Question 25

Which of the following statements about lawyers fees in civil lawsuits is TRUE?

Group of answer choices

An attorney will collect a contingency fee only if s/he wins the case.

The American system requires a plaintiff who loses her case to pay the attorneys fees of the defendant.

The contingency fee system advantages wealthy plaintiffs.

Both plaintiffs and defendants can hire attorneys on a contingency fee basis.

States have outlawed the contingency fee system, because it creates a conflict of interest between the client and the attorney.

Question 26

Which of the following statements are TRUE about the exclusionary rule? Choose all that apply.

Group of answer choices

The exclusionary rule outlaws all warrantless searches.

The exclusionary rule is designed to benefit people who are the victims of illegal searches who are ultimately not charged with a crime.

The exclusionary rule is controversial.

The Fourth Amendment states that illegally seized evidence must be excluded at trial.

The Supreme Court has carved out a number of exceptions to the exclusionary rule.

Question 27

In criminal law ________________________, while in tort law ___________________________. Choose all that apply.

Group of answer choices

the focus is on wrongdoing to an individual, the focus is on wrongdoing to society

money ordered to be paid by the defendant is divided between the victim and the government, money ordered to be paid by the defendant goes to the victim

a wrongdoer is rarely charged with a crime when his or her behavior is negligent, today negligence is the predominant tort

the victim has the right to choose the prosecutor, the plaintiff is able to choose his own attorney

the defendant may be provided an attorney by the government, the defendant must pay for her own attorney

Question 28

Which of the following statements are TRUE regarding the duty of care in negligence law? Choose all that apply.

Group of answer choices

Jim set up a trampoline in his backyard. A grandchild visiting his neighbor across the street wandered into Jims yard, jumped on the trampoline, and injured himself. Jim owes a duty of care to the child only if he knew that his neighbors had grandchildren.

The fact that a defendant's actions injured the plaintiff proves that the defendant violated a duty of care.

As long as a doctor practices medicine reasonably, she will fulfill the duty of care to her patients.

If a defendant can forsee an injury to a particular person, she has a duty to act reasonably towards that person.

A defendant owes a duty of care to the plaintiff only if a statute imposes such a duty.

Question 29

Which of the following statements are TRUE about diversity jurisdiction? Choose all that apply.

Group of answer choices

It provides a way for a plaintiff to file a lawsuit in federal court when the defendant lives in another state.

It allows a plaintiff to have home court advantage in the state in which he lives.

It describes cases that begin in the state court system but end up in the United States Supreme Court.

The ability to move a case from state to federal court depends on the dollar value of the case.

It involves cases where individuals sue businesses.

Question 30

Which of the following statements regarding the tort of negligence are TRUE? Choose all that apply.

Group of answer choices

The plaintiff always has the burden of proving that the defendant's conduct was negligent.

A jury will determine whether the defendants conduct proximately caused the plaintiffs injuries.

An injury is said to be proximately caused by the defendants conduct when but for the conduct the injury would not have occurred.

A doctor can avoid being held liable for malpractice as long as she can show that she acted as a reasonable person towards the patient.

As long as a plaintiff can prove that the defendant acted unreasonably, it doesn't matter whether the plaintiff suffered actual injuries from the negligence.