3. Which of the following is a federal court?

A. Bankruptcy court

B. State appeals courts

C. State supreme court

D. Small claims court

7. In the race to the Courthouse to file a lawsuit, the person who comes in second is called the:

A. Plaintiff

B. Respondent

C. Defendant

D. Deponent

E. "Sewer"

10. A motion for _____________ _____________ asserts that a judge, not a jury, should apply the relevant law to the undisputed facts.

A. Inclusive judgment

B. Settlement conference

C. Pretrial judgment

D. Summary judgment

32.Another term for proximate cause is ___________ cause.

A.legal.

B.appropriate.

C.disparaging.

D.negligent.

34.A tort in which the violation of a law constitutes the breach of the duty of care is called negligence

A.in personam.

B.per se.

C.in loquitur.

D.per diem.

38.Brown vs. Board of Education of Topeka

A.established that the separate but equal doctrine was Constitutional.

B.was the last case wherein the US Supreme Court approved of the government treating similarly

situated differently based on race, religion, national origin and creed.

C.proves that law evolves to reflect social conditions.

D.is proof that law is static and not subject to change.

43.Which of the following isnotrequired to establish negligenceper se

A.violation of a statute.

B.defendant intentionally violated the statute.

C.plaintiff was within the class of persons to be protected by the statute.

D.the statute was enacted to prevent the type of injury suffered.

49.After being acquitted of the State charges Dastardly is prosecuted in Federal court for bank robbery.What legal doctrine is implicated when a criminal suspect is prosecuted in two different jurisdictions?

a.Fourth Amendment - protection against unreasonable search and seizure.

b.Fifth Amendment - Separate Sovereign Rule.

c.Fifth Amendment - protection against self-incrimination.

d.Sixth Amendment - right to a speedy trial.

e.B and D