just for practice to see if ihave it right

QUESTION 9

Bad Frog Beer has a label which shows a frog "giving the finger". New York State wants to enact a law which would prohibit the sale of this beer, even in a bar. This type of speech is:

	a.	Symbolic political speech which is fully protected under the Constitution
	b.	Commercial speech but would be protected under the constitution because the law is too restrictive as to time, place and manner
	c.	Religious speech which is not protected under the Constitution
	d.	Obscene speech which can always be restricted by State government

2 points

QUESTION 10

In a valid written contract, Kathy hires Beyonce to sing at her wedding. Beyonce tells Kathy she is not going to perform because she will be out of the country. Kathy can successfully sue Beyonce for:

	a.	Specific Performance
	b.	Money Damages
	c.	Punitive Damages
	d.	Both A & B

2 points

QUESTION 11

When two courts have the ability to hear the same type of case, it is called:

	a.	Exclusive Jurisdiction
	b.	In Rem Jurisdiction
	c.	Concurrent Jurisdiction
	d.	Personal Jurisdiction

2 points

QUESTION 12

The party against whom a lawsuit is brought is the Plaintiff or petitioner.

True

False

2 points

QUESTION 13

In a CivilTort action such as a car accident the Plaintiff can:

	a.	Collect money Damages for actual injury
	b.	Have the Defendant sent to jail
	c.	Ask the court to send the Defendant to anger management courses
	d.	All of the above

2 points

QUESTION 14

A law that discriminates based on gender may be constitutional under the equal protection clauseif it substantially relates to an important government objective

True

False

2 points

QUESTION 15

Jurisdiction over someone in another state who transacts business in New York is called:

	a.	Exclusive Jurisdiction
	b.	In Rem Jurisdiction
	c.	Long Arm Jurisdiction
	d.	Concurrent Jurisdiction

2 points

QUESTION 16

Under the Constitution, the legislative branch of government

	a.	Administers the law
	b.	Enforces the law
	c.	Interprets the law
	d.	Makes/Enacts the laws

2 points

QUESTION 17

Case Law is the basis for legal precedent

True

False

2 points

QUESTION 18

Mountain States Trucking sues Open Pit Mining Corp. to collect payment of an unpaid bill.Open Pit want to counter sue Mountain State for money damages because they did not tranportthe materials properly. This is called:

	a.	a counterclaim..
	b.	an affirmative defense
	c.	a motion to dismiss
	d.	a motion for summary judgement

2 points

QUESTION 19

If a party wants to appeal his case to the United States Supreme Court his must first get:

	a.	A Writ of Certiorari
	b.	An E.B.T.
	c.	A written Interrogatory from the Chief Justice
	d.	A License to Appeal from the Chief Justice

2 points

QUESTION 20

If Beyoncesigns a contract agreeing to sing at your wedding, and she changes her mind after signing,a court can enter a decree of specific performance to order her to perform.

True

False

2 points

QUESTION 21

A-Rod is suspended from playing baseball for the season based on an arbitrator's award.A-Rod can appeal to a Court:

	a.	For any reason
	b.	If the arbitrator was biased or committed fraud
	c.	The Arbitrator exceeded his or her powers
	d.	b or c

2 points

QUESTION 22

Johnson burned the American Flag in protest of the government in violation of state law. This type of speech is:

	a.	Symbolic political speech which is fully protected under the Contituiton
	b.	Symbolic politicalspeech which is fully protected under state law
	c.	Religious speech which is not protected under the contitituion
	d.	An advertisement which is not protected under the Constitution

2 points

QUESTION 23

Aunt Sally dies and leaves a will. Her nephew will inherit all the money. He will probate the will in which court:

	a.	New York Court of Claims
	b.	New York Surrogate's Court
	c.	New York Supreme Court
	d.	New York Court of Appeals

2 points

QUESTION 24

Mark, a Nassau County Resident has a car accident with Rich at NCC. Mark can sue in Federal Court if:

	a.	Mark sues Rich for $7,000.
	b.	Mark sues Rich for $80,000
	c.	Rich is a resident of Oregon
	d.	Both b &c

2 points

QUESTION 25

Arbitration is never binding on the parties, it is only a suggested resolution.

True

False

2 points

QUESTION 26

The Judicial branch of government has the final say on what laws are constitutional.

True

False

2 points

QUESTION 27

James enters into a written signed contract to purchase a house form Mitchell.Mitchell tells James he changed his mind and does not want to go through with the contract. James can as the court for specific performance and Mitchell will be forced to sell the house to James.

True

False

2 points

QUESTION 28

In the Citation 323 NYS 2d54, the number "54" represents the:

	a.	Page Number of the case
	b.	The number of plaintiffs
	c.	The volume number of the reporter
	d.	The year "1954"which is the year the case was decided

2 points

QUESTION 29

Statutes are written laws created by Congress or the State Legislature.

True

False

2 points

QUESTION 30

The highest court in New York State is:

	a.	The New York StateSupreme Court
	b.	The New York State Court of Appeals
	c.	The Appellate Divison
	d.	District Court

2 points

QUESTION 31

Judge Judy is deciding a case on child custody in Supreme Court. The mother is seeking child support and the facts of her case are similar to a previous case called Davis v. Davis. Judge Judy relies on the Davis case in her decision in the current case. This is called:

	a.	Relying on a Writ of Certiorari
	b.	Relying on Common Sense
	c.	Relying on Specific Performance
	d.	Relying on Legal Precedent

2 points

QUESTION 32

Deborah is a resident of Brooklyn. She wants to sue John a resident of Nassau for a car accident case in Brooklyn. She would bring the case in:

	a.	New York State Court of Claims
	b.	New York Surrogate's Court
	c.	Kings County Supreme Court
	d.	Richmond County Supreme Court

2 points

QUESTION 33

Under the supremacy clause,a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.

True

False

2 points

QUESTION 34

In a car accident case the lawyer for the defendant wants to ask questions of a witness before the trial in person in front of his lawyer and a court reporter.

	a.	Interrogatories
	b.	An examination before trial or a deposition
	c.	Stare Decisis
	d.	A pretrial conference

2 points

QUESTION 35

The First Amendment protects commercial speech more extensively than political speech.

True

False

2 points

QUESTION 36

The lawyer for the Defendant wants to send the Plaintiff written questions to answer. This referred to as:

	a.	An examination before trial
	b.	Interrogatories
	c.	Both a & b
	d.	A Deposition

2 points

QUESTION 37

Martin who lives in Nassau County wants to sue Jen who lives in Suffolk County for Personal Injury he sustained in a car accident in Manhattan. He may choose to bring the case in any of these counties under the rules of:

	a.	Venue
	b.	Injunctions
	c.	Stare Decisis
	d.	Federal Diversity

2 points

QUESTION 38

The substantive law that states it is illegal to text and drive is a state statute.

True

False

2 points

QUESTION 39

Isabel and Josh engage in a business transaction that leads to a dispute.Isabel initiates a lawsuit against Josh by filing a complaint.The sheriff serves Josh with a summons. If Josh chooses to ignore it:

	a.	Isabel must file an amended complaint.
	b.	Josh will have a judgment entered in his favor.
	c.	Josh must be served with a second summons.
	d.	Isabel will have a default judgment entered in her favor.

2 points

QUESTION 40

Under the U.S.Commerce clause, the Federal government make laws that can control activity:

	a.	Thataffects foreign commerce
	b.	That involves any type of illegalIntra-state commerce (within the state)
	c.	That involves intra-state commerce if it impacts the flow of commerce between the states
	d.	None of the above

2 points

QUESTION 41

A reviewing court may reverse a trial court's judgementonly in a case in which the plaintiff lost.

True

False

2 points

QUESTION 42

Beyonce wants to divorce Jay-Z. In which court would she file for divorce?

	a.	New York Family Court
	b.	New York Supreme Court
	c.	U.S.District Court Southern District
	d.	New York Court of Appeals

2 points

QUESTION 43

Sally was Jaywalking, in Garden City, against the light.She was struck by Jay's motorcycle. She wants to sue Jay for four thousand dollars ($4,000.00).In which court would she file her action:

	a.	Nassau County Supreme Court
	b.	Nassau County District Court-Small Claims Part
	c.	Nassau County Surrogate's Court
	d.	Nassau County Family Court

2 points

QUESTION 44

In order to start a lawsuit in court you must purchase a writ of certiorari.

True

False

2 points

QUESTION 45

Mike a resident of Nassau County started a lawsuit in Nassau Supreme Court.If he looses he would appeal to:

	A.	New York State Court of Appeals
	B.	U.S.Circuit Court of Appeals 2ndcircuit
	C.	Appelllate Divison2ndDepartment
	D.	New York State Court of Claims

2 points

QUESTION 46

Huaa resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a residenctof Kentucky. Jacfiles a suit against Huain Indiana. Regardingthis suit, anIndiana court has:

	a.	federal jusisdiction
	b.	in remjurisdiction
	c.	in personamjurisdiction
	d.	nojuridiction

2 points

QUESTION 47

A law that prohibits or inhibits a person from exercising a fundamental right because of theirnational origin or religion will be subject to "strict scrutiny" under the equal protection clause.

True

False

2 points

QUESTION 48

You cannot be tried for the same crime or act in both civil court and criminal court.

True

False

2 points

QUESTION 49

Jim keeps dumping his trash on John's lawn. John wants his to stop. He would ask the court to issue:

	a.	A Stare Decisis
	b.	A Writ of Certiorari
	c.	An injunction
	d.	None of the above as a court can only award money damages

2 points

QUESTION 50

The lowest court (trial court) on the Federal level is:

	a.	U.S. Circuit Court of Appeals
	b.	TheU.S.Supreme Court
	c.	The U.S. Surrogate's Court
	d.	The U.S.District Court