1. 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
2. A defendant may make a counterclaim against the plaintiff:
a. based on the same events the plaintiff bases the complaint on
b. only if it involves different events than those the plaintiff bases the complaint on
c. only if the plaintiff agrees
d. only if the court doubts the plaintiff
3. If the mental state of a party to a suit is an issue raised by the other party the:
a. court cannot require an examination since that violates the constitutional right to privacy
b. court will only allow evidence from the experts of the plaintiff’s choosing
c. court will sanction a rule to comply
d. court may allow an examination given by specialists of the opposition’s choosing
4. Suppose both sides in a suit agree about certain facts, so they do not need to be proven at trial. To settle facts about which there is no real dispute, the parties may use:
a. requests for admissions
b. expert witness commentary
c. protective order for documents
d. sanctions
5. 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