Study Questions for Exam 1

Question 21 (2 points) Boyd files a suit in a Federal district court against Cathy. Cathy loses the suit, appeals to the U.S. Court of Appeals for the Second Circuit, and loses again. Cathy asks the United States Supreme Court to hear the case. The Supreme Court is Question 21 options: required to hear the case because Cathy lost in a Federal court. not required to hear the case required to hear the case because it is an appeal. required to hear the case because Cathy lost in a lower court. Question 22 (2 points) Target sells a toy with a dangerous defect. Micah buys the toy for his son but discovers the defect before the child is injured or any damage has occurred. He files a lawsuit against Target for the potential injury the toy could have caused. The best ground for dismissal of the suit is that Micah does not have Question 22 options: certiorari sufficient minimum contacts jurisdiction standing to sue Question 23 (2 points) During the trial process involving two companies in a civil lawsuit, the attorneys for both companies engage in voir dire. This is Question 23 options: an assessment of the arguments on the legal issues. a determination of the issues to be argued. litigation of the issues of law and fact. the jury selection process Question 24 (2 points) Invoking the Fifth Amendment means that an accused person Question 24 options: demands a Grand Jury refuses to testify against themselves wants to appeal their case refuses to be tries againQuestion 31 (2 points) The Federal Environmental Protection Agency uses "notice and comment" rulemaking. This process begins with Question 31 options: the filing of a complaint against the charged party a request to congress to enact enabling legislation. the solicitation of public comments the publication of a notice of proposed rule-making Question 32 (2 points) An agency makes rule. Under the "Arbitrary and Capricious" standard, the rule must not: Question 32 options: be or do any of the above violate state law violate Federal law be an abuse of power Question 33 (2 points) The United States Department of Homeland Security issues a final rule. Like the rules of all other Federal agencies, this rule must be published in Question 33 options: the Federal Register the Code of Federal Regulations the United States Code. the Federal Rules of Civil Procedure Question 34 (2 points) If the government believes that a person had the criminal mind (mens rea) and committed the act (actus reus), the person is automatically guilty of the crime charged unless they can prove their innocence. Question 34 options: True False