Q&A Hero

Q: A motion to dismiss made by the defendant is granted when: A. the defendant is scared of losing the case. B. it is clear that the plaintiff does not have a case and it would be wasteful to continue. C. either party feels that the judge is not impartial. D. people or groups other than the parties involved are interested in the outcome of a certain appeal.

Q: Robert files a case against Richard for non payment of dues. Before the trial, Richard is examined under oath in the presence of Robert's attorney. What is this process of examination known as? A. Deposition B. Discovery C. Pretrial conference D. Default judgment

Q: A procedural device that is designed to narrow issues to be proved at trial or to facilitate a settlement is the: A. alternative dispute resolution. B. mediation agreement. C. judgment notwithstanding the verdict. D. pretrial conference.

Q: Which of the following statements about the adversary system is true? A. The adversary system represents the idea that truth is best discovered through the presentation of competing ideas. B. The judge, in an adversary system, is actively involved in determining the facts of a case. C. In an adversary system the cases are heard by a panel of three judges. D. The judges have a duty to direct the search for truth rather than expecting it to emerge from the efforts of the lawyers for the parties.

Q: Which of the following concerning pleadings' is true? A. The first step in starting a lawsuit is the serving of a summons on the defendant. B. The case is set for trial on the court calendar once the pleadings have commenced. C. They serve three major functions. D. The complaint, answer and reply inform the parties of each other's claims and form the basis for a trial.

Q: A complaint: A. must contain sufficient facts to show that the plaintiff is entitled to some legal relief. B. is a rule of law enabling the defendant to win even if all of the plaintiff's allegations are true. C. was created to help deal with the increasing congestion of cases in most civil courts. D. is a procedural device that is designed to narrow down issues to be proved at trial.

Q: A rule of law enabling the defendant to win even if all of plaintiff's allegations are true is a(n): A. counterclaim. B. affirmative defense. C. deposition. D. judgment notwithstanding the verdict.

Q: A resident of Ohio was convicted of bank robbery of $90000 in California. In which of the following courts should his case be filed? A. Small Claim Court B. Trial Court C. District Court D. Justice of Peace Court

Q: District courts: A. only review the legal conclusions reached by lower federal courts. B. are the intermediate courts of the federal court system. C. have both fact-finding (by the judge or jury) and law-finding (by the judge) functions. D. are specialized courts in the federal court system.

Q: A U.S. court of appeals is empowered to: A. find new facts for the case. review legal conclusions reached by lower federal courts and administrative agencies. D. hear witnesses and determine facts. An appeal from a district court is taken to a U.S. court of appeals. Like state intermediate appellate courts, the U.S. courts of appeals generally do not have a fact-finding function. They only review the legal conclusions reached by lower federal courts. The courts of appeal also hear appeals from many federal administrative agency decisions.

Q: The primary way a case can be appealed to the Supreme Court is through a: A. writ of habeas corpus. B. writ of quo warranto. C. writ of certiorari. D. writ of mandamus.

Q: Writ of certiorari (cert.) is given when: A. a person does not want to appeal to the Supreme Court. B. there have been conflicting decisions in similar cases by different courts of appeal. C. the court has too many cases to be heard and has no time to take up a new case. D. the loser of the case does not pay the judgment.

Q: Municipal courts are: A. courts of record. B. known as superior courts. C. known as justice of peace courts in rural areas. D. courts that handle civil matters involving a limited amount of money.

Q: Trial courts differ from inferior courts in that trial courts: A. are courts of limited jurisdiction. B. are limited by the amount of civil damages that can be awarded. C. are courts of record from which an appeal can be taken. D. are called municipal courts in urban areas.

Q: Generally, the role of appellate courts is to: A. review the proceeding in the trial court and correct legal errors made by the trial judge. B. accept the findings of the trial court with minor changes even if it goes against all the evidence. C. hear witnesses once again and establish new facts. D. review all proceedings in the trial court and penalize the trial court judges for wrong decisions.

Q: It is seen that Court X hears cases that have been referred to it by trial courts. However, it does not hear any witnesses nor does it review new facts about the case. Court X is a/an: A. municipal court. B. inferior court. C. appellate court. D. justice of peace court.

Q: A prisoner seeks injunctive relief to improve prison conditions. However, while the case is still pending, the prisoner's sentence ends and he is released. On the date of deciding the case, the American Federal Court could: A. choose not to decide the case stating the case was moot. B. ask the ex-prisoner to appeal to the Supreme Court. C. ask the prisoner to apply for a new trial. D. ask the prisoner to appeal to the court of appeals.

Q: Jurisdiction is defined as: A. the authority of a court to hear a case and render a binding decision on it. B. the unlimited authority of the court. C. the process by which cases are decided. D. the power an individual appointed within an organization possesses to settle disputes.

Q: Mr. Burns filed a case against Mr. Johnson in the court at Ohio. However, Mr. Johnson had never visited Ohio, nor had any personal ties with anyone in Ohio. Mr. Johnson could defend the case on the basis that the court: A. lacked personal jurisdiction. B. was not in proximity to the place where Mr. Johnson resides. C. was limited by subject matter jurisdiction. D. did not have judges that would understand the language spoken by him.

Q: A new trial is required in case where a case is remanded by an appellate court.

Q: Under the Uniform Arbitration Act, a court: A. cannot hold that the dispute was not arbitrable under the agreement of the parties. B. will not review the wisdom or decision of the arbitrator. C. can only make the arbitration award enforceable. D. can publish its arbitration awards.

Q: Which of the following statements is true about a minitrial? A. In a minitrial, a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side, and renders an advisory verdict. B. If a settlement is not reached in a minitrial, neutral third-party advisor will render a nonbinding opinion regarding how the dispute is likely to be resolved if it goes to trial. C. The minitrial is conducted under court guidance. D. The minitrial differs from mediation in that the third party to whom the dispute is submitted decides the outcome.

Q: In the "private judging" method of dispute resolution: A. a hired judge renders a binding opinion after hearing the evidence and arguments of the parties. B. executives of the disputing companies, who have settlement authority, hear a shortened presentation of the case by the lawyers for each side. C. a six-member mock jury empaneled by the court hears a shortened presentation of the case by the lawyers for each side. D. executives of the disputing companies meet with lawyers to negotiate a settlement. In this private judging, or "rent-a-judge," method of dispute resolution, the hired judge (who is often a retired judge) renders a binding opinion after hearing the proofs and arguments of the parties.

Q: An employee appointed within an organization to settle disputes is called a(n): A. mediator. B. arbitrator. C. ombudsperson. D. private judge.

Q: Even if a jury unanimously finds a defendant guilty, the judge can find in the defendant's favor by granting a motion for judgment notwithstanding the verdict'.

Q: Small claim courts are courts of record.

Q: A party who is dissatisfied with the decision of a lower court can always take the case all the way to the U.S. Supreme Court.

Q: All opinions of the Supreme Court can be cited as precedents.

Q: The adversary system in the United States is based on the idea that the truth will emerge in courtrooms through a "battle of words" between two lawyers.

Q: When the issue in a case no longer exists or has become pointless, that issue is considered moot.

Q: Sally files a lawsuit against Jim in a Tennessee court. Jim does not live in Tennessee nor has he ever visited the state. The Tennessee court may not decide the case unless it can demonstrate that Jim somehow has a close connection with the state.

Q: Mr. Smith filed a case in a municipal court against Bob for a minor criminal violation. Dissatisfied with the decision of the court, Mr. Smith can now appeal the case in a court of record.

Q: The losing party in arbitration cannot appeal the arbitrator's decision in a regular court on the basis that the decision was unwise.

Q: International trade arbitration agreements are enforced through multilateral treaties.

Q: Minitrial is also known as a summary jury trial.

Q: Describe the four steps in the process of legal interpretation.

Q: Define the three steps involved in applying stare decisis.

Q: Mediators make decisions based on the merits of a dispute.

Q: The U.S. Supreme Court generally disfavors arbitration as a way to settle disputes.

Q: The parties to an arbitration proceeding can select an arbitrator in any way they desire.

Q: In the business world, the goal of preventative law is to increase profits by: A. imposing higher inheritance and income taxes on wealthy people. B. avoiding losses through fines and damage judgments. C. involving the client in the business-planning process. D. creating unenforceable contracts.

Q: The use of lawyers by business managers to help them plan avoidance of business emergencies and to help them comply with the rapidly growing mass of legal rules imposed on business operations by government bodies is called as: A. common law. B. preventive law. C. criminal law. D. substantive law.

Q: List the four basic functions of law.

Q: Describe the difference between criminal and civil law and the penalties that accompany violations of each.

Q: List the three ways in which courts make law.

Q: In addition to statements made to an attorney, the attorney-client privilege covers: A. information divulged to an attorney's subordinates, such as secretaries or paralegals. B. statements made in the presence of people other than the lawyer. C. statements made to a law-enforcement officer. D. information divulged in the presence of people other than the lawyer's subordinates.

Q: The work product privilege: A. prevents an attorney from divulging confidential information communicated to the lawyer by a client or potential client in the course of seeking to retain the attorney or otherwise seeking legal advice. B. covers information divulged to an attorney's subordinates (secretaries or paralegals). C. considers a lawyer to be an officer of the court who is bound to work for the advancement of justice while faithfully protecting the rightful interests of his clients. D. is derived from the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak fully and honestly with his attorney.

Q: When a lawyer agrees to represent a client, the lawyer agrees to: A. the reality that he will be liable for malpractice if he loses the case. B. exercise the skill, prudence and diligence expected of lawyers of ordinary skill and competence in the community. C. the probability that a court will likely second-guess the legal strategy he chooses to use in representing his client. D. the reality that the courts are likely to second-guess his professional judgment.

Q: Lee was charged with public intoxication. Shortly after being charged with the offense, he wrote a letter to his attorney explaining the circumstances surrounding his arrest. The letter is considered: A. privileged communication under the work-product privilege. B. privileged communication under the attorney-client privilege. C. privileged communication under legal positivism. D. privileged communication under legal realism.

Q: According to attorney-client privilege: A. the privilege does not apply until the attorney is actually retained by a client. B. an attorney is allowed to divulge confidential information communicated to the lawyer by a client in the course of seeking legal advice. C. a client must feel free to speak fully and honestly with his attorney if the judicial system is to function effectively. D. the privilege covers statements made in the presence of people other than the attorney or the attorney's subordinates.

Q: Natural law thinkers believe that: A. law and morality are inseparable. B. there is no law superior to that promulgated by political institutions. C. all laws should have an environmental focus. D. natural law provides the level of predictability attained by legal positivism.

Q: Sociological jurisprudence maintains that: A. statutes should be interpreted based on their plain meaning. B. courts must look beyond the plain meaning of a statute to consider the law's legislative purpose. C. courts should not consider the legislative purpose as well as their perceptions of the prevailing public policies in interpreting statutes. D. the law is the command of legitimate political institutions and must be enforced to the letter.

Q: They believe that decisions are often more attributable to the biases and moods of decision makers than they are to the formal legal rules that are supposed to determine the outcome. A. Legal realists B. Legal positivists C. Legal sociologists D. Natural law thinkers

Q: The adversary system is characterized by: A. the idea that ultimate truth and justice will prevail if each party to a dispute is represented by competent attorneys providing the strongest possible representation. B. the minimal role played by lawyers. C. the unconditional free reign granted to judges. D. the notion that the effective functioning of the judicial system will be undermined if a client does not feel free to speak with his attorney.

Q: Which of the following is true of the operation of stare decisis? A. The lawyer or judge can only state narrowly, the rule to be applied from the precedent cases. B. A legislature cannot override stare decisis and change a common law rule by enacting a statute. C. The highest appeals court in a jurisdiction cannot overrule a precedent case. D. A court has considerable freedom in picking precedent cases.

Q: Legal positivists: A. believe that law should be shaped by public policy and morality. B. confine their legal analysis to the plain meaning of the words. C. believe that law must always look to equitable exceptions to the law on the books. D. consider public policy and their own sense of morality when interpreting the law.

Q: A useful tool for understanding and persuading that combines basic analytical thinking with recognition of the special features of the underlying legal system is: A. sociological jurisprudence. B. legal positivism. C. legal reasoning. D. analytical reasoning.

Q: The constitutional prohibition of ex post facto laws: A. applies to statutory law. B. aims to minimize the possibility of failure if the business has to go to court to enforce its rights. C. applies to common law. D. gives lawyers a great deal of discretion in selecting an appropriate strategy for handling a legal dispute.

Q: A feature of decisional law in common law systems which says that, a court, in making a decision, should follow the rulings of prior cases that have similar facts is: A. caveat emptor. B. ex post facto laws. C. stare decisis. D. contra proferentem.

Q: Stare decisis: A. renders law rigid and unchanging. B. lends predictability to decisional law by relying on prior decisions. C. makes the law unadaptable because the rule from a precedent case is applied selectively. D. creates harsh results by refusing to recognize equitable exceptions.

Q: Which of the following statements is true of an independent agency? A. Independent agencies are headed by the president. B. Independent agencies are a part of the executive branch of the government. C. Independent agencies are headed by a board or commission. D. Independent agencies are given authority only to enforce rules made by the Congress.

Q: Common law arises when: A. courts are called upon to resolve disputes for which there is no statute or other source of law establishing a rule. B. constitutional statutes are found to interfere with the freedom of expression. C. there are statutes and other sources of law establishing a particular rule and the courts decide to improvise this existing statutory law. D. the government wishes to encourage certain kinds of investments.

Q: Under the power of judicial review: A. a judge may render a legal rule unenforceable by declaring it in conflict with a constitution. B. lower courts may decide that higher court decisions are not valid. C. courts make law by drafting new statutes. D. the court may override the acts of the Constitution.

Q: Under private law: A. persons may create legally-binding agreements through their power to contract. B. persons may enter into contracts, but the contracts will not be upheld in court. C. persons may create their own rules when there is no prior statute. D. persons may make their own rules only after studying practice of similar precedents.

Q: Legislation enacted by governmental units smaller than a state (cities and towns) is called: A. common law. B. an administrative regulation. C. an ordinance. D. a treaty.

Q: A treaty becomes "the supreme law of the land" when: A. it lends predictability to decisional law by relying on prior decisions. B. it is an agreement made by the president with a foreign government and two-thirds of the Senate ratifies it. C. it establishes rules that govern certain kinds of activities, such as the use of automobiles on highways. D. it adds details to the government framework by establishing a regulatory agency.

Q: One distinction between civil law and criminal law is: A. civil law can be created only by statute. B. criminal law is completely procedural. C. criminal law is concerned with breaches of duty to society at large. D. the U.S. Constitution does not apply to civil lawsuits.

Q: If a person carelessly runs a car into yours, the person has committed: A. civil tort of negligence. B. substantive tort of negligence. C. criminal tort of negligence. D. procedural tort of negligence.

Q: If the behavior of someone who commits a tort is outrageous, that person can be made to pay compensatory and: A. special damages. B. punitive damages. C. liquidated damages. D. nominal damages.

Q: Local legislation regulating zoning and noise levels are examples of: A. ordinances. B. treaties. C. administrative rules. D. administrative decisions.

Q: Which of the following is an example of procedural law? A. Receiving food stamps B. Rules as to how a court's decision is to be enforced C. The right of self-defense D. The freedom of speech granted by the U.S. Constitution

Q: The freedom of speech granted by the U.S. Constitution is an example of: A. civil law. B. substantive law. C. criminal law. D. procedural law.

Q: By involving a lawyer in the business-planning process, a desired business objective can be reached with less legal risk.

Q: The law that seeks to prevent certain practices that might reduce competition and thus increase prices is: A. tax law. B. consumer law. C. antitrust law. D. contract law.

Q: Civil law arises when courts are called upon to resolve disputes for which there is no statute or other sources of law to establish rules.

Q: Most courts refer to a statute's legislative history when the language is unclear.

Q: Law must be predictable yet flexible enough to accommodate change.

Q: The doctrine that says a court, in making a decision, must follow precedents of prior cases is called the ex post facto rule.

Q: The highest appeals court in a jurisdiction cannot overrule a precedent case.

Q: Unlike legal positivists, legal sociologists stress the need for law to change and keep pace with the evolution of society.