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LES 305 Practice Test with Complete Solutions Graded A+ Testimony and Submission of Evidence - Answer-Each side uses its witnesses to introduce relevant evidence or to: - authenticate documents - verify physical evidence - provide expert testimony accompanied by charts or graphs shown to the ...

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  • August 19, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
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LES 305 Practice Test with
Complete Solutions
Graded A+
Testimony and Submission of Evidence - Answer-Each side uses its witnesses to
introduce relevant evidence or to:
- authenticate documents
- verify physical evidence
- provide expert testimony accompanied by charts or graphs shown to the jury

Closing Argument - Answer-Once testimony is completed and evidence has been
submitted to the jury, each attorney sums up the case and tries to convince the jury that
their version of the case is more compelling

charges the jury - Answer-Jury instructions, given to the jurors before their deliberations.

Judge will also give jury instructions on:
- Preponderance of the evidence (the standard of proof in a civil case)
- The applicable law to apply in reaching their decision

Deliberations - Answer-the jury's formal discussion and debate over what the verdict of
a trial will be

- Black box theory of jury: What happens in there is a mystery, but what comes out is a
verdit

Verdict - Answer-the decision a jury makes in a trial.

- if jury cannot agree on a verdict, this is known as a hung jury, and the litigants must
start the process over (rare in commercial dispute)

Post Trial Motions and Appeals - Answer-Motions filed after trial, seeking to change the
result

Appellate courts engage in judicial review to decide whether any errors were committed
during the trial and also have the power to reverse/modify decisions of trial courts.

,(appeals are based on legal issues, not factual ones)

Collecting the Judgement - Answer-Can be difficult, especially if defendant's assets are
tied up in non-liquid forms such as real estate or are exempt through bankruptcy filing.
- can garnish wages

Advantages of Alternative Dispute Resolution (ADR) include: - Answer-- Cost
- Preserving the business relationship
- Time
- Expertise
- Privacy

Informal ADR - Answer-Involves the parties negotiating face-to-face or through
intermediaries to arrive at a mutually agreeable solution without the use of a formal
process.

Can take form of a settlement agreement or agreement to cancel/revise a contract

Arbitration - Answer-Settling a dispute by agreeing to accept the decision of an impartial
outsider

- Hearing is similar to a court setting but less formal.

- Binding or nonbinding decision is made depending on agreement of the parties

- Typically binding, but court-ordered arbitration required before case proceeds to trial is
often nonbinding.

Federal Arbitration Act (FAA) - Answer-A federal statute that provides for the
enforcement of most arbitration agreements

- Parties can agree to have decision confirmed in federal court
- FAA covers any arbitration clause in an interstate commerce

Mediation - Answer-A method of settling disputes outside of court by using the services
of a neutral third party, called a mediator. The mediator acts as a communicating agent
between the parties and suggests ways in which the parties can resolve their dispute.

Expert Evaluation - Answer-Method of alternative dispute resolution in which an
independent expert acts as the neutral fact-finder; particularly useful for parties involved
in a business dispute where the issues are somewhat complex and related to the
intricacies of a certain industry or profession.

med-arb - Answer-Method of alternative dispute resolution whereby the parties begin
with mediation and, if mediation fails in a fixed time period, the parties agree to submit
to arbitration.

, Summary Jury Trial - Answer-mock trial followed by negotiations

Mini-Trial - Answer-A private proceeding in which each party to a dispute argues its
position before the other side and vice versa. A neutral third party may be present and
act as an adviser if the parties fail to reach an agreement.

Functions of the Constitution - Answer-(1) establishing a structure for the federal
government and rules for amending the Constitution;

(2) granting specific powers for the different branches of government;

(3) providing procedural protections for U.S. citizens from wrongful government actions.

Structure of the Constitution - Answer-Preamble, 7 articles, 27 amendments

Articles 1-3 establish a system of govt with three coequal branches: Legislative,
Executive, Judicial

First 10 amendments = Bill of Rights

Congressional Powers: Article 1 - Answer-Article I, Section 8, of the Constitution also
contains the necessary and proper clause, or the elastic clause, which gives Congress
extra powers. As interpreted by the Supreme Court in McCulloch v. Maryland (1819),
this clause means that Congress can assume other powers and pass laws in order to
fulfill its duties.

Congress has powers that affect business:
- regulate commerce
- tax and spend
- regulate bankruptcy, patents, copyrights

Article 2: Executive Branch - Answer-the President, Vice-President, Cabinet, and
Departments under the Cabinet Secretaries carry out the laws made by Congress.

- enter into treaties, carry out foreign policy
- appoint federal officers/judges

Article 3: Judicial Branch - Answer-the Supreme Court decides court cases according to
US Constitution. The courts under the Supreme Court decide criminal and civil court
cases according to the correct federal, state, and local laws.

Judicial Review - federal courts have the right to invalidate state or federal laws that are
inconsistent with the Constitution in some way

- Supreme Court declared this in Marbury vs. Madison

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