31. Interrogatories:

Group of answer choices

are used to demonstrate to the jury that a person is untruthful.

are a set of written questions from one party to the other before a trial to preserve testimony or impeach a witness.

are a set of written questions used by attorneys to gather information from their clients.

are a set of written questions from one party to a non-party before a trial to preserve testimony or impeach a witness.

34. There are a number of factors that a potential party should consider before deciding whether to initiate any lawsuit or agree to otherwise settle a dispute. Some of the more important factors include all of the following, except:

Group of answer choices

The stress and emotional toll that the lawsuit will take on the parties and those involved.

The predictability of the justice system in determining the likely outcome of winning a case.

The amount of money a party might win (or lose) may determine whether he or she wants to proceed with a trial or seek a settlement.

The ability of the other party to pay any judgment might make suing a waste of time and money or may make suing seem like the best alternative available.

The effect on the continuing relationship between parties to the suit.

35. ____________________ means that when a court issues a final judgment, the subject matter of that lawsuit is finally decided between the parties to the suit.

36. ___________ means that the appellate court found error in the trial court's actions and is sending the case back to the trial court to correct the error.

37. The first stage of litigation is:

Group of answer choices

pretrial.

trial.

pleading.

discovery.

38. The major difference between mediation and negotiation is that:

Group of answer choices

mediation is mandatory in cases before officially filing the lawsuit.

mediation includes an unbiased third party.

negotiation is mandatory in all cases before officially filing the lawsuit.

negotiation includes an unbiased third party.

39. Jurors are selected through a process known as ____________.

40. The simplest form of ADR is:

Group of answer choices

mediation.

early neutral evaluation.

negotiation.

arbitration.

41. Which statement best describes the extraterritorial application of U.S. antitrust laws?

Group of answer choices

U.S. antitrust laws do not have extraterritorial application.

U.S. antitrust laws have extraterritorial application, but U.S. courts have not been in full agreement about how far jurisdiction should extend.

U.S. antitrust laws have extraterritorial application if the defendant has its principal offices in the United States.

U.S. antitrust laws have extraterritorial application only if there is a global trade agreement in place.

42. Gigglethorpe Co., whose principal office is in the United States, paid money to Snarf, an official in a foreign country. In which of the following cases is Gigglethorpe least likely to be found to have violated the Foreign Corrupt Practices Act?

Group of answer choices

The money was paid with the intent to corrupt Snarf.

The money was paid in order to have Snarf do something he would not have normally been obligated to do.

The money was paid in order to get Snarf to do his normal job more quickly and efficiently than he was already performing.

The money was paid in order to influence Snarf to make a choice, among the options open to him, that would be favorable to Gigglethorpe.

43. Imagine that the government of Saudi Arabia operates its own airline. The airline is run as a business and it makes a profit. Now imagine that the airline defaults on several loans made to it by U.S. banks. If the U.S. banks sue the Saudi government for the loan default, is the doctrine of sovereign immunity likely to prevent the U.S. courts from hearing the case?

Group of answer choices

Yes, because nations cannot be sued unless they have voluntarily given up their immunity.

No, because the government was engaged in a commercial, rather than political activity.

Yes, because the government was engaged in a commercial, rather than political activity.

No, because sovereign immunity merely prevents citizens of a country from suing their own government; it does not prevent residents of other countries from suing that government.

44. Mai Phoung, a U.S. citizen, wants to sue the government of China for breach of contract. She would like to sue China in the International Court of Justice. What, if any, obstacles stand in the way of this suit?

Group of answer choices

Mai Phoung cannot sue by herself; she must convince the U.S. government to present the claim.

If the government of China does not agree to be bound by the court's decision, then the court will have no jurisdiction to hear the claim.

The International Court of Justice does not hear contract claims.

(a) and (b).

(a), (b), and (c).

45. FCPA stands for ____________________________________.

46. Under the supremacy clause, if a state and a federal law regulate the same subject matter, the state law will automatically be preempted.

Group of answer choices

True

False

47. The equal protection clause applies to governmental and private actions.

Group of answer choices

True

False

48. The compelling state interest/strict scrutiny test is used by the court to determine the constitutionality of government classifications based on race or a governmental action that unduly burdens a fundamental right.

Group of answer choices

True

False

49. Administrative regulations are generally not subject to judicial review.

Group of answer choices

True

False

50. Under an Equal Protection analysis, courts classify gender as a "suspect class."

Group of answer choices

True

False