CSUEB AF 2701, Legal Envt. Of Business Section I, Spring 2017 Posted dated: 7 April, 2017 Due Date: Monday, 17 April, 2017 (at the start of class) Instructor: Tod Zuckerman HW#2 Instructions: 1. Evidence that can be touched is: a. b. c. d. 2. Please use a Scantron-card (version 882(e). For true and yes answers, choose A. For false and no answers, please use B. physical evidence. tangible evidence. sometimes referred to as demonstrative evidence. All of the above. Oral evidence is sometimes called: a. b. c. d. verbal evidence. testimonial evidence. mouth evidence (a) and (b) 3. 4. Hearsay is admissible absent any exception. T/F Exceptions to the hearsay rule are based on a lack of trustworthiness/reliability. T/F 5. Privilege exists for which of the following relationships? a. b. c. d. e. Parent-child Teacher-student Employer-employee Husband-wife More than one of the above choices are correct. 6. Under the Fourth Amendment to the U.S. Constitution, a person can refuse to testify based on the danger of self-incrimination. T/F 7. Henry Jones and his wife, Delores Jones, are about to meet their accountant for 2016 income tax preparation. They are in the elevator of the accountant's office building, when, suddenly, Henry asks his wife, \"Do you want to smoke some great pot? Here, smoke this.\" Then, he gives his wife a marijuana cigarette. Unknown to Henry, the other person in the elevator is an off-duty cop - the cop arrests Henry before Delores has a chance to smoke the marijuana cigarette. 1 Will Henry's statement to his wife in the elevator be admissible against Henry? Y/N 8. Who decides intermediate appellate court cases? a. b. c. d. 9. Three- person panel of justices/judges. Five- person panel of justices/judges. Seven- person panel of justices/judges. Nine- person panel of justices/judges. A public official, appointed/elected to represent the state in criminal cases in a particular judicial district: a. b. c. d. 10. District attorney. City attorney. United States attorney. Solicitor General A serious crime, usually punishable by imprisonment for more than one year or by death: a. b. c. d. 11. Infraction Felony Misdemeanor None of the above. A prior case that resulted in an officially published written appellate court opinion. a. P b. D c. S d. F e. N 2 12. The official report of the proceedings in a case, including the filed papers, or verbatim transcript of the trial, and exhibits: a. b. c. d. 13. A defense barring the same parties from litigating (a) a second lawsuit on the same claim, or (b) any other claim arising from the same transaction or series of transactions that could have been - but was not - raised in the first lawsuit. a. b. c. d. 14. 16. a. Transcript b. Record c. Log d. Docket To agree with the judgment of the case, or the opinion of another judge, but for different reasons or through a different line of reasoning: Dissent Affirm Concur Adopt A legal principle that is widely adhered to: a. b. c. d. 18. Due process clause Ex post-facto clause Retroactive clause Double jeopardy clause The official record of proceedings in a trial/deposition/hearing, as taken down by a court reporter: a. b. c. d. 17. Res judicata Claim elimination Double jeopardy Summary judgment The provision found in the Fifth Amendment to the U.S. Constitution which bars an individual from being criminally prosecuted/sentenced twice for substantially the same offense: a. b. c. d. 15. Official transcript Record Procedural history Trial report Precedent Stare decisis Doctrine Opinion A defendant's assertion of the facts and arguments that - if true - will defeat the plaintiff's claim (in whole, or in part), even if all the allegations in the complaint are true: a. Affirmative defense 3 b. c. d. 19. Evidence concerning the fact in issue that is not given by eyewitness testimony - that is, evidence based on inference, and not personal observation: a. b. c. d. 20. Circumstantial evidence Direct evidence Forensic evidence Best evidence The trial court's schedule of pending cases set for trial a. b. c. d. 21. Equitable defense Meritorious defense Peremptory defense Docket Calendar Diary Chronology A witness qualified by knowledge, skill, experience, training, or education to provide a scientific, technical, or other specialized opinion about the evidence on a fact issue: a. b. c. d. Material witness Competent witness Qualified witness Expert witness 4 22. A formal document in which a party to a lawsuit sets forth or responds to allegations, claims, denials, or defenses: a. b. c. d. 23. A party's production of enough evidence to permit the factfinder (judge or jury) to infer the fact at issue and rule in the party's favor: a. b. c. d. e. 24. 27. Shut down Rest Stay Hold An expression meaning \"under dispute\" or \"in question\": a. b. c. d. e. 26. Valid case Rebuttable case Conclusive case Persuasive case Prima facie case The postponement/halting of a proceeding: a. b. c. d. 25. Brief Memorandum of law Pleading Interrogatory At issue In issue No issue The beef (a) and (b) (they have the same meaning) A judicial session - typically (but not always), open to the public - and held for the purpose of deciding issues of fact or of law, sometimes with witnesses present: a. Appeal b. Trial c. Hearing d. Adjudicatory setting A notice, recorded in the chain of title to real property, to warn all persons that certain property is the subject matter of litigation, and that any interests acquired during the pendency of the suit are subject to its outcome: a. b. c. d. Notice of complex lawsuit Recordation of lawsuit Warning of lawsuit Lis pendens 28. Although discovery typically comes from parties, courts also permit limited discovery from non-parties. 29. 5 of the following: The primary discovery devices include which T F a. b. c. d. e. 30. A court's power to bring a person into its adjudicative process - that is, a court's power over a defendant's personal rights: a. b. c. d. 31. Depositions Requests for admission Requests for production Interrogatories All of the above In rem jurisdiction Quasi-in rem jurisdiction General jurisdiction In personam (personal) jurisdiction Rules governing the practice/procedure in a particular court: a. b. c. d. Codes Statutes Rules of court Dicta 6 32. A legal right/interest that a creditor has in someone else's property - it lasts usually until a debt that it secures is satisfied: a. b. c. d. 33. A basis for federal court jurisdiction that exists when (a) a case is between citizens of different states, or between a citizen of a state and a citizen of a foreign country, and (b) the matter in controversy exceeds a specific monetary sum (currently $75,000): a. b. c. d. 34. Unlucky dude Third-party plaintiff Third-party defendant Cross-defendant A party's request that the court enter a judgment in its favor despite the jury's contrary verdict because there was no legally sufficient evidentiary basis for the jury to find for the other party: a. b. c. d. 36. Diversity of citizenship Federal question Exclusive jurisdiction Concurrent jurisdiction A party brought into a lawsuit by the original defendant: a. b. c. d. 35. Marker Lien Lis pendens Adjudicatory interest Motion for judgment on the pleadings Motion for directed verdict Motion for judgment notwithstanding the verdict Motion for new trial In federal court, the plaintiff's response to the defendant's counterclaim: a. b. c. d. Response Reply Answer Complaint 7 37. The proper place for a lawsuit to proceed because the place has some connection either with the events that gave rise to the lawsuit, or with the plaintiff or defendant: a. b. c. d. 38. The process of carrying on a lawsuit: a. b. c. d. 39. Adjudication Litigation Court resolution Law of the jungle A person empowered by a state to administer oaths, certify documents, attest to the authenticity of signatures, etc.: a. b. c. d. 40. Jurisdiction In rem jurisdiction Subject matter jurisdiction Venue Court clerk Magistrate Commissioner Notary public A coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person - especially, a defendant's act of taking part in a lawsuit: a. b. c. d. An appearance An intervention An answer A legal action 41. Sometimes, state courts have jurisdiction over cases concerning federal questions. T/F 42. A paralegal may not legally engage in any task performed by an attorney, even if the paralegal works under an attorney's supervision. T/F 43. Paralegals always perform a small, narrow variety of duties, but have advanced skill in these areas. T/F 44. Generally, the titles legal assistant and paralegal refer to different professions. T/F 45. Legal secretaries perform relatively menial duties in a law office. T/F 46. 47. The vast majority of paralegals offer their services directly to the public.T/F The pleading that initiates litigation is called the: a. b. Answer Reply 8 c. d. 48. 49. The document that informs the defendant that she is being sued, and that she has a specific amount of time to respond: a. Complaint b. Writ c. Retainer d. Summons An agreement to end the litigation for an agreed upon sum of money is called: a. b. c. d. 50. Expert witness Master Referee Arbitrator Mediator When the trial judge adds to the amount a jury has awarded: a. b. c. d. 54. Complaint Summons Subpoena Answer A person whom the court has qualified to have experience and knowledge in a specific area, and who will be allowed to testify concerning his/her area of knowledge: a.. b.. c. d. e. 53. Preponderance of the evidence. Clear and convincing evidence. Beyond a reasonable doubt. Burden of proof. The document issued under a court's authority to compel a witness's appearance at a trial or deposition: a. b. c. d. 52. Plea bargain Resolution Stipulation Settlement agreement The degree to which something must be proved at trial is called: a. b. c. d. 51. Writ Complaint Remittitur Additur Motion for judgment NOV Motion for directed verdict The party initiating an appeal: a. b. Respondent Appellee 9 c. d. e. 55. Plaintiff Defendant Appellant The doctrine stating that a case decided on its merits may not be relitigated: a. b. c. d. 56. Peculiar risk Joint and several liability Res judicata Voir dire When the appellate court agrees with the trial court's decision: a. b. c. d. 57. Remand Affirm Concur Endorse A second chance to present arguments to the same court on the same issues: a. b. c. d. 58. A second bite at the apple A lucky break Reconsideration Appeal A juror whom the other jurors elect to lead deliberations and speak for the jury: a. b. c. d. 59. Leader Decider Foreperson Referee Which of the following are elements of competency? a. b. c. d. e. Understanding the duty to tell the truth Ability to communicate Knowledge of the topic of the testimony Truthfulness (a)-(d) are all elements of competency (a)-(c) are all elements of competency. f. 60. Elementization means breaking down a rule/regulation/statute/cause of action, etc. into parts that we call elements and applying each element to the facts. If a majority of elements are present in the particular scenario, then that particular rule/regulations/statute/cause of action applies to the scenario. a. T b. F 10 61. A request that the court take a specific procedural step: a. b. c. d. e. Motion Submission Entreaty Petition Writ 11 62. The process of asking a court of law to decide the outcome of a dispute: a. b. c. d. 63. Ted is charged with bank robbery. A witness at the scene wants to testify that Ted was in the bank on the day in question. As it relates to the robbery, what kind of evidence would the witness' testimony be? a. b. 64. Jurisdiction Arbitration Mediation Litigation Direct Circumstantial Thelma is in very hot water. Police discovered her fingerprints on the handle of a kitchen knife found in the back of her dead boyfriend, Dexter. Thelma claims innocence - what type of evidence are the fingerprints as to the murder? a. b. Direct Circumstantial 65. A privilege allows the holder of the privilege to refuse to testify, but does not empower the holder of the privilege from preventing someone else from testifying in court about the privileged communication. 66. Lucas was walking down the street when his girlfriend, Claudette, ran up to him and said, \"Lester just tried to attack me!\" Lester is being tried for attempted rape, and the prosecution wants Claudette to testify about her statement to Lucas. 67. 68. 69. Is it hearsay? Yes No Is it admissible Yes No T F Louise has been charged with armed robbery. Her attorneys wish to enter into evidence attendance from CSUEB (where she was studying to be an accountant), which they claim will prove that Louise was in class when the robbery was committed. Is it hearsay? Yes No Is it admissible Yes No Is it hearsay? Yes No Is it admissible Yes No The major difference between a legal secretary and a paralegal is that the former's duties are, basically, clerical, while a paralegal may be asked to perform tasks that call for specialized judgment and skills that most legal 12 secretaries do not possess. T F 70. Circumstantial evidence is evidence of one fact requiring an inference to establish another fact. T F 71. All state and federal courts recognize some form of the hearsay rule. T F 72. ________________________________means breaking a rule into parts, then applying each part individually to a legal issue. 73. Is material that an attorney or her staff prepares in anticipation of litigation discoverable? Y N 74. Although an attorney may represent someone who has committed a crime, the attorney may not - except in certain limited situations - counsel the client to engage in criminal conduct. T F 75. Identify the secondary authority below. a. Constitutions b. Statutes c. Officially published appellate court opinions d. Executive orders e. Legal encyclopedias 76. a. The attorney-client privilege ends with the client's death. T F 77. The attorney-client privilege does not extend to paralegals. T F 78. You should almost never perform an unethical order - the exception being if your job depends on it, and you really need the job. T F 79. You are litigating a case in the Virginia state trial court (what Virginia calls its circuit court). Your attorney has found a relevant case from the Virginia supreme Court. This case is a. Primary and mandatory authority. b. Primary and persuasive authority. c. Secondary authority d. Non-authority. 80. 81. Is it hearsay? Yes No Is it admissible Yes No Jason, a 1980 graduate of Lincoln High School of San Jose, was attending his 30- year school anniversary celebration. He was sitting by himself at the bar (the celebration was held at a restaurant). Suddenly, Carol, another 1980 Lincoln graduate, said, in a booming voice, \"Hey, look at Jason sitting all by himself. No wonder, he just got fired for stealing from his employer. He is the same creepy thief that he was in high school.\" Now, Jason wants to sue Carol for the intentional infliction of emotional distress. Jason's attorney wants Carol to testify. 13 Is it hearsay? 82. Yes No To present a motion to the court: a. b. c. d. 84. No Same facts as in #81 above, except Jason's attorney wants Jason to testify. Is it hearsay? 83. Yes Request Supply Set forth Move If all facts alleged by the plaintiff are eventually proved true at trial, the plaintiff deserves to be awarded damages: a. b. c. d. Good case Very strong case Prima facie case Open and shut case 14 85. The prosecution's burden of proof at a criminal trial: a. b. c. d. Clear and convincing Beyond a reasonable doubt Preponderance of the evidence Burden of proof . . 86. A proceeding in court, where the judge and both parties are present: a. b. c. d. 87. An arbitrator is: a. b. c. d. 88. Hearing Settlement Conference Mediation Arbitration A conciliator A messenger A decider Always an attorney This pleading is the defendant's usual response to the complaint in both the federal court system and the state court systems: a. b. c. d. Sur- Complaint Answer Sur-reply Reply 15 89. Jurisdiction over a person: a. b. c. d. In personam jurisdiction Subject matter jurisdiction Quasi-in-rem jurisdiction In rem jurisdiction 90. Suits filed after the statute of limitations has run out will be dismissed. T/F 91. The place of trial; the physical location: a. b. c. d. Subject matter jurisdiction Personal jurisdiction Venue Judicial location 92. Zuckerman is in a "world of hurt." He is being charged with the robbery of a Bank of America branch in Hayward. The prosecution wants Darlene to testify. Darlene is prepared to testify that Zuckerman was - about four hours before the robbery - in the bank and that he was "looking at everybody working for the bank. " Darlene wants to explain to the jury that Zuckerman "appeared to be casing the bank." As it concerns the robbery, Darlene's testimony would be: a. Direct b. Circumstantial 93. David is being prosecuted for rape. David's semen was found inside the alleged victim's vagina. Regarding the alleged rape, the semen would be ______ evidence. a. Direct b. Circumstantial 94. A single piece of evidence can be direct regarding one question, and circumstantial concerning another question. T/F 95. U.S. Superior Courts are the trial courts where federal legal actions start. T/F 96. In criminal cases, the trial judge cannot overturn a jury's finding of not guilty, but the court may overturn a guilty verdict. T/F 97.A dissenting opinion is an opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons. T/F 98. You are case has been accepted for review by the California Supreme Court. Your attorney has found relevant authority - a case from the California Court of Appeals. This case is: 16 a. Primary and mandatory authority. b. Primary and persuasive authority. c. Secondary authority. d. Non-authority. 99. You are litigating a case in the Alabama intermediate appellate court. The case your attorney is relying on is from the New Mexico Supreme Court. It is relevant. This case is: a. Primary and mandatory authority. b. Primary and persuasive authority. c. Secondary authority. d. Non-authority. 100. Your case is in the U.S. Supreme Court. Your attorney is using a relevant case that the U.S. Supreme Court decided just one-year earlier. This case is: a. Primary and mandatory authority. b. Primary and persuasive authority. c. Secondary authority. d. Non-authority. 17