need help with any of these within 25 mins.

Ms. Lee, a single woman from California, applied for a home loan at American Eagle Bank and her application was denied. The bank is incorporated in the state of Arizona and has its principle place of business in the state of Nevada. Ms. Lee believes the bank discriminated against her and the bank violated the Federal Home Loan Bank Act of 1932. As a result she plans to sue the bank for $50,000 for damages she suffered from this discrimination. If Ms. Lee decides to sue the bank, which of the following is true:

i. The federal court system has exclusive subject matter jurisdiction.

ii. The state court system has exclusive subject matter jurisdiction.

iii. The federal and state court systems have subject matter jurisdiction because of diversity of citizenship.

iv. The federal and state court systems have subject matter jurisdiction.

Ms. Lee, a single woman from California, applied for a home loan at American Eagle Bank and her application was denied. The bank is incorporated in the state of Arizona and has its principle place of business in the state of Nevada. Ms. Lee believes the bank discriminated against her and the bank violated the Federal Home Loan Bank Act of 1932. As a result she plans to sue the bank for $50,000 for damages she suffered from this discrimination. If Ms. Lee decides to sue the bank, which of the following is true:

Only iv

Only iii

Only i

Only ii

The requirement of "minimum contacts" is based on the Equal Protection Clause of the U. S. Constitution.

true or false?

Followers of the Sociological School propose that judges should take which of the following steps when determining law?

"Follow the money" by determining which groups will benefit financially by a particular legal decision

Use an inventory of community interests to familiarize themselves with the community's standards and mores

Reach decisions through strict neutrality, without bias of any kind

Carefully separate morality from law, using only legal precedents to guide decisions

Which of the following is true about in rem jurisdiction?

It is required by state courts, whereas in personam jurisdiction must be obtained in federal courts

It refers to an action brought directly against property

It is established via hand delivery of legal process to the defendant or by use of certified mail

It allows courts in Oklahoma to obtain personal jurisdiction over auto dealerships in New York

Each of the following is an example of the Executive Branch as a source of law EXCEPT for which one?

President Clinton's decision not to support a bill introduced by Congressman Archer replacing the federal income tax with a national sales tax

President Carter's decision to enter into a treaty with the nation of Panama

President Truman's decision to seize the nation's steel mills to prevent a strike

President Johnson's decision to require government contractors to set out an affirmative action plan for the hiring and promotion of minorities and women

Advocates of the Law and Economics School believe which of the following?

Court decisions can be explained as efforts to promote an efficient allocation of resources in society

Lawyers earn substantially more money than they deserve

The legal system is expensive and should be streamlined using modern principles of management efficiency

Precedents can be derived through the application of "trickle down" economics

Ms. Brown purchased a butterfly costume for her five-year-old daughter, Chloe, from a local department store. While dressed in the costume, Chloe attempted to fly out of her bedroom window. Chloe fell two-stories and sustained numerous injuries. Ms. Brown plans to sue the costume manufacturer for negligent failure to warn under Vermont state law. In the lawsuit, Ms. Brown will seek more than $1 million in damages. The costume manufacturer is incorporated and has its principal place of business in Rhode Island. Ms. Brown and her daughter live in Vermont.

Assume for this question only that the costume manufacturer has a warehouse facility in the state of New Hampshire and a manufacturing facility in the state of Vermont. Ms. Brown can sue the costume manufacturer for her daughter's injuries in which state(s)?

Vermont or Rhode Island only

Rhode Island or New Hampshire only

Vermont only

Rhode Island Only

Rhode Island, Vermont, and New Hampshire only

Ms. Brown purchased a butterfly costume for her five-year-old daughter, Chloe, from a local department store. While dressed in the costume, Chloe attempted to fly out of her bedroom window. Chloe fell two-stories and sustained numerous injuries. Ms. Brown plans to sue the costume manufacturer for negligent failure to warn under Vermont state law. In the lawsuit, Ms. Brown will seek more than $1 million in damages. The costume manufacturer is incorporated and has its principal place of business in Rhode Island. Ms. Brown and her daughter live in Vermont.

In which court system(s) can Ms. Brown bring the lawsuit?

Federal Court in Rhode Island only

Federal or State Court in Rhode Island only

State Court in Rhode Island only

State Court in Vermont Only

Federal Court in Vermont only

Which of the following would be most helpful to a disciple of the American Realist School?

A comparison of the Code of Hammurabi with the Ten Commandments

An in-depth biography of the judge scheduled to decide a particular case

The legislative history of a particular law

A quantitative analysis of statistical data about county government expenditures

A judge is trying to determine what the core of a particular dispute is really all about. After reading the papers filed by the attorneys for both sides, the judge determines that the parties are arguing about whether the defendant violated a particular section of the Foreign Corrupt Practices Act. Which of the following BEST characterizes what the judge is doing?

The judge is trying to define the issue

The judge is resolving an ambiguity

The judge is searching for relevant missing information

The judge is weighing conflicting ethical norms

Which of the following statements about critical reasoning is most accurate?

Critical reasoning skills can be utilized in legal and non-legal contexts, but should only be applied by trained lawyers

Critical reasoning skills are designed primarily to aid students in understanding introductory legal concepts

Critical reasoning skills can be applied to a wide range of legal and non-legal problems faced by managers, entrepreneurs, and other business professionals

Critical reasoning skills focus primarily on legal issues, and should not be used by business managers in other contexts

In personam jurisdiction refers to which of the following?

Power to rule in favor of the plaintiff in a civil suit

Power to render a decision affecting the parties before the court

All of the choices

Power to render a decision in a state court, but not a federal court

Power to render a decision in the county where the court is locate

Which of the following BEST describes the activities engaged in by a corporate attorney?

Drafting legal documents

Acting as legal advisor or counselor

Representing business clients in negotiations and litigation

All of the above are activities engaged in by corporate attorneys

Only "Representing business clients in negotiations and litigation" and "Drafting legal documents"

Abel and Baker decide to resolve their dispute without hiring a neutral third party to help. Abel offers $5,000 to Baker to end the dispute and Baker accepts this offer. Which of the following statements is true?

Abel and Baker negotiated a settlement

Abel and Baker conducted a minitrial

Abel and Baker mediated their dispute

None of the choices

Abel arbitrated the dispute and issued an award

Concurrent jurisdiction refers to which of the following?

A case with both in personam jurisdiction and in rem jurisdiction

A case that may be, filed in either the state or federal court system

Personal service using a long-arm statute

None of the choices

A case involving minimal contacts

Which of the following is an intermediate appellate court?

Court of Appeals for the 9^th Circuit

All of the choices

Federal District Court for the Southern District of New York

Traffic Court

The United States Supreme Court

Each of the following is a state trial court of limited jurisdiction EXCEPT for which one?

Traffic Court

Small Claims Court

None of the choices

Divorce Court

Court of Common Pleas

Which of the following correctly states the purpose of voir dire?

To respond to the defendant's interrogatories

To grant or deny a motion to dismiss

To narrow the issues at trial and encourage settlement

To ensure that the jurors are unbiased

None of the choices

Marina Tenant was a university student in Ohio who rented a house from Vicky Landlord, who also lived in Ohio. Upon graduation, Marina moved to Nebraska. Assuming that one party sued the other in connection with the lease for the amount of $1,250 after Marina had moved to Nebraska, which of the following correctly describes the court(s) with jurisdiction over the defendant?

If Vicky sued Marina; there would be personal jurisdiction over Marina in which state(s)?

Nebraska only

The facts provided are not sufficient to determine personal jurisdiction

Nebraska or Ohio

Ohio only

Each of the following states an action that can be taken by an appellate court EXCEPT for which one?

Modify a remedy

Remand a case

None of the choices

Affirm a decision

Conduct voir dire

Which of the following lists four stages of a trial in correct chronological order?

Jury selection, conference on jury selection, plaintiff's case, defendant's case

Conference on jury instructions, jury selection, plaintiff's case, defendant's case

Plaintiff's case, defendant's case, jury selection, conference on jury instructions

Opening statements, plaintiff's case, defendant's case, conference on jury instruction

In the case of Smith vs Brown, defendant's attorney needs to verify that plaintiff actually suffered the injuries he is claiming in his lawsuit against the defendant as part of his damages. To accomplish this goal the attorney should use interrogatories as his method of discovery?

t or f

Megalink, Inc, a corporation, is incorporated in the State of Hawaii with its principal place of business in the State of Florida and its warehouse facilities in the State of Georgia. Sicrofilm, Inc, a corporation, is incorporated in the State of California with its principal place of business in the State of Hawaii. If Sicrofilm, Inc wants to file a lawsuit against Megalink, Inc for a copyright infringement, which of the following state (s) is/are appropriate?

Georgia, Florida, Hawaii

Hawaii, California, Florida

Hawaii

Florida, Georgia

Florida, Hawaii

Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S. Congress and enacted into law. Which of the following is true?

The Colorado constitutional provision will control; the federal statute is invalid

Within Colorado, whichever was passed first will control over the other

The federal statute will control and make the state constitutional provision invalid

In Colorado, the Colorado constitutional provision will control over the statute passed by Congress, but the federal statute will apply in the other 49 states

In the United States, the supreme law of the land includes:

The U.S. Constitution and executive orders issued by the President

The U.S. Constitution and treaties with foreign governments

The statutes passed by Congress only

The U.S. Constitution only

Service of process gives the court in personam jurisdiction over both the plaintiff and the defendant.

t or f

If there is an area of interstate commerce that the federal government has chosen not to regulate, the states can:

Regulate in that area so long as the state law does not unduly burden interstate commerce

Regulate in that area so long as it first gets the requisite approval from Congress

Not regulate in that area because states cannot pass laws affecting interstate commerce

Regulate without restriction in that area

It is important for lawyers and judges to weigh the importance of all missing information and not just focus on relevant missing information.

t pr f

?

Venue is best described by which of the following?

The geographic location of the trial court in which a case may be heard

The first stage of a trial

The process through which each side in a lawsuit gathers information from the opposing side

The process for selecting a jury

Pat is a movie star who has been charged with committing a state law felony in Chicago, Illinois. He was charged with the commission of the crime while he was there for the filming of a movie. There has been considerable nationwide publicity about the crime, and based on the news reports, there seems to be a lot of evidence against Pat. Pat is set to stand trial in Chicago, but is considering requesting a change of venue.

Which of the following is true?

Pat can request a removal from the state court to the federal court because it is his constitutional right.

Pat as a movie star should have the right to have his trial near his home state in the state of his domicile.

This case is an exclusive federal subject matter because the crime Pat committed was a felony.

None of the statements

Pat should be graded a change of venue because he is not domiciled in the State of Illinois and his case has received nationwide publicity.

Which of the following is an argument raised by critics of the Natural Law School?

It requires sophisticated quantitative methodology, relying too heavily upon statistical methods

It is based primarily upon European rather than American legal thinking

It is designed for Communist and Socialist political systems

It is overly subjective in a nation of differing cultures and moral values

A "long-arm statute" permits which of the following?

Extension of the statute of limitations in civil actions

Service of a defendant outside the borders of a state

Transformation of in personam jurisdiction into in rem jurisdiction

None of the choices

Removal of state actions to federal courts

Which of the following is the BEST definition of a "complaint"?

A detailed statement of the basis for the plaintiff's lawsuit

A judicial decision based on precedent

A written statement establishing in personam jurisdiction

A document issued by a court with original jurisdiction

None of the choices

Which of the following BEST describes the attorney-client privilege?

Information furnished in confidence by the attorney to the client may not be revealed by the client without the attorney's permission

Confidential client information may not be divulged in court by an attorney without the judge's permission

Confidential information derived from an attorney may not be divulged by a client without the judge's permission

Information furnished in confidence to one's attorney may not be revealed by the attorney without the client's permission

Two friends, Mary and Dean, are hiking in Colorado. A dog, being walked by its owner Wally, who is from Wyoming, bites Dean, causing injury. Mary wants Dean to sue Wally, but Dean does not want to incur the cost. Which of the following is true?

Mary will have standing only if she files the lawsuit in Wyoming

Mary does not have standing to sue Wally, the owner of the dog

Whether Mary has standing depends on whether Mary files the suit in state or federal court

Mary has standing if Dean consents to Mary filing the suit

None of the choices

Private law generally deals with the relationship of criminal law to the U. S. Constitution.

t or false

Chicago's ban on the use of spray paint has been upheld under the Commerce Clause for which of the following reasons?

Paint sprayed in Chicago has no effect on interstate commerce

Spray paint is not considered to be a "commercial" product for purposes of the Commerce Clause

The state had a legitimate interest in trying to clean up graffiti, and the law did not discriminate against interstate commerce

Banning the use of spray paint is a minor matter that does not raise an issue that rises to the level of a Supreme Court case

Substantive due process differs from procedural due process for which of the following reasons?

Substantive due process looks at the basic fairness of a law's content, whereas procedural due process looks at the basic fairness of a law's enforcement process

Substantive due process applies to commercial speech, whereas procedural due process applies to corporate political speech

Substantive due process is founded on the 6^th Amendment, whereas procedural due process is founded on the 5^th Amendment

Substantive due process refers to fairness, whereas procedural due process refers to the propriety of warrantless searches

Which of the following is a chief tenet of the Positivist School?

Judges should take race and ethnicity into account when making decisions

Judges should avoid negative comments about the parties when reaching decisions

Law and morals are separate; judges should not take morality into account when making decisions

Money is the key to understanding almost every legal decision

Which of the following is true?

In order for the federal government to have power to regulate commerce, the commerce in question must actually cross state lines

Because of the commerce clause, states do not have any power to regulate commerce

The states' police power gives states the power to regulate intrastate and much interstate business within their borders

Although a state cannot regulate interstate commerce within its borders, it has full power to prevent interstate business activities within its borders

Carly and Dina hire a neutral third person to assist them in settling their dispute. This person shuttles back and forth between Carly and Dina, using various methods to persuade them to listen to the concerns of the other party. Finally, the third person succeeds in fashioning a creative compromise settlement. Which of the following terms would best describe this type of Alternative Dispute Resolution (ADR)?

Deposition

Mediation

Arbitration

Private trial

None of the choice

Success in the modern business firm requires critical thinking skills for which of the following reasons?

Managers stand in need of skills that will serve them well in handling ethical issues

Business and industry need managers capable of handling increased competitive pressures

All of the choices

Business firms encounter legal issues that demand thorough and correct analysis

None of the choice

Each of the following is an important difference between criminal law and civil law EXCEPT for which one?

Criminal cases are tried in a state court, whereas civil cases are tried in federal court

None of the choices

The plaintiff in a criminal case is an agency of the government, whereas the plaintiff in a civil case is usually a private entity

The defendant in a criminal case usually faces a fine or prison sentence, whereas the defendant in a civil case is usually being asked to pay money damages to compensate the plaintiff for the losses he or she suffered

A lower standard is used for the burden of proof in a civil case as opposed to the "beyond a reasonable doubt" standard used in criminal cases

Which of the following is true about an arbitrator's decision?

It will be upheld by a court unless there is a clear showing that it is contrary to law or there was a material defect in the arbitration process

It is usually more biased than a judge's decision

It is based upon the interrogatories, depositions, and admissions submitted by the parties prior to trial

It cannot be reviewed by a court, because courts are not involved in Alternative Dispute Resolution (ADR) proceedings

The Supremacy Clause of the U. S. Constitution states which of the following?

T

That the freedoms of speech, press, and religion are the primary freedoms cherished by all Americans

That any state or local law that directly conflicts with a valid federal law is void

That the President is the supreme head of the Executive Branch

That any Treaty, to be effective, must be approved by a two-thirds vote of the Senate