Question
QUESTION 1 Common Law is: A. Statutory Law B. Not applicable in the United States C. Judge made law D. All of the above 5
QUESTION 1
Common Law is:
A. | Statutory Law | |
B. | Not applicable in the United States | |
C. | Judge made law | |
D. | All of the above |
5 points
QUESTION 2
Precedent:
A. | Provides consistency in judicial rulings | |
B. | Avoids the prejudices of individual judges | |
C. | Improves the ability of business to plan decisions in conformity with the law | |
D. | All of the above |
5 points
QUESTION 3
Which of the following is TRUE regarding jurisdiction:
A. | In order to have valid jurisdiction, a court must have both subject matter and personal jurisdiction | |
B. | Long Arm Statutes allow State courts to acquire personal jurisdiction over out of state defendants transacting business in their State | |
C. | In diversity jurisdiction cases, there must be more than $75,000 at stake in the case | |
D. | All of the above |
5 points
QUESTION 4
The American judicial system is an ____________system of justice
A. | Inquisitorial | |
B. | Adversarial | |
C. | Interrogational | |
D. | Institutional |
5 points
QUESTION 5
The plaintiff's initial document, which alleges the factual basis of jurisdiction, the legal claim and the remedy sought against the defendant is called a:
A. | Complaint | |
B. | Reply | |
C. | Counterclaim | |
D. | Motion |
5 points
QUESTION 6
If a defendant does not respond to a notice of a validly filed legal complaint against him, the result will be:
A. | The plaintiff must re-file with the court | |
B. | The court will assume the defendant denies all the allegations in the complaint | |
C. | The plaintiff wins by default | |
D. | The plaintiff must appeal |
5 points
QUESTION 7
A counterclaim is:
A. | When a defendant attacks the plaintiff's legal right to bring the action | |
B. | A claim the defendant asserts against the plaintiff | |
C. | The response by the defendant to the plaintiff's complaint denying the charges made by the plaintiff | |
D. | The formal way an attorney requests an appeal of a court ruling |
5 points
QUESTION 8
In a motion to dismiss, what can be the basis of the defendant's request that the court dismiss the case:
A. | For failure to state a claim (also known as a demurrer) | |
B. | Because the court does not have jurisdiction over the subject matter of the suit | |
C. | Because the court does not have personal jurisdiction over the defendant's person | |
D. | Any of the above |
5 points
QUESTION 9
In a civil trial, the parties must prove their contentions to the jury by this burden:
A. | To a moral certainty | |
B. | Beyond a reasonable doubt | |
C. | By a preponderance of the evidence | |
D. | All of the above |
5 points
QUESTION 10
A deposition is:
A. | Sworn oral testimony of a person taken out of court | |
B. | A set of written questions for which written answers are prepared and signed under oath | |
C. | A file for the deposit of legal documents | |
D. | All of the above |
5 points
QUESTION 11
The purpose(s) of discovery is/are:
A. | Preventing surprises at trial | |
B. | Preserving the testimony of witnesses | |
C. | Encouraging pre-trial settlements | |
D. | All of the above |
5 points
QUESTION 12
Voir dire:
A. | Is the process used to select members of the jury | |
B. | The power of the court to hear the case | |
C. | A motion to suppress evidence | |
D. | A motion to dismiss the case |
5 points
QUESTION 13
The role of the jury is:
A. | To determine the facts | |
B. | To decide what law should apply to the case | |
C. | To question the witnesses | |
D. | All of the above |
5 points
QUESTION 14
After the jury has reached a verdict, the party unhappy with the decision may:
A. | Demand a new jury | |
B. | Appeal the decision based on a claim that an error of law was made at trial | |
C. | Re-file the case and begin a new trial | |
D. | All of the above |
5 points
QUESTION 15
Alternate dispute resolution (ADR) consists of various ways to resolve disputes outside the court system. Which of the following are common forms of ADR:
A. | Mediation | |
B. | Arbitration | |
C. | Negotiation | |
D. | All of the above |
5 points
QUESTION 16
Monetary damages that can be awarded as remedies in civil disputes are:
A. | Compensatory damages | |
B. | Punitive damages | |
C. | Nominal damages | |
D. | All of the above |
5 points
QUESTION 17
The decision of an arbitrator is called:
A. | A ruling | |
B. | A settlement | |
C. | A binding stipulation | |
D. | An award |
5 points
QUESTION 18
When all seats are filled, how many Justices are on the Supreme Court?
A. | 12 | |
B. | 6 | |
C. | 9 | |
D. | 13 |
5 points
QUESTION 19
Review of a civil case by the Supreme Court is normally obtained by petitioning the court for a:
A. | Writ of certiorari | |
B. | Writ of sine quo non | |
C. | Writ of superiori | |
D. | Writ of jurisprudence |
5 points
QUESTION 20
The U.S. Supreme Court can review cases from which of the following sources:
A. | Appeals from the U.S. District Courts | |
B. | Appeals from the U.S. Courts of Appeals | |
C. | Appeals from the highest courts of the States, when federal and constitutional issues are at stake | |
D. | All of the above |
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