1. The Hatfield and McCoy's have been feuding for generations. Finally they decide to have their dispute arbitrated by famed attorney Perry Mason. Which of the following will NOT be a result of the arbitration?

a. The Hatfield and the McCoy will not have the chance to present their cases

b. Mason will render a binding decision

c. Mason need not give reasons for the decision

2. A breach of duty occurs when

a. Damage to the plaintiff has occurred

b. The defendant has not taken the precaution that a reasonable person would have taken in this situation

c. the plaintiff has not taken precaution that a reasonable person would have taken in this situation

3. The tort arises when a business uses another persons likeness or voice for business or commercial purposes is

a. conversion

b. commercial exploitation

c. identity theft

4. Driving his sport utility vehicle negligently through the Hundred Acre Wood after having a little too much mead, Winnie crashes into a old dying tree. The tree falls, smashing through the roof of piglets house, killing piglet instantly. Had Winnie not been negligent, Piglet wouldn't have died. Regarding Piglets death and related damage, the crash is the

a. intervening cause

b. superseding cause

c. factual cause

5. The two basic forms of jurisdiction that a court must have to hear a civil case brought against a defendant are

a. individual and statutory

b. subject matter and personal

c. subject matter and exclusive

6. Kathy Lee goes diving during her Carnival Cruise. Carnival requires that Kathy Lee signs a waiver form acknowledgement that diving is an inherently dangerous activity and indicate that if she is injured by a shark she cannot sue the Carnival. Kathy Lee was bitten by a shark during her dive, and after the cruise she sues the Carnival. The carnivals best defense is

a. assumption of the risk

b. comparative negligence

c. contributory negligence

7. The United states has taken a position that legal issues are best resolved by lawsuits involving parties with conflicting interest presenting their strongest possible case to a neutral factfinder. Because of this, the legal system in the United States is considered a(an)

a. mediation system

b. adversary system

c. conflict system

8. RICO prohibits the use of two or more racketeering acts to accomplish any one of the three specific goals. Which of the following is NOT one of the three specific goals covered by RICO?

a. maintaining or acquiring businesses through criminal activity

b. operating businesses through criminal activity

c. taking actions to limit competition and assert market dominance

9. Which of the following is not a requirement for a class action suit to be certified by the court?

a. The claims of al members of the alleged class must have arisen in the same state.

b. the named plaintiff must be suitable representative of the alleged class

c. The number of claims of all members of the alleged class must be so numerous as to make individual trials impractical

10. At what stage in the criminal process does the right to counsel pursuant to the sixth amendment to the U.S. constitution attach?

a. At all important stages of the criminal process once the investigation focuses on that person becomes a suspect

b. at the time of a suspects arrest.

c. When the suspect/defendant request the assistance of counsel.

11. What two conditions must exist for federal courts to have diversity jurisdiction?

a. the case has been tried in two different states with two different outcomes and the amount in dispute exceeds $50,000

b. the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000

c. The plaintiff and defendant are from the same family and the amount in dispute exceeds $50,000

12. What is an example of subpoena?

a. a court order compelling a witness being deposed to answer questions during the deposition

b. A demand from a federal administrative agency to a business that requires the business to produce various internal documents

c. a court order to a company to prevent that company from taking an action that might violate the law

13. A(an) ______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute

a. order of dismissal

b. federal question

c. summary judgment order

14. in tort law, with respect to torts such as defamation and commercial disparagement, the terms "publication" means

a. that a false statement is included in a book or magazine

b. that a false statement is communicated to a third party whether in writing or orally

c. that the statement is printed in a newspaper of general record.