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Law
Q:
(p. 75) Which of the following is true of a summary jury trial?
A. The jury provides an advisory verdict based on the facts.
B. The jurors are prohibited from speaking to the parties about the case.
C. The judge submits written questions that the parties have prepared for the jurors.
D. Neither side can withhold an argument that they later present in court.
Q:
(p. 75) A case that undergoes a summary jury trial must:
A. deal with questions of criminal law rather than civil law.
B. have previously undergone mediation and arbitration proceedings.
C. involve a bona fide dispute as to the authentic questions of law.
D. be resolved in a settlement discussion rather than a trial.
Q:
(p. 76) A private civil trial can be defined as _______________.
A. a process that establishes supportive relationships among parties to a contract to head off disputes before they occur
B. a technique by which parties hire a retired judge or a magistrate to hear the dispute, following rules used in an official trial
C. a shortened version of a trial conducted in less than a day before an actual jury that then renders an advisory verdict in the case.
D. a period during which a court's docket is cleared of all business, except for settlement hearings.
Q:
(p. 77) Big Co. and Gantt Co. have entered into a contract for a long-term project. The companies opt to use a partnering process to resolve disputes. The partnering process between them will begin:
A. after the contract has been finalized but before the project has begun.
B. when the first dispute between the two parties arises.
C. only if both mediation and arbitration procedures have failed.
D. once the project has begun and the parties are aware of possible problems.
Q:
(p. 77) Which of the following ADR techniques is begun before a dispute has arisen rather than after?
A. Mediation
B. Summary jury trials
C. Arbitration
D. Partnering
Q:
(p. 71) A major criticism of ADR is that it:
A. does not control the spending on litigation.
B. keeps the parties from carefully considering their agreements.
C. does not allow the attorneys to develop analytical skills.
D. keeps critical social issues from reaching the judicial system.
Q:
(p. 72) Which of the following statements about a mediator is true?
A. The mediator must encourage the disputing parties to compromise on their demands.
B. The mediator has the power to issue a binding judgment on the disputing parties.
C. The mediator must be chosen from among the parties involved in the dispute.
D. The mediator's role is only useful before a lawsuit if filed by the parties.
Q:
(p. 72) _______________ is a non-binding process where neutral third party works with the parties to reach a mutually agreeable settlement.
A. Negotiation
B. Mediation
C. Litigation
D. Partnering
Q:
(p. 73) Which of the following is true of arbitrators?
A. The arbitrator can make suggestions, but not issue binding decisions.
B. The arbitrator is a non-lawyer from the relevant industry.
C. The arbitrator must be chosen from among the disputing parties.
D. The arbitrator's decision can be appealed in court.
Q:
(p. 74) Which of the following is true of arbitration?
A. The procedures involved in arbitration are more rigid than those followed in lawsuits.
B. An arbitrator's decision is binding and cannot be appealed in court.
C. An arbitration hearing can be planned and executed by the parties themselves.
D. An arbitrator's decision cannot come under the review of the courts.
Q:
(p. 74) Med-arb, a form of ADR, combines the best aspects of:
A. reg-neg and ENE.
B. negotiation and arbitration.
C. mediation and arbitration.
D. ENE and a private civil trial.
Q:
(p. 71) ADR is most likely to be useful in cases involving _______________.
A. constitutional law
B. civil rights
C. contracts
D. criminal law
Q:
A Symtha Computer programmer residing in New Jersey, designs a corporate information system for a client, Matrix Corp., whose offices are in Delaware. Unfortunately, the system crashes before the Symtha programmer is paid for her work and records are lost that cost Matrix $300,000 to reconstruct. Matrix sues Symtha for breach of contract. The Symtha programmer believes that the crash was not caused by her system and that she should be paid by Matrix. Discuss the options Symtha has in responding to the lawsuit by Matrix.
Q:
Sheena files a lawsuit against New York Airlines and the Virginian airport, for causing inconvenience during transit and monetary loss. She was flying New York Airlines to Florida, with a layover in Virginia. However, the airlines was delayed by ten hours and later cancelled, with no refund or alternate flights for the passengers. In response to her lawsuit, New York Airlines acknowledges the inconvenience caused but blames the airport authorities in Virginia who did not allow the flight to land, hence the cancellation. Analyze the situation.
Q:
Nick sues Bradford & Co. alleging employment discrimination. Nick believes Bradford & Co.'s e-mail will reveal evidence of discriminatory attitudes and actions by their management. Nick sends a letter to Bradford & Co. requesting copies of e-mail messages for the last six months but receives no answer. What should Nick do?
Q:
Ashley is accused of forgery and is arrested by the city police, and is being compelled to testify, which she refuses to do. At the trial, she asserts her innocence, and informs the jury that she was not informed of her rights by the officers at the time of her arrest, and was compelled to testify. She wants the jury to be instructed about the rights of a criminal defendant and the degree of proof required of both the prosecution and her in this case. Discuss the case.
Q:
(p. 70) Which of the following is true of litigation and ADR?
A. Litigation is less adversarial than ADR procedures.
B. Litigation is generally more expensive than ADR procedures.
C. ADR procedures are generally more time-consuming than litigation.
D. The use of ADR procedures makes litigation unnecessary.
Q:
Jill, a resident of Iowa, suffers $20,000 in damages when a BIG Corporation truck hits her parked car in Illinois, where Jill is visiting her aunt. BIG Corporation is incorporated in Delaware. In what court may her suit be filed?
Q:
Residents of Rosewood County in Pennsylvania have filed a lawsuit in the state court against Thompson Brothers, a New York-based home builder, concerning the completion of the builder's newly-built apartment facility. Fearing the hostility of the Pennsylvanian jury, Thompson Brothers consider appealing to the state court to move the case to the federal court. Analyze the case in brief.
Q:
Joe wants to sue directly in his state's supreme court since his suit involves a question of genetic testing that has never been heard by a trial court of general jurisdiction in Joe's state. Can Joe sue directly in his state's supreme court? Explain.
Q:
Samantha sues Acme Chemical Co. in a federal court for injuries caused five years ago by the application of a residential pesticide produced by Acme. The state statute of limitations (time to bring lawsuits) in Samantha's state is three years. Samantha wants the federal court to apply a longer four-year federal statute of limitations. How will the federal court resolve this question?
Q:
Sue wants to sell products on the Internet but is concerned that she might be sued in a distant state by a dissatisfied customer. How might Sue best design a Web site to avoid this possibility?
Q:
Susan has been defrauded of 50 cents by ABC Corp. and has good reason to believe that thousands of other individuals have also been defrauded of 50 cents each. Susan wants to sue but the expense of bringing a lawsuit for 50 cents is too great. What can Susan do to obtain a judicial hearing of his complaint?
Q:
_____ is the power of the court to hear a case based on Internet-related transactions.
A. Science jurisdiction
B. General jurisdiction
C. Cyber jurisdiction
D. Subject matter jurisdiction
Q:
The Federal Rules of Civil Procedure now refer to computerized evidence as:
A. electronic lockbox.
B. electronic data interchange.
C. e-commerce.
D. electronically stored information.
Q:
A court procedure during which the criminal defendant is reminded of his/her rights is:
A. an indictment.
B. a preliminary hearing.
C. an arraignment.
D. an initial appearance.
Q:
A(n) _____ is a set of formal charges against the defendant issued by a grand jury.
A. arraignment
B. information
C. indictment
D. prosecution
Q:
An equitable remedy may be all of the following except:
A. specific performance.
B. damages.
C. an injunction.
D. a restraining order.
Q:
Ignacio wins a monetary judgment at trial but is denied an award of attorney's fees. The defendant, Salazar, acts to challenge the adverse trial court decision before an appellate court. Ignacio wants to challenge the denial of an award of attorney's fees. Ignacio should:
A. attempt rebuttal.
B. attempt surrebuttal.
C. cross-appeal.
D. counterclaim.
Q:
A case in which one representative party files a lawsuit on behalf of all members of a group of plaintiffs who share a single, similar injury is a(n):
A. arraignment.
B. demurrer.
C. class action.
D. indictment.
Q:
A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue the credit card company but cannot find an attorney who is willing to do this. Marlene should:
A. approach the legislature for special suit legislation.
B. approach the U.S. Supreme Court to grant original jurisdiction.
C. bring a petition to the Congress signed by the cardholders.
D. bring a class action suit.
Q:
Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note. Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court, then Joe's answer should contain a:
A. counterclaim against Acme.
B. cross-claim against Acme.
C. third-party complaint against Acme.
D. new lawsuit against Acme.
Q:
Jose wants to question in person, Ellen, a witness, about her observation of an auto accident in advance of a trial concerning the accident. Joe should:
A. send Ellen interrogatories.
B. take Ellen's deposition.
C. ask Ellen to produce tangible evidence.
D. issue summons for Ellen to appear in court in advance of the trial.
Q:
Requests for admissions:
A. are made to secure a statement from a party that a particular fact is true.
B. ask a party to undergo a physical or a mental examination.
C. are written questions that must be answered in writing under oath by the opposite party.
D. ask a party to produce documents, records, accounts, photographs, or other tangible evidence.
Q:
Who typically conducts "direct examination"?
A. The plaintiff's attorney
B. The defendant's attorney
C. The judge
D. The jury
Q:
Probate courts and courts of claims are examples of courts with
A. special jurisdiction.
B. subject matter jurisdiction.
C. personal jurisdiction.
D. general jurisdiction.
Q:
Joe, a citizen of Ohio, and Maria, a citizen of New Mexico, have an auto accident in New Mexico. For a federal court to hear this case there must be:
A. a federal statute involved.
B. a federal auto title involved.
C. an amount over $75,000 involved.
D. an amount over $20 involved.
Q:
The Federal Circuit was established by Congress primarily to:
A. hear appeals on questions of law from the lower courts.
B. streamline and unify patent law.
C. decide on the details involved in bringing a case to trial.
D. simplify issues and avoid unnecessary arguments and surprises in the subsequent trial.
Q:
The United States Supreme Court does not have original jurisdiction in which of the following cases?
A. Cases affecting ambassadors.
B. Cases coming from state supreme courts.
C. Cases where public ministers and consuls are involved.
D. Cases in which a state is a party.
Q:
Gordon Gibbs grated his plow along his neighbor's driveway, ruining the driveway. The neighbor wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will most likely be heard by:
A. a state intermediate appellate court.
B. the state supreme court.
C. a family court.
D. a small-claims court.
Q:
The _____ is played out every time a plaintiff and defendant place their case in the hands of a judge or jury.
A. federal court system
B. uncertainty principle
C. abstract principle
D. word of law
Q:
Most courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law. This process is referred to as:
A. plenary review.
B. a clearly erroneous standard.
C. abuse of discretion.
D. de novo review.
Q:
Courts with the power to hear any type of case are said to exercise:
A. personal jurisdiction.
B. special jurisdiction.
C. general jurisdiction.
D. subject matter jurisdiction.
Q:
Specific performance requires a party to a contract to go through with the terms of the contract.
Q:
An inactive advertisement on the Internet would usually not establish jurisdiction under the minimum contacts theory.
Q:
Formal criminal charges may be brought against a defendant without a grand jury being involved.
Q:
A demurrer is a motion for dismissal of a case for failure to state a claim for which relief can be granted.
Q:
The defendant's answer may contain an affirmative defense but not a counterclaim.
Q:
If Joe sues Marie as the result of a contract dispute, Marie cannot request that Joe undergo a physical examination.
Q:
Having been called for jury selection, Lawrence discovered that the defendant in the trial is the brother of his stockbroker. The lawyers may rightfully reject Lawrence on the grounds that his relationship with the stockbroker may affect his ability to be an unbiased juror.
Q:
Jury instructions contain the judge's opinion of the evidence presented.
Q:
State trial courts are known as limited jurisdiction courts.
Q:
State appellate courts typically have a three-judge panel deciding a particular case.
Q:
The decisions of state supreme courts are final unless a federal issue or a constitutional right is involved.
Q:
A defendant is a person who begins a lawsuit by filing a complaint against a plaintiff in a trial court of general jurisdiction.
Q:
The "complaint" is presented by the plaintiff directly to the defendant and is called service of process.
Q:
The process of moving a case from a U.S. District Court to a state court is called removal.
Q:
The U.S. federal court system is divided into 13 circuits.
Q:
The U.S. Supreme Court has original jurisdiction in a case in which a state is a party.
Q:
A federal question could involve the U.S. Constitution, a federal statute, or a treaty.
Q:
Subject matter jurisdiction in federal court cannot arise in cases of diversity if no federal law is involved.
Q:
A Massachusetts law prohibited governmental agencies of Massachusetts from buying goods from companies that conducted business with Myanmar. On what basis can this law be struck down by the Supreme Court of the United States?
Q:
In a case presented to the Philadelphia Court, the judge and the jury realize that no specific statute is applicable and decide to refer to previously recorded legal decision made in similar cases. Discuss.
Q:
Helen, a 15-year-old citizen of Illinois, was about to go to the doctor for an abortion when the Supreme Court of Michigan ruled that minors could not receive an abortion without parental consent. What effect might the Michigan Supreme Court's decision have on Helen?
Q:
The courts are judicial tribunals that meet in a regular place and apply the law in an attempt to settle disputes by weighing the arguments presented by advocates for each party.
Q:
A court that only has the power to hear tax cases would be a court of special jurisdiction.
Q:
Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.
Q:
Matrix Corp. is fined by the Occupational Safety and Health Administration for violations of workplace safety regulations. Matrix challenges the fine on the basis that it was not allowed to have a jury trial before being fined. Discuss.
Q:
A state law restricts the sulfur dioxide emissions from electric generation plants more severely than those of the federal Clean Air Act. Must an electric generation plant obey the state law or may it follow the federal statute?
Q:
A court decides that a state agency, rather than a federal one, can control what governmental employees, in the course of performing their duties, are permitted to talk or write about in relation to official policies, procedures, and programs. Such a prohibition might appear to violate the employee's Constitutional right of free speech as a U.S. citizen. Analyze.
Q:
Small towns want to restrict the speed of trains passing through the town to 20 miles per hour. The Federal Railroad Administration allows trains to travel through the towns at upto 70 miles per hour. Discuss whether or not the towns may restrict the speed of the trains.
Q:
A local city council enacts an ordinance that prohibits aircraft from taking off before 7:00 A.M. and disturbing the city's residents. An airline whose schedule is subject to federal regulation challenges this ordinance. Discuss the legal basis of this challenge and the likely outcome.
Q:
The process of determining the constitutionality of various legislative statutes, administrative regulations, or executive actions is:
A. preemption.
B. statutory interpretation.
C. devolution.
D. judicial review.
Q:
Once a rule is finalized, it is included in the _____________________.
A. Administrative Register
B. Code of Federal Regulations
C. Uniform Commercial Code
D. Modern Federal Register
Q:
Stanley runs a business in Middletown. He knows bribing an officer in return for favorable duties is a crime. However, he avoids bribery' by sending only gifts' to the sheriff as a token of appreciation of the officer's services to the town. The sheriff is impressed by Stanley's act and ensures that his business is well protected'. Analyze the situation.
Q:
A business asks a court to interpret the way in which newly enacted shoplifter detention legislation will be applied if the business, at some future point, detains a suspected shoplifter. The court may:
A. issue an advisory memorandum.
B. convene a conference of business and consumer representatives.
C. not interpret the statute until faced with a case.
D. ask the legislature to issue an advisory memorandum.
Q:
_______________ is the process by which the courts analyze those aspects of a statute that are unclear and ambiguous or that were not anticipated at the time the legislature passed the statute.
A. Judicial review
B. Statutory interpretation
C. Devolution
D. Preemption
Q:
A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards yet enabled men to obtain the cards for free. This regulation was contradictory to the constitution. Hence the U.S. Supreme Court is likely to:
A. review common law to see whether a precedent exists.
B. use statutory interpretation to clarify the law.
C. rule the regulation as unconstitutional.
D. let the regulation stand.
Q:
If there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case:
A. will apply common law.
B. will inevitably devolve.
C. will be unable to decide the case.
D. will ask the U.S. Supreme Court for an advisory opinion.
Q:
Typically, if a decision is made by the Florida Supreme Court, it would be:
A. persuasive in some Florida states courts.
B. binding in all Florida state courts.
C. binding in all other state courts.
D. persuasive in all Florida states courts.