Business & Finance Chapter 3 Written briefs and oral arguments are both methods through which

229. Parties can appeal a court’s decision if:

a. there was a failure by the trial judge to admit or exclude certain evidence

b. there were improper instructions being given to the jury

c. there was granting or denying of motions to dismiss the case

d. all of the other specific choices are correct

e. none of the other specific choices are correct

230. A principal function served by the appellate courts is to:

a. ensure that the trial judge correctly applied the law

b. investigate the jury members to be sure that each was thinking in an unbiased manner

c. verify the factual determinations made by the judge

d. verify the factual determinations made by the jury

e. all of the other choices

231. Parties present their arguments to appellate courts by:

a. holding a new trial with a new jury

b. holding a new trial with the same jury used before

c. holding a new trial without a jury

d. presenting written briefs and oral arguments

e. reading the trial transcript to the court

232. Written briefs and oral arguments are both methods through which parties:

a. present their arguments to the appellate court

b. present their arguments to the initial court

c. present their arguments to the media

d. present their arguments to the jury

e. present their arguments to the opposing party‘s attorney

233. Most of the time, in appellate courts, judges hear an appeal.

a. 3

b. 4

c. 9

d. 10

e. 15

234. An appellate court can do which of the following:

a. affirm the judgment of the trial court

b. reverse the judgment of the trial court

c. modify the judgment of the trial court

d. all of the other specific choices are correct

e. none of the other specific choices are correct

235. The decision of an appellate court is the:

a. one that receives the majority vote of the judges

b. one that receives at least one vote from the judges

c. one that is unanimously agreed on by the judges

d. one that the appellate jury agrees on

e. none of the other choices are correct

236. The decision by the majority of the members of an appellate court is referred to as:

a. the court’s majority request

b. the court’s majority opinion

c. the court‘s main opinion

d. the court‘s final opinion

e. none of the other choices are correct

237. The majority decision of an appellate court is referred to as:

a. the court’s majority request

b. the court‘s majority ultimatum

c. the court‘s main opinion

d. the court‘s final opinion

e. none of the other choices are correct

238. An appellate court’s majority opinion:

a. provides guidance for the defendant about how to apply for a retrial

b. provides guidance for the plaintiff about how to apply for a retrial

c. gives the legal rationale for a secondary appeal

d. gives the legal rationale for the court’s decision

e. none of the other choices are correct

239. An appellate court’s majority opinion:

a. provides guidance for the defendant about how to apply for a retrial

b. provides guidance for the plaintiff about how to apply for a retrial

c. provides guidance for the attorneys about how to apply for a retrial

d. provides guidance to judges and attorneys for the resolution of similar disputes

e. none of the other choices are correct

240. If a judge writes a concurring opinion it means that:

a. he agrees with the outcome for the expressed reason

b. he agrees with the outcome, but for a different reason

c. he does not agree with the outcome

d. he does not agree with the outcome, but realizes it is legally correct

e. none of the other choices

241. If an appellate court judge disagrees with the majority opinion, she may write a:

a. dissenting opinion

b. disgruntled opinion

c. focused opinion

d. deviant opinion

e. deviating opinion

242. If an appellate court judge disagrees with the majority opinion, she may write a:

a. deviating opinion

b. disgruntled opinion

c. focused opinion

d. deviant opinion

e. none of the other choices are correct

243. An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different

reason, is called a:

a. majority opinion

b. dissenting opinion

c. concurring opinion

d. modifying opinion

e. none of the other choices; no such written opinion is allowed, except at the Supreme Court

244. An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different

reason, is called a:

a. majority opinion

b. dissenting opinion

c. confident opinion

d. modifying opinion

e. none of the other choices; no such written opinion is allowed, except at the Supreme Court

245. If an appeals court reverses a trial court decision, it:

a. may order that the judgment be reversed

b. may remand the case to the trial court for a retrial

c. may affirm the decision of the trial court but modify it in an important way

d. may do any of the other specific choices

e. may do none of the choices listed here

246. When an appellate court disagrees with the decision reached by the trial court, the appellate court:

a. reverses the decision

b. affirms the decision

c. adjusts the decision

d. rescinds the decision

e. remits the decision

247. When an appellate court disagrees with the decision reached by the trial court, the appellate court:

a. remits the decision b.

affirms the decision c.

adjusts the decision d.

rescinds the decision

e. none of the other choices are correct

248. When an appellate court’s opinion agrees with (upholds) the decision of the trial court, the court is said to have

the decision.

a. affirmed

b. remanded

c. concurred with

d. reversed

e. none of the other choices

249. Res judicata means:

a. justice has been done

b. a thing decided

c. the law has spoken

d. let justice be done

e. the justice of the judge

250. Res judicata means:

a. justice has been done

b. the justice of the judge

c. the law has spoken

d. let justice be done

e. none of the other choices

251. When a dispute cannot be considered again it is a thing decided by judgment or:

a. res judicata

b. voir dare

c. stare decisis

d. final

e. none of the other choices are correct

252. After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay?

a. a writ of certiorari

b. a writ of habeas corpus

c. a writ of rejoinder

d. a writ of execution

e. a writ of remuneration

253. After a judgment is entered in favor of plaintiff, what may the plaintiff seek if the defendant refuses to pay?

a. a writ of certiorari

b. a writ of habeas corpus

c. a writ of rejoinder

d. a writ of payment

e. none of the other choices

254. A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is

known as a:

a. writ of certiorari

b. writ of execution

c. writ of payment

d. writ of law

e. writ of rejoinder

255. A court order to an official, such as the sheriff, to seize the property of the defendant to satisfy a judgment is

known as a:

a. writ of certiorari

b. writ of rejoinder

c. writ of payment

d. writ of law

e. none of the other choices are correct

256. A court order for a certain amount of a debtor’s paycheck to be paid on a regular basis to the winner of a court

judgment is called:

a. writ of execution

b. res judicata

c. garnishment

d. specific performance

e. none of the other choices

257. A court order for a certain amount of a debtor’s paycheck to be paid on a regular basis to the winner of a court

judgment is called:

a. writ of rejoinder

b. res judicata

c. writ of payment

d. specific performance

e. none of the other choices

258. It can be difficult to collect a judgment if:

a. a party does not have valuable property to seize

b. the losing party flees the jurisdiction taking his property with him

c. the losing party hides his property out of the country

d. all of the other specific choices can make it difficult to collect a judgment

e. none of the other specific choices are correct

259. The rules governing trial procedures in Germany:

a. are nearly identical to those used in the U.S.

b. are no different from those of other all civil law countries

c. rely more heavily on juries than do courts in the U.S.

d. permit judges to question witnesses in court

e. prohibit the use of discovery

260. In German trials, judges:

a. play a much more active role than U.S. judges

b. are not allowed to speak

c. are not allowed to review evidence

d. may only question the plaintiff

e. may only question the defendant

261. In the United States, the role of the judge is usually limited to applying the law to the facts of the case. In Germany,

the judge:

a. cannot apply the law to the facts of the case

b. is presented with the facts of the case by witnesses

c. decides the facts of the case and then applies the law to those facts

d. decides the facts of the case, but may only apply the law in limited circumstances

e. none of the other choices are correct

262. The most widely recognized form of alternative dispute resolution process is:

a. arbitration

b. mini-trials

c. mediation

d. hearings

e. none of the other choices

263. The most widely recognized form of alternative dispute resolution process is:

a. absolution

b. mini-trials

c. mediation

d. hearings

e. none of the other choices

264. is the most widely recognized form of Alternative Dispute Resolution.

a. Arbitration

b. Mediation

c. Negotiation

d. Mini–trial

e. Litigation

265. is the most widely recognized form of Alternative Dispute Resolution.

a. Litigation

b. Mediation

c. Negotiation

d. Mini–trial

e. none of the other choices are correct

266. A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to

resolve the dispute by issuing a binding decision is called:

a. mediation

b. negotiation

c. mini-trial

d. arbitration

e. summary jury trial

267. A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to

resolve the dispute by issuing a binding decision is called:

a. mediation

b. negotiation

c. mini-trial

d. summary jury trial

e. none of the other choices are correct

268. The usual advantages of using an arbitrator are:

a. the arbitrator is a neutral expert

b. the arbitrators is trusted by both parties

c. the matter is resolved more quickly than in most court trials

d. less costly than a regular trial

e. all of the other choices are possible

269. An advantage of using an arbitrator is:

a. the arbitrator is a biased expert

b. the arbitrators is not trusted by both parties

c. the matter is resolved more quickly than in most court trials

d. the process is more costly than a regular trial

e. all of the other choices are correct

270. When an arbitrator is used, which is usually true:

a. the arbitrator is a biased expert

b. the arbitrators is trusted by both parties

c. the matter is resolved more slowly than in most court trials

d. the procedure is more costly than a regular trial

e. all of the other choices are possible

271. According to the Federal Arbitration Act:

a. parties must always use arbitration before going to court

b. arbitration is not recognized by the government

c. arbitration is allowed only for claims under $75,000

d. arbitration must be pre-approved by a court

e. courts must uphold agreements to arbitrate

272. Courts are instructed to by the Federal Arbitration Act.

a. enforce arbitration

b. refuse arbitration cases

c. refuse arbitration cases more than a year old

d. enforce payments

e. none of the other choices are correct

273. The arbitration process begins with:

a. a remission

b. a complaint

c. a submission

d. a motion to permit suit

e. a demurrer

274. The arbitration process formally begins with filing:

a. a remission

b. a complaint

c. a demurrer

d. a motion to permit suit

e. none of the other choices

275. A submission is what a party files to:

a. refer a dispute to arbitration

b. refer a crime to arbitration

c. extend the payment period for damages

d. pay the court ordered damages

e. none of the other choices are correct

276. When parties agree to resolve a dispute by arbitration they rely on an arbitrator. An arbitrator is usually:

a. an attorney who knows nothing about the issues in the matter and is unbiased

b. a management representative of one side to the dispute

c. a neutral expert in the field who may or may not be an attorney

d. a judge who has experience in small claims courts

e. a competitor of both parties

277. An arbitrator must be:

a. an attorney

b. related to the plaintiff

c. impartial

d. biased

e. educated beyond the college level

278. An arbitrator must be:

a. an attorney

b. the choice of the plaintiff

c. educated beyond the college level

d. biased

e. none of the other choices are correct

279. In selecting an arbitrator:

a. the parties must both agree to the choice or method of selection

b. the party bringing the action chooses the arbitrator

c. the party defending chooses the arbitrator

d. a third party chooses the arbitrator

e. the arbitrator is randomly appointed

280. Arbitrations are guided by:

a. the rules of the Supreme Court

b. the rules of the relevant arbitration association

c. the rules of the district court

d. the rules of the International Arbitration Society

e. none of the other choices are correct

281. Failure to comply with an arbitrator may result in:

a. the loss of a case

b. being held in contempt

c. going to federal prison

d. the case going to the Supreme Court

e. none of the other choices are correct

282. An arbitral hearing is:

a. conducted according to rules the parties choose

b. normally an open–door proceeding

c. less formal than a trial

d. normally faster than a court trial

e. all of the other choices

283. The decision of an arbitrator in the arbitration process is called:

a. a settlement

b. an award

c. a report

d. a prescription

e. none of the other choices

284. The decision of an arbitrator in the arbitration process is called:

a. a settlement

b. a holding

c. a report

d. a prescription

e. none of the other choices

285. An award is:

a. the decision of an arbitrator in the arbitration process

b. the decision of a Supreme Court Justice in the arbitration process

c. the decision of the plaintiff in the arbitration process

d. the decision of the defendant in the arbitration process

e. none of the other choices are correct

286. After the close of an arbitration hearing, the arbitrator:

a. grants an injunction against the losing party

b. orders specific performance by the losing party

c. requires the parties to negotiate a settlement within specific boundaries

d. determines an award

e. all of the other choices are common results

287. The decision of an arbitrator:

a. must be in writing

b. is referred to as a reward

c. is binding on the parties as if it were a court decision

d. may never be appealed

e. all of the other choices

288. Which is true about an arbitration decision:

a. it must be in writing

b. it is entered in the public record

c. the legal basis must be explained by the arbitrator

d. there may be punitive damages

e. all of the other choices