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Quiz 4 Attempt 1
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Note: It is recommended that you save your response as you complete each question.

Question 1 (3 points) Discovery, the information gathering stage of the trial process, serves several purposes. Discovery:
Question 1 options:

reduces the likelihood of perjury.

defines and narrows the facts.

preserves testimony of witnesses who may not be available for trial.

all of the choices listed here are correct because discovery: DOES preserve testimony of witnesses who may not be available for trial, reduce the likelihood of perjury, and define and narrow the facts.
Question 2 (3 points) A case brief generally includes which of the following?
Question 2 options:

a summary of the facts necessary to the resolution of the case

the court's holding

all of the listed answer choices could be included in a case brief

an explanation of the court's logic
Question 3 (3 points) The use of alternative dispute resolution is decreasing rapidly in comparison to traditional litigation.
Question 3 options:

True

False
Question 4 (3 points) A court's holding is the answer the court gives to the central legal issue in the case.
Question 4 options:

True

False
Question 5 (3 points) The U.S. legal system guarantees a jury trial in all lawsuits.
Question 5 options:

True

False
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Question 6 (3 points) Which of the following is false about the doctrine of stare decisis?
Question 6 options:

It makes the laws more equitable.

It allows the court to make a faster decision.

It makes it difficult to predict the result in a given case.

It makes the law more uniform.
Question 7 (3 points) The law defining what speed is excessive on a given stretch of highway is procedural law.
Question 7 options:

True

False
Question 8 (3 points) Long arm statutes are:
Question 8 options:

state statutes allowing residents of the state to secure jurisdiction over those from out of state.

federal statutes that regulate disputes between citizens of different states.

state laws which limit the state's power to the boundary of the state.

state laws that say a nonresident defendant must have his or her property (which is the subject of the suit) located within the state.
Question 9 (3 points) Which of the following would not be considered as one of the goals of the legal system according to the text?
Question 9 options:

to guarantee freedom

to resolve conflict

to maintain order

to satisfy peoples' need for retribution

to preserve dominant values
Question 10 (3 points) Sneaky Pete is watching the jury nervously, hoping his attorney can convince them he was merely sleepwalking and did not intend to take the jewelry from the motel room. He doesn't think the state should have brought the case in the first place, since the rings turned out to be cubic zirconium instead of diamonds. This is
Question 10 options:

a civil trial court proceeding.

an appellate court proceeding.

One can't tell from the facts given.

a criminal trial court proceeding.
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Question 11 (3 points) Because of their training, judges are not prejudiced and always make the right decision.
Question 11 options:

True

False
Question 12 (3 points) An appellate court
Question 12 options:

does none of the things listed in the other answer choices.

hears testimony of witnesses and views evidence.

uses a jury to decide questions of law.

goes to the scene of the incident.
Question 13 (3 points) In a jury trial, the judge has the power to overrule the jury's decision.
Question 13 options:

True

False
Question 14 (3 points) Arbitration is a process:
Question 14 options:

in which the disagreeing parties devise a solution

which was recently made illegal by federal law

which is usually extremely time-consuming and expensive

in which a neutral third person makes the decision
Question 15 (3 points) The word/phrase __________ refers to the fact that potential litigants must show their interest in the outcome of a trial to be sufficiently direct and substantial as to justify the court's attention.
Question 15 options:

actus reus

standing to sue

stare decisis

litigation
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Question 16 (3 points) In criminal trials, guilt must be established by a preponderance of the evidence.
Question 16 options:

True

False
Question 17 (3 points) The pleading which notifies the defendant about the basic facts of the lawsuit being filed against him or her is called the complaint.
Question 17 options:

True

False

Question 18 (3 points) The American legal system
Question 18 options:

has attributes that other countries are adopting for their own use.

is likely one of the most effective and fair systems in existence.

has a lot of problems.

According to the text, all of the answer choices listed are correct.
Question 19 (3 points) One of the goals of the law is to resolve conflicts in an orderly fashion.
Question 19 options:

True

False
Question 20 (3 points) Jurisdiction refers to a court's power and authority to hear a dispute.
Question 20 options:

True

False
Question 21 (3 points) Which of the following is false about the doctrine of stare decisis?
Question 21 options:

It makes the laws more equitable.

It makes the law more uniform.

It makes it difficult to predict the result in a given case.

It allows the court to make a faster decision.
Question 22 (3 points) The common law is the law that is uniform in all states.
Question 22 options:

True

False
Question 23 (3 points) According to the surveys cited by the text, the majority of Americans feel that the U.S. criminal justice system treats people equally.
Question 23 options:

True

False
Question 24 (3 points) If an accident occurs in the state of Alabama, and the parties are trying to decide where the case should be heard (usually by the court geographically closest to the incident or property in question), the parties are trying to determine the correct _____________?
Question 24 options:

in rem jurisdiction

subject matter jurisdiction

forum non conveniens

venue
Question 25 (3 points) Most trial court decisions are appealed and successfully retried in appellate courts.
Question 25 options:

True

False

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