CPCU 530
Arbitration has become a major means of dealing with disputes in which areas? ANS: contracts, labor-
management relations, and insurance
What decision would be most beneficial for the appellant by the appellate court ANS: to reverse the
trial court outcome
When does a motion to dismiss occur? ANS: When, after all pleadings, a defendant asserts that the
plaintiff has failed to state a claim for which the court can grant relief
What is an advantage to the disputing parties with out-of-court settlements ANS: give some degree of
privacy regarding the final terms of any out-of-court agreement
How does the legislative branch check the judicial branch? ANS: The legislative branch has the power to
approve or deny the executive appointment of judges, and it has the ability to pass constitutional laws
that may negate judicial decisions
What does appropriate notice require under the Due Process Clause ANS: A statement of the hearing
time, place, and nature, the legal authority and jurisdiction, reference to the statute or rule involved and
a short, clear statement of the matters at issue
The common-law system in the United States was derived from which country's court decisions? ANS:
England
A judicial court may set aside the actions of an administrative agency under what grounds? ANS: that
the action violated statutory authority
What is a mediator and what is their role in ADR? ANS: A mediator is a neutral third party who acts as a
catalyst to help parties analyze their dispute, consider possible solutions, and devise a compromise
formula
,What provision of the U.S. Constitution gives the federal Congress the power to regulate insurers that
conduct business in more than one state? ANS: The Commerce Clause
What does the Due Process Clause guarantee? ANS: notice and a hearing before being deprived of
rights
What does the Equal Protection Clause prohibit? ANS: certain kinds of unfair discrimination
What does the Necessary and Proper Clause concern with? ANS: Congressional powers and is not
addressed in this course
What is the purpose of the Due Process Clause ANS: ensure no one is deprived of life, liberty, and
property without notice and a hearing
Before a judicial review of a Social Security Administration case can occur, what must happen? ANS: the
case must go through all possible administrative procedures and appeals under the doctrine of
exhaustion of administrative remedies
What does a lawyer present during the opening statement ANS: what they expect to prove
What falls under the civil law classification (vs criminal) ANS: not criminal, but rather, provides remedies
for breaches of duties
What falls under the procedural law classification (vs substantive) ANS: rules for steps or processes
Scott is presented as a witness for the plaintiff in a trial. Carla, the plaintiff, alleges that she was seriously
injured when she was struck by a vehicle driven by Luke, who was under the influence of alcohol at the
time. Scott testifies that Luke had been drinking heavily at happy hour on the day of the accident. Under
,cross-examination, Scott admits that he was not actually at the happy hour, but that a number of co-
workers had told him about Luke's drinking that day. Scott's testimony may be challenged under which
one of the following conditions under the rules of evidence?
Select one:
A. Relevant
B. Favorable
C. Competent
D. Material ANS: C. Competent
What is the basis of common-law systems? ANS: primarily court decisions
How would you describe a felony? ANS: major crimes involving long-term punishment
How would you describe a misdemeanor? ANS: minor crimes punishable by a fine or short-term
imprisonment
Felonies and misdemeanors are both crimes under what legal systems? ANS: federal and state
What is a subpoena duces tecum? ANS: a subpoena to compel production of documents or records
What is a subpoena ad testificandum? ANS: a subpoena to compel a witness to testify
How would you best describe the role of constitutions in the US? ANS: Constitutions specify and limit
government powers, including the powers of the legislative, judicial, and executive branches and the
rights of the individual against the government
, What do appeal courts decide? ANS: Whether law was applied appropriately to a case in the lower
court
Under the Gramm-Leach (GLB), what is subject to federal oversight? ANS: banking and security products
Under the Gramm-Leach (GLB), what is regulated at the state level? ANS: insurance products
Which branch has the power pass laws ANS: Legislative Branch
What alternative dispute resolution procedures is one most likely to encounter in the context of an
insurance dispute, pursuant to an insurance policy provision? ANS: arbitration
What legislative or quasi-legislative bodies produces the most law? ANS: administrative agencies
What does a writ of certiorari do? ANS: asks the Supreme Court to consider a case
What is a benefit of private mini-trials and court sponsored mock summary jury trials?
Are these decisions binding? ANS: can encourage negotiation and settlement
no
What are the roles of the president? ANS: Appoint federal judges and the heads of administrative
agencies, who can influence court decisions and regulations for years
How would you best describe equity courts in the US federal judicial system ANS: A court that can offer
solutions beyond traditional legal remedies, at the sole discretion of a judge
Arbitration has become a major means of dealing with disputes in which areas? ANS: contracts, labor-
management relations, and insurance
What decision would be most beneficial for the appellant by the appellate court ANS: to reverse the
trial court outcome
When does a motion to dismiss occur? ANS: When, after all pleadings, a defendant asserts that the
plaintiff has failed to state a claim for which the court can grant relief
What is an advantage to the disputing parties with out-of-court settlements ANS: give some degree of
privacy regarding the final terms of any out-of-court agreement
How does the legislative branch check the judicial branch? ANS: The legislative branch has the power to
approve or deny the executive appointment of judges, and it has the ability to pass constitutional laws
that may negate judicial decisions
What does appropriate notice require under the Due Process Clause ANS: A statement of the hearing
time, place, and nature, the legal authority and jurisdiction, reference to the statute or rule involved and
a short, clear statement of the matters at issue
The common-law system in the United States was derived from which country's court decisions? ANS:
England
A judicial court may set aside the actions of an administrative agency under what grounds? ANS: that
the action violated statutory authority
What is a mediator and what is their role in ADR? ANS: A mediator is a neutral third party who acts as a
catalyst to help parties analyze their dispute, consider possible solutions, and devise a compromise
formula
,What provision of the U.S. Constitution gives the federal Congress the power to regulate insurers that
conduct business in more than one state? ANS: The Commerce Clause
What does the Due Process Clause guarantee? ANS: notice and a hearing before being deprived of
rights
What does the Equal Protection Clause prohibit? ANS: certain kinds of unfair discrimination
What does the Necessary and Proper Clause concern with? ANS: Congressional powers and is not
addressed in this course
What is the purpose of the Due Process Clause ANS: ensure no one is deprived of life, liberty, and
property without notice and a hearing
Before a judicial review of a Social Security Administration case can occur, what must happen? ANS: the
case must go through all possible administrative procedures and appeals under the doctrine of
exhaustion of administrative remedies
What does a lawyer present during the opening statement ANS: what they expect to prove
What falls under the civil law classification (vs criminal) ANS: not criminal, but rather, provides remedies
for breaches of duties
What falls under the procedural law classification (vs substantive) ANS: rules for steps or processes
Scott is presented as a witness for the plaintiff in a trial. Carla, the plaintiff, alleges that she was seriously
injured when she was struck by a vehicle driven by Luke, who was under the influence of alcohol at the
time. Scott testifies that Luke had been drinking heavily at happy hour on the day of the accident. Under
,cross-examination, Scott admits that he was not actually at the happy hour, but that a number of co-
workers had told him about Luke's drinking that day. Scott's testimony may be challenged under which
one of the following conditions under the rules of evidence?
Select one:
A. Relevant
B. Favorable
C. Competent
D. Material ANS: C. Competent
What is the basis of common-law systems? ANS: primarily court decisions
How would you describe a felony? ANS: major crimes involving long-term punishment
How would you describe a misdemeanor? ANS: minor crimes punishable by a fine or short-term
imprisonment
Felonies and misdemeanors are both crimes under what legal systems? ANS: federal and state
What is a subpoena duces tecum? ANS: a subpoena to compel production of documents or records
What is a subpoena ad testificandum? ANS: a subpoena to compel a witness to testify
How would you best describe the role of constitutions in the US? ANS: Constitutions specify and limit
government powers, including the powers of the legislative, judicial, and executive branches and the
rights of the individual against the government
, What do appeal courts decide? ANS: Whether law was applied appropriately to a case in the lower
court
Under the Gramm-Leach (GLB), what is subject to federal oversight? ANS: banking and security products
Under the Gramm-Leach (GLB), what is regulated at the state level? ANS: insurance products
Which branch has the power pass laws ANS: Legislative Branch
What alternative dispute resolution procedures is one most likely to encounter in the context of an
insurance dispute, pursuant to an insurance policy provision? ANS: arbitration
What legislative or quasi-legislative bodies produces the most law? ANS: administrative agencies
What does a writ of certiorari do? ANS: asks the Supreme Court to consider a case
What is a benefit of private mini-trials and court sponsored mock summary jury trials?
Are these decisions binding? ANS: can encourage negotiation and settlement
no
What are the roles of the president? ANS: Appoint federal judges and the heads of administrative
agencies, who can influence court decisions and regulations for years
How would you best describe equity courts in the US federal judicial system ANS: A court that can offer
solutions beyond traditional legal remedies, at the sole discretion of a judge
