Plaintiff files a lawsuit against Defendant. In response, Defendant denies Plaintiff's allegations, and in addition sets forth her own claim against Plaintiff. This is a(n)___________________.

irrelevant response

consolidation

deposition

counterclaim

Plaintiff files a lawsuit against Defendant. After being served with the complaint and summons, Defendant ignores it and does nothing. What is the likely result?

Plaintiff will have a default judgment entered in her favor.

Plaintiff will have to file another complaint against Defendant and serve it again.

Defendant will win the case.

The case will go to a jury trial immediately.

Forms of discovery include all but which one of the following?

interrogatories

requests for admission

depositions

voir dire

A(n) ______________________ asks the court to dismiss the case for the reasons stated in the motion.

motion to compel discovery

motion to dismiss

affirmative defense motion

motion to continue the case

A(n) _____________________ is a form of discovery where a party to the lawsuit or witness gives sworn testimony, recorded by an authorized court official.

request for documents

request for admissions

interrogatories

deposition

Which amendment to the U.S. Constitution guarantees the right to a jury trial in federal court?

Seventh Amendment

Fourth Amendment

Fifth Amendment

First Amendment

The jury selection process is known as ______________________.

voir dire

opening statements

cross examination

direct examination

In a trial, who presents their case first?

appellee

appellant

defendant

plaintiff

What determines whether evidence will be admitted in court?

the rules of evidence

whatever the parties decide

everything is admissible in court

only hearsay evidence is admissible

In most civil cases, the standard of proof for plaintiff to prove her case is ______________________________.

beyond a reasonable doubt

beyond all doubt

a preponderance of the evidence

as best the jury can determine

A court of appeals __________________________________.

questions all of the witnesses who appeared at the trial

conducts a new trial

reviews only the photographs admitted into evidence at trial

reviews the record for errors of law

State regulatory powers are often referred to as ________________________.

supremacy clause

full faith and credit clause

police powers

federalism

The _______________________ clause of the U.S. Constitution prevents states from imposing unreasonable burdens on citizens of other states, especially regarding means of livelihood or doing business.

privileges and immunities

supremacy

commerce

federalism

The commerce clause of the U.S. Constitution gives the federal government the power to regulate commerce that:

actually crosses state lines only

involves speech or religion

substantially affects commerce involving more than one state

the states have chosen not to regulate

Under the ________________, the U.S. Supreme Court decided that Congress has the authority to prohibit the intrastate (within one state) possession and noncommercial cultivation of marijuana as part of the Controlled Substances Act.

federalism

commerce clause

privileges and immunities clause

full faith and credit clause

Under the ______________________, federal law takes precedence over state or local law.

Bill of Rights

supremacy clause

equal protection clause

due process clause

In relation to freedom of speech under the U.S. Constitution, which of the following statements is TRUE?

Obscene speech is fully protected.

Some speech is not protected.

All speech receives the same degree of protection.

All speech receives the same degree of protection.

The ________________________ clause prohibits the government from establishing a state-sponsored religion.

due process

establishment

commerce

privileges and immunities

Joe wears a t-shirt that has a picture of the current U.S. president. Below this picture, there are words stating that the president is doing a bad job of running the country. Under the First Amendment of the U.S. Constitution, which of the following statements is TRUE?

Wearing the t-shirt is an example of commercial speech that receives some protection.

Joe is likely to be arrested and serve time in prison for wearing the t-shirt, because it violates the First Amendment.

Criticizing the president is fully protected speech, and Joe cannot be prosecuted.

Joe may not wear the t-shirt because it violates the privileges and immunities clause.

Which Amendment to the U.S. Constitution imposes a requirement that usually a warrant is required for a search or seizure?

First Amendment

Fifth Amendment

Fourth Amendment

Seventh Amendment

A California statute imposes a large fine, without a trial, on all street entertainers who operate in Los Angeles County. A court would likely strike down this statute under the principals of:

free exercise of religion

procedural due process

the commerce clause

the supremacy clause

Under the _________________________ clause, the government cannot enact laws that treat similarly situated individuals differently.

supremacy

equal protection

federalism

commerce

A government agency provides six months of maternity leave to its female employees and only two weeks of paternity leave for its male employees. If an employee challenges this policy under the equal protection clause of the U.S. Constitution, which test is used to examine this policy?

Limited basis scrutiny

Intermediate scrutiny

Rational basis scrutiny

Strict scrutiny

1. Which Amendment to the U.S. Constitution guarantees that no person "shall be compelled in any criminal case to be a witness against himself' (no self-incrimination)?

Fifth Amendment

Seventh Amendment

First Amendment

Fourth Amendment