1, Which of the following is an example of a "motion"?

1. An attorney improperly move towards the jury during a court proceeding
2. an attorney asks the judge to allow him/her to present a document as evidence
3. a bailiff summons the witness to move to the witness stand in court
4. an attorney files something with the court to initiate a lawsuit

2, Which of the following is an example of ADR?

1. two sisters ask their mother to intervene in a fight to see if one sister improperly borrowed the other sister's sweater
2. an arbitrator decides a dispute between a Target employee and Target, over whether she was paid the correct overtime wage amount
3. two neighbors in a dispute hire a third neighbor who's a lawyer to help them resolve their argument
4. All of the other answers are correct

3, Joey sues Susan because she keys his car after he and his friends egg her house. In court, Joey ends up losing and feels this is because the court made a mistake. If he brings an appeal, in the appeal Joey would be the:

1. appellee
2. appealing plaintiff
3. appellant
4. plaintiff

4, In an appeal, the appellate court thinks the lower court made no mistakes at trial. The appellate court should then:

1. affirm the lower court's decision
2. confirm the lower court's decision
3. issue an order repeating the lower court's decision
4. write new case law providing additional reasoning for why the lower court reached the correct conclusion.

5, In a civil case, the burdenof proof rests with the ____________________.

1. the defendant
2. prosecutor
3. the moving party
4. the plaintiff

6,Jessica and Armen get into a dispute over a contract. Jessica thinks that when Armen broke his promise under the contract, it resulted in her losing $10,000. Armen admits he broke the contract, but says that it only resulted in $2,000 in damages to Jessica. When Jessica threatens to sue Armen for $10,000, Armen offers her $6,000 if she promises to not sue. She agrees. This is an example of:

1. an arbitration
2. a settlement
3. an equitable outcome
4. litigation

7,What type of court order requires a person to bring a document to the court or an attorney's office?

1. Subpoena duces tecum
2. Supboena document teuces
3. Subpoena
4. Motion to subpoena document

8,In the criminal case against O.J. Simpson, the jury found O.J. Simpson not guilty. This means that he was:

1. not convicted
2. found innocent
3. acquitted
4. All of the other answers are correct

9,Which of the following situations describes the term "discharge" as it is used in contracts law:

1. Bob and Annie get into a contract in which Bob has to fix Annie's leaking roof and Annie is supposed to pay him $10,000. He fixes the roof but she does not pay and 6 months later files for bankruptcy and the court orders that she no longer has to pay for the roof contract.
2. Ernie and Bert sign a contract in which Ernie promises to watch Bert's pigeons on Saturday if Bert pays Ernie $10 per hour for the pigeon-sitting. While Ernie's baby-sitting, he gets distracted when Big Bird stops by to talk, and all the pigeons fly away. Bert sues Ernie and the court says Big Bird should pay for the lost birds because he caused Ernie to be distracted.
3. Jill promises Jack she'll go up the hill with him and help him bring back a pail of water, if he does her homework for her. He completes her homework assignment for her and she turns it in and gets an A. The next day they start up the hill together, and when she realizes how heavy the pail is, she tells him she can't help and he sues her. The court tells her she has to pay him back for breaking his promise.

10, Leila and Mark are two neighbors who haven't been getting along because Leila keeps throwing loud parties that attract 60-70 people each night who end up taking up all the parking spaces on the street and keep blocking Mark's driveway. When Mark complains, Leila offers to pay Mark $75 each time his driveway gets blocked, as long as he leaves her and her friends alone and just lets them enjoy partying. Mark could care less about the money and just wants the parties to stop and for her guests to stop parking in his driveway. If he sues Leila in court, he would likely ask the court for:

1. a conviction
2. an injunction
3. a misdemeanor
4. an interrogatory

11, When lawyers and law students/professors talk about reading "a case," the word "case" refers to:

1. an opinion written by an appeals court or higher
2. a precedent decision by a prosecuting judge
3. an important decision made by the United States Supreme Court
4. an opinion written by a judge or judges, explaining their decision in the case.

12,"Stare decisis" is the process by which lawyers stare at each other long and hard enough in court, until one of them decides to give in and drop their argument against the other side.

1. True
2. False

13,A jury's decision in a case about whether someone is guilty or not guilty, or whether someone should have to be responsible for paying the other side's costs or damages, is referred to as:

1. the verdict
2. the opinion
3. the tort
4. litigation

14, The phrase "Burden of Proof" refers to the burden that the defendant has in a criminal case to prove his or her innocence when falsely accused.

1. True
2. False

15, Jessica sues Berto because he ran a red light and crashed into her brand new Toyota Prius, causing significant damage to the front of her vehicle. When she presents evidence and witnesses against him in court, this is part of herprosecutionof him in court.

1. True
2. False

16,As part of her effort to remove her father as conservator of her estate, Britney Spears spoke in court about the reasons for her request and difficulties she's faced as a result of the conversatorship. Her statements in court are consideredtestimonythat a judge will consider.

1. True
2. False

17, Precedent is

1. The commander in chief of the U.S. federal government
2. a court's earlier decision relied on as authority
3. a principle of contract law
4. an American legal concept not used in the British system

18, "Answer" is a legal term that refers to

1. a witness's response to questions asked in court
2. a written response provided by a defendant in response to a complaint filed against him/her
3. a lawyer's response to a client's inquiry about his/her chances of winning a case
4. a judge's response to a lawyer's objection that is either "sustained" or "overruled"