civil dispute resolution chapter3

A demurrer is:

• a. a judgment against a defendant who fails to respond to a complaint.

• b. an assertion that even if the plaintiff's allegations are true, the plaintiff would not be entitled to a remedy.

• c. a pleading that is a statement of the initial claim against the defendant.

• d. a legal pleading that contains denials, admissions, affirmative defenses, and counterclaims.

ppellate judges can hear the same testimony and consider the same evidence as the trial court did in rendering a decision. Is this true?

a. No, the appellate court does not hear any evidence.

b. Yes, but only where the outcome of the case is clearly wrong.

c. Yes, but only when the losing party desires a new trial.

d. No, the appellate court only hears the witnesses testify a second time (without exhibits).

• a. No, the appellate court does not hear any evidence.

• b. Yes, but only where the outcome of the case is clearly wrong.

• c. Yes, but only when the losing party desires a new trial.

• d. No, the appellate court only hears the witnesses testify a second time (without exhibits).

A process in which a third party selected by the disputants helps the parties to voluntary resolve their disagreement is known as:

• a. mediation.

• b. discovery

• c. consensual arbitration.

• D. compulsory arbitration.

Federal courts have exclusive jurisdiction only over:

• a. federal criminal prosecutions.

• b. diversity of citizenship (where the amount in controversy is $75,000 or less).

• c. diversity of citizenship (where the amount in controversy is over $75,000)

• d. federal questions.

The "discovery" stage of a trial includes all but which one of the following?

• a. Production of documents.

• b. Summary judgment.

• c. Depositions.

• d. Written interrogatories

To resolve a lawsuit, a court must have subject matter jurisdiction and jurisdiction over the parties. Jurisdiction over the plaintiff:

• a. is perfected as soon as the defendant has been served.

• b. is perfected when the plaintiff is served by a sheriff or deputy.

• c. is perfected only when a legal ad is published in the plaintiff's hometown newspaper.

• d. is perfected when the plaintiff voluntarily submits to the court's power by filing the complaint.

Which of the following are forms of jurisdiction?

a. In personam, in rem, attachment.

b. Interviews, discovery, witness list, arbitration.

c. Summons, depositions, written interrogatories, voir dire.

d. All of these are correct.

• a. In personam, in rem, attachment.

• b. Interviews, discovery, witness list, arbitration.

• c. Summons, depositions, written interrogatories, voir dire.

• d. All of these are correct.

Which of the following is an example of diversity of citizenship?

• a. The plaintiffs are all citizens of the same state or states as the defendants.

• b. A foreign country brings an action against citizens of the United States.

• c. The controversy is between two or more citizens of different countries (other than the U.S.).

• d. All of these are correct.

Which of the following is a method of dispute resolution?

• a. Special verdict.

• b. Conciliation.

• c. Jurisdiction.

• d. Instruction.

A judgment notwithstanding the verdict allows:

• a. the clerk of court to issue a demand for a new trial.

• b. the plaintiff to demand payment from the defendant of a judgment won in court.

• c. the plaintiff, without further process, to obtain a portion of the defendant's wages.

• d. the judge to decide, after a jury's verdict, that the evidence is so clear that reasonable people could not differ as to the outcome of the case.