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Exam 3: The Courts and Our Legal System

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Question 41

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The first step in a lawsuit is the filing of the compliant by the plaintiff or the plaintiff's attorney.

A) True
B) False

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Question 42

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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 might prefer to use the alternative dispute resolution method of

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

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

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Question 43

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Questioning an opposing party's witness during a trial is known as cross-examination .

A federal question can be an issue of law based on the Constitution.

Quint files a suit against Ranchland Corporation. Ranchland responds that even if Quint's statement of the facts is true, according to the law Ranchland is not liable. This is

A j udge granting a motion to dismiss against the plaintiff is saying that the plaintiff has failed to state a recognized cause of action.

The plaintiff in Max v. National Credit Co . l oses her case at the trial court and appeals an issue of state law. The plaintiff loses at the highest appellate court in the state. The plaintiff

A complaint includes a short statement of facts that show the party filing the complaint is legally entitled to a remedy.

Giles is a tenant in Home Suite Home, an apartment building owned by Italo. Giles is injured when he falls in an unlighted stairwell in the building. Giles asks Italo to cover his medical expenses. Italo refuses to admit that Giles's injury resulted from a fall in the stairwell, or that Italo should assume liability for the cost. Unable to negotiate a settlement, Giles wants to file a suit against Italo. What pleading begins a suit? What must it contain? How is a defendant notified of a suit? Once the defendant is notified, what must he or she do?

Brick n' Mortar Inc. and Colin agree to resolve a dispute in arbitration. The arbitrator meets with Brick's representative to discuss the matter without Colin's representative being present. If this substantially prejudices Colin's rights, a court will most likely

Only the losing party can appeal a trial court's judgment to the appropriate court of appeals .

State trial courts that are called special inferior trial courts or minor judiciary courts are most likely to have