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1. You have been charged with a crime and a hearing has been set to determine if you are guilty. The time and date of

1. You have been charged with a crime and a hearing has been set to determine if you are guilty. The time and date of hearing is changed without notice to you. A good argument exists that resetting the hearing for a time you are taking your final exam violates _____________________.

a.

violate your right to obtain a college education.

b.

violate your right to due process.

c.

violate your right to equal protection.

d.

are fair and none of your rights have been violated.

2. Joaquin installed new plumbing in Owens home. A few days later Owen noticed leaks and water damage on the walls. Owen said the leaks and damage were caused by Joaquins faulty work. Joaquin said he checked it after it was done and everything was done correctly, it must have been something else. What is the factual issue raised in this scenario?

a.

Did Joaquin install the plumbing?

b.

The plumbing leaked.

c.

Did Joaquin install the plumbing improperly?

d.

Joaquin installed the plumbing.

e.

None.

3. What is a case brief usually called just a brief in this class?

a.

An argument.

b.

FIRAC

c.

Dissection of a legal argument.

d.

A detailed summary of the law.

e.

A passage designed to convince the reader of a certain conclusion based on law.

4. Legal standards of behavior come into existence....

a.

through governmental processes.

b.

through majority voting.

c.

by majority rule.

d.

by peer pressure.

5. Arbitration is.. (quiz)

a.

both a and b are correct.

b.

similar to litigation but is provided by private companies.

c.

similar to mediation - that is a trained third party helps the parties decide a case.

d.

similar to mediation - that is a trained third party decides the dispute.

6. Aria and Rick have a dispute about whether or not either or both of them breached a contract between them. Both of them tend to be very forceful about their opinions and have trouble listening to others. If they wanted to resolve this dispute privately but felt having another person there might help them remain calm so they could figure this out, they should _____________.

a.

mediate

b.

negotiate

c.

litigate

d.

arbitrate

7.

Aria and Rick have a dispute about whether or not either or both of them breached a contract between them. Both of them tend to be very forceful about their opinions and have trouble listening to others.

DISPUTE RESOLUTION RELATED QUESTIONS. If they wanted their dispute to remain private, but wanted another party to decide who wins and why, they should _____________.

a.

litigate

b.

negotiate

c.

arbitrate

d.

mediate

8.

Aria and Rick have a dispute about whether or not either or both of them breached a contract between them. Both of them tend to be very forceful about their opinions and have trouble listening to others.

DISPUTE RESOLUTION RELATED QUESTIONS. If they did not care about any future relationship they might have, had lots of money, and just wanted to prove they were right, they should __________.

a.

litigate

b.

negotiate

c.

arbitrate

d.

mediate

9. Administrative agencies create regulations. Regulations are _________.

a.

codes

b.

guidelines

c.

laws

d.

bills

10. Rad Television aired a show entitled Do It Yourself. this program instructed the viewing audience on how to manufacture certain illegal drugs and where to buy the necessary ingredients. Rad television was notified that it was being charged by the Federal Communications Commission, a federal agency, with violation of a(n) ______________. Fill in the blank with the source of law that the FCC claims Rad Television violated.

a.

order

b.

common law

c.

regulation

d.

statute

11. Which of the following statements is true?

a.

Appeal courts review all laws passed by the legislature.

b.

The purpose of an appeal court is to determine if the trial judge made an error of law.

c.

It is not the purpose of an appeal court to retry the case or determine if the jury made a mistake in their verdict.

d.

If a party is not satisfied with the decision of the jury, they may appeal that decision to the appeal court which will review the evidence to determine if the jury was correct.

e.

both b and c are correct.

12. What happens at a deposition?

a.

Both c and d are correct.

b.

The administrative agency makes a determination of the issue, however, administrative agency decisions can be appealed to a court.

c.

The attorneys question potential witnesses before a court reporter who records the testimony.

d.

The appeal court reviews the record of the trial and listens to the arguments of the attorneys and decides if the trial judge has made an error.

e.

The parties exchange documents and have the right to copy documents produced by the opposing side.

13. The term 'enforcement of judgement' means...

a.

the beginning of the litigation process in which the parties file the initial pleadings.

b.

the point at which the judge signs the judgment in favor of one party or the other.

c.

the point in the litigation process where the winning party attempts to obtain money from the losing party.

d.

the process through which the parties try to determine the facts of the matter.

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