged or confidential material.
B) metadata.
C) information to which Petro would otherwise be denied access by the right to privacy.
D) all of the choices.

E) B) and C)
F) All of the above

Correct Answer

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Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include


A) an explanation of the proof to be offered at trial.
B) a statement refuting any defense that the defendant might assert.
C) a motion for judgment on the pleadings.
D) a statement alleging the facts showing the court has jurisdiction.

E) B) and C)
F) All of the above

Correct Answer

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Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case.

A) True
B) False

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An appellate court can modify a trial court's decision, in whole or in part.

A) True
B) False

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True

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial.

A) True
B) False

Correct Answer

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The 1803 decision of the United States Supreme Court in the case of Marbury v. Madison established


A) the jurisdiction of the courts.
B) voir dire.
C) the power of judicial review.
D) the rule of four.

E) None of the above
F) B) and D)

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Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has


A) federal jurisdiction.
B) in personam jurisdiction.
C) in rem jurisdiction.
D) no jurisdiction.

E) All of the above
F) None of the above

Correct Answer

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Choosing a jury is an important aspect of litigation strategy.

A) True
B) False

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In a case based on diversity of citizenship, a federal court will apply the relevant state law.

A) True
B) False

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True

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

A) True
B) False

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True

Norwest Trucking Corporation files a suit in a state court against Bob's Service Company (BSC), and wins. BSC appeals the court's decision, asserting that no reasonable jury could have found for Norwest based on the evidence presented at trial. BSC thus argues that the appellate court should reverse the trial court's decision. Is the appellate court likely to reverse the trial court's findings with respect to the facts? Why or why not? What may an appellate court do on appeal?

Correct Answer

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An appellate court will reverse a lower ...

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When concurrent jurisdiction exists, the decision of whether to litigate in a federal or state court can be affected by the availability of different remedies.

A) True
B) False

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Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss could resolve their dispute through


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

E) All of the above
F) B) and C)

Correct Answer

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Two business companies dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two firms can


A) any of the choices.
B) litigate it.
C) settle it between themselves.
D) resolve it through an alternative method, such as arbitration.

E) B) and C)
F) None of the above

Correct Answer

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