1. Dis TRUE OR FALSE (2 POINTS EACH) sputants Martin Daulton must accept whateve

Question

1. Dis TRUE OR FALSE (2 POINTS EACH) sputants Martin Daulton must accept whatever Daulton out of court and Daulton have hired Thurman to mediate their disagreement. Althoughs Martin and decision Thurman makes, the mediation bas the advantage of keeping Martinn a. True b. False 2. Small claims a. True b. False s courts have jurisdiction over settling the estates of deceased persons 3. Generally, mandatory arbitration provisions in a contract are valid. a. True b. False 4. A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason Was given for the rejection. This would be accomplished by the use of a peremptory challenge. a. True b. False 5. Summary judgment is appropriate when there is no triable issue of material fact. a. True b. False 6. In order for a federal court to have jurisdiction, there must be a federal question involved and at least $7 in dispute. a. True b. False 7. After being served with a summons and a copy of the complaint, a defendant usually files a pleading as an answer, briefly replying to each allegation in the complaint. a. True b. False 8. In a civil case, the plaintiff must prove the case beyond a reasonable doubt. a. True b·False 9. An appeals court can rule that a trial court's ultimate ruling was error during the trial. a. True b. False 3 Quiz dated: 4/10/2017 apter

Explanation / Answer

Ans. False

Meditation is a flexible process which involves an independent third party who helps both sides (disputants) to come to an agreement. The meditator helps the disputants to reach a solution which the both parties are happy to accept. Both the disputants and the mediator meet together in a room typically called a “conference” and are given an opportunity to make a statement in the presence of all parties.

Meditation is a process where the both parties find an acceptable common ground of settlement with some sort of compromise (by both parties) with the help of a skilled mediator.

2. Small claims courts have jurisdiction over settling the estates of deceased persons.

Ans. False

Probate courts are the state courts that conduct the proceedings related to the settlement of a deceased person’s estate. The small claims courts are the special courts in which parties litigate small claims (usually claims worth less than $2,500).

3. Generally, mandatory arbitration provisions in a contract are valid.

Ans. True

In general, the arbitration decisions are binding. The mandatory arbitration provision in a contract clause helps to prevent the matter or conflict from going to a judicial court.

4. A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of peremptory challenge.

Ans. True

Peremptory challenge permits a part to remove a prospective juror without giving a reason for the removal.

5. Summary judgement is appropriate when there is no triable issue of material fact.

Ans. True

If there are no essential facts in a dispute then the summary judgement is appropriate. It is a ruling by the court that no trial is necessary on a particular issue because the essential facts are not in dispute.

6. In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.

Ans. False

The Federal court exercise jurisdictions over a lawsuit between the citizens of different states and countries. But they have two requirements:

The plaintiff and the defendants must be residents of different states and the amount in controversy must exceed $75,000.

7. After being served with a summons and a copy of a complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

Ans. True

Pleadings are the documents that contain the factual allegations that parties file with the court and is served to the other parties. The defendant must file and serve an answer within 20 days after being served with a complaint and summons. A defendant must fairly respond to each of the plaintiff’s allegations and should admit or deny each of the claims in the complaint.

8. In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

Ans. False

Criminal case must be proved beyond a reasonable doubt. The jury should believe the defendant’s guilt without any significant reservations.

9. 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.

Ans. True

The appeal court can rule out that the ultimate ruling was correct if the mistake made by the trial court was a harmless error, which means that even though there was an error, it did not affect the outcome of the case enough to make a difference.

If the appellate court holds that the lower court's decision was erroneous, it will reverse, modify, or remand.

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