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