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

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