1. An adversary system of justice is one in which: a. parties must be represente
ID: 460730 • Letter: 1
Question
1. An adversary system of justice is one in which:
a. parties must be represented by a lawyer before a neutral court
b. parties must represent themselves before a biased court
c. parties must represent themselves and argue their positions before a neutral court
d. parties may not represent themselves
2. The plaintiff selects the court in which to file an action against a defendant.
a. true
b. false
3. Arbitration awards are usually final due to the application of the doctrine of:
a. stare decisis
b. res judicata
c. responsible awards
d. final arbitration
4. Summary judgment is granted when:
a. when the plaintiff fails to provide an expert witness
b. when the court cannot apply the law to the undisputed facts of the case
c. when the court has been in session for at least three months
d. when the court can apply the law to the undisputed facts and resolve the dispute
Explanation / Answer
1. An adversary system of justice is one in which:
a. parties must be represented by a lawyer before a neutral court
b. parties must represent themselves before a biased court
c. parties must represent themselves and argue their positions before a neutral court
d. parties may not represent themselves
Ans
c. parties must represent themselves and argue their positions before a neutral court.
Because In this system, the parties to a controversy develop and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process. The fact finder, usually a judge or jury, remains neutral and passive throughout the proceeding.
2. The plaintiff selects the court in which to file an action against a defendant.
a. true
b. false
Ans.a. true
Because A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.
3. Arbitration awards are usually final due to the application of the doctrine of:
a. stare decisis
b. res judicata
c. responsible awards
d. final arbitration
Ans.b. res judicata
Because arbitration is subject to the legal doctrines of Res Judicata and Collateral Estoppel, which together strictly curtail the option of bringing suits based on issues that were or could have been raised initially.
4. Summary judgment is granted when:
a. when the plaintiff fails to provide an expert witness
b. when the court cannot apply the law to the undisputed facts of the case
c. when the court has been in session for at least three months
d. when the court can apply the law to the undisputed facts and resolve the dispute
Ans. d. when the court can apply the law to the undisputed facts and resolve the dispute
Because the judge must determine whether the law, as it applies to the facts that are undisputed, merits a judgment in favor of the moving party.
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