1. The title of a case in a state trial court is O'Neal v. Smith.

a. Who is the plaintiff and who is the defendant?

b. After the case is concluded in the trial court, O'Neal files an appeal.Who is the appellant and who is the respondent?

1. Is each statement below true or false?

___ a. Federal administrative agency regulations take precedence over conflicting state administrative agency regulations.

___ b. When there is a direct conflict between a federal and a state statute, the state statute may be deemed invalid by a court with jurisdiction to decide the issue.

___ c. A state constitutional amendment may conflict with the U.S. Constitution, as long as the state's amendment specifies that it only applies to that state.

___ d. A federal administrative regulation takes priority over the U.S. Constitution.

3. When there is a direct conflict between a decision by the federal Environmental Protection Agency (EPA) on a matter that comes within the EPA's jurisdiction and a Delaware state law

(a) Delaware's state law takes precedence.

(b) both the EPA decision and the Delaware state law are invalid.

(c) both the EPA decision and the Delaware state law apply.

(d) the EPA's decision takes precedence.

(e) Delaware's state law takes precedence as long as Washington, D.C. has a similar law.

4. In Alpha v. Gamma, a state supreme court held that a minor could cancel a contract for the sale of a car.Now a court in the same state is deciding Beta v. Sigma, a case with similar facts.Under the doctrine of stare decisis, the court in Beta v. Sigmais likely to:

(a)disregard Alpha v. Gamma because the facts are not exactly

the same as in Beta v. Sigma .

(b)order the minor to cancel the contract.

(c)allow the minor to cancel the contract.

(d)require the minor to fulfill the contract.

(e)disregard Alpha v. Gamma because the state supreme court does not have jurisdiction over a court in the same state.

5. Stare decisis means

(a) interpreting statutes decisively.

(b) separation of powers so that decisions are not made by a single branch of government.

(c)following precedent so that legal principles in earlier cases are followed in later cases.

(d)spending long periods of time looking at facts before making a decision.

(e)independently deciding each case without reference to similar cases.

6.Four of the following statements are true, and one is false.Which one is FALSE?

(a)An intermediate appellate court does not allow the introduction of new testimony or evidence.

(b)The U.S. Supreme Court is required to hear every case where one of the parties asks the Court to hear it.

(c)The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed.

(d)There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.

(e)General jurisdiction trial courts hear evidence and testimony.

7. The general jurisdiction trial court in the federal system is called the:

(a)United States Trial Court

(b)United States Circuit Court

(c)United States Supreme Court

(d)United States District Court

(e)United States Merchant Court

8.A court of appeals in the Ninth Circuit issues a written opinion in the case of J

ones v. Smith.That opinion becomes precedent:

(a)For all state and federal courts in the Ninth Circuit.

(b)For all federal courts in the United States.

(c)For all federal courts in California only.

(d)For all state and federal courts in California only.

(e)For all courts in the United States, except for the U.S. Supreme Court.

9.Which one of the following statements is TRUE?

(a)A plaintiff must file an answer to the defendant's complaint.

(b)A party to a lawsuit is not required to give a deposition, even if the other party requests one.

(c)There is only one statute of limitations, and that is the one established by the federal government.

(d) Interrogatories are oral testimony given by a party or witness prior to trial.

(e)Motions for summary judgment are supported by evidence outside of the pleadings.

10.Trucking Company wants to file a lawsuit against Farm Company by filing a complaint. The complaint should include:

(a) an explanation to refute any defense the defendant might assert.

(b)a motion for summary judgment.

(c)a motion to dismiss.

(d)a statement alleging the facts establishing Trucking Company's basis for relief.

(e)a jury verdict.

11.A California statute imposes a large fine, without a trial, on all street entertainers who operate in Los Angeles County.A court would likely strike down this statute under the principals of:

(a)equal protection

(b)free exercise of religion

(c)procedural due process

(d)substantive due process

(e)the commerce clause

12.Two friends, Martha and Stewart, are hiking in the San Gabriel Mountains in California. A dog being walked by its owner, Dorothy, who is from Oregon, bites Stewart, causing injury. Martha wants Stewart to sue Dorothy, but Stewart does not want to incur the cost of hiring alawyer.Can Martha sue Dorothy?Why or why not?If Stewart decides to sue Dorothy, in whatstate(s) can he file the lawsuit and why?

13. Laura lives in New York.Susan lives in Maine.A dispute arises between Laura and Susan over the ownership of a house located in Florida.The house is valued at approximately $500,000.Laura wants to file a lawsuit against Susan.In what state(s) might she file it and why?State or federal court or both and why?

14.Describe the differences between mediation and arbitration in at least four sentences.