QUESTION 40

Patty sued Raphael for hitting her car, alleging that Raphael was texting at the time when the accident happened. Patty did not present hard evidence of texting, such as phone records. The jury held Raphael was not liable for the accident because Patty had not proved Raphael was texting, and that in fact it was Patty who failed to yield to Raphael. Patty should:

		Appeal to federal court to overturn the decision, which was made in state court.
		Ask the Supreme Court to overturn the decision because she made clear Raphael was texting.
		Ask the judge to grant a default judgment because the jury was wrong.
		Move on with her life, as she was unable to convince the jury to side with her on a question of fact.
		Appeal and try to convince the appellate court that Raphael actually was texting.

2 points

QUESTION 41

Which of the following is true regarding the use of legal counsel at arbitration proceedings?

		Parties may have legal counsel if they had legal counsel in mediation proceedings. Otherwise, legal counsel may not be used.
		It is up to each of the parties. They may have legal counsel or they may not.
		Parties may not have legal counsel.
		Individuals may have legal counsel, but corporations may not.
		Corporations may have legal counsel, but individuals may not.

2 points

QUESTION 42

For diversity-of-citizenship, which of the following is needed?

		That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
		Only that the controversy concern an amount in excess of $100,000.
		Only that the plaintiff not reside in the same state as the defendant.
		Only that the controversy concern an amount in excess of $75,000.
		Only that the plaintiff reside in the same state as the defendant.

2 points

QUESTION 43

Med-arb is which type of dispute resolution process?

		A process in which the parties agree to start in mediation and move to litigation if the mediation is unsuccessful.
		A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.
		A process in which the parties agree to start out in arbitration and, if the arbitration is unsuccessful on one or more points, move on to court-annexed ADR.
		A process in which the parties agree to start in arbitration and move to litigation if the mediation is unsuccessful.
		A special type of blended mediation and arbitration applicable only in the medical malpractice arena.

2 points

QUESTION 44

Today, when the First Amendment is concerned, what does the term "political speech" reference with regard to corporations?

		Speech by any citizen in connection with an election campaign.
		Speech that occurs when corporations support political candidates.
		Speech by private citizens involving advertising that is regulated by state government.
		While the term "political speech" has historical connections, the First Amendment is not referenced in relation to "political speech" today because today all speech is considered at the same level.
		Speech by elected officials regarding other elected officials.

2 points

QUESTION 45

Trudy has moved from Texas to Alabama. The state does not allow nonresidents to seek employment without first passing a loyalty test to Alabama. Alabama has violated which clause?

		The dormant commerce clause
		The non-residents rights clause
		The commerce clause
		The right employment clause
		The privileges and immunities clause

2 points

QUESTION 46

_______ law cases involve either two individuals or two organizations.

		Precedent
		Civil
		Criminal
		Public
		Legal realism

2 points

QUESTION 47

Many federal district courts use ADR to resolve disputes within cases. Which form of ADR is most often used?

		Arbitration
		Federal private trials
		Minitrials
		Federal summation
		Mediation

2 points

QUESTION 48

McDonalds, Sonic, Burger King, and Kentucky Fried Chicken are examples of a(n) _______ because the franchise operate under the franchisor's business name and act subject to the franchisor's standards and methods of business operation.

		entrepreneurship agreement
		manufacturing arrangement
		chain-style business operation
		distributorship
		multiple business franchise

2 points

QUESTION 49

Dr. Tanaka was served with a malpractice lawsuit based on allegedly removing the wrong organ. Following discovery, it becomes clear that the plaintiff has no credible evidence against the doctor, and that no reasonable jury could rule in the plaintiff's favor. How should Dr. Tanaka's lawyer proceed?

		The lawyer should make a motion to amend the answer in order to make a motion to dismiss.
		The lawyer should make a motion for summary judgment.
		The lawyer should file a motion for judgment on the pleadings.
		The lawyer should make a motion for additional discovery.
		The lawyer should proceed to trial.

2 points

QUESTION 50

Which of the following is true regarding the protection of "fighting words" under the First Amendment?

		Fighting words are protected speech under the First Amendment only if they are made in connection with a protest march.
		Fighting words are unprotected speech under the First Amendment.
		Fighting words are protected speech under the First Amendment only if they involve political activity.
		Fighting words are protected speech under the First Amendment only if they are made in conjunction with self-defense.
		Fighting words are protected speech under the First Amendment only if they are uttered by an individual citizen, not by a corporate representative.