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Law
Q:
If the defendant does not respond to the complaint as required he or she is said to be in _____.
A. complaint.
B. interrogatory.
C. discovery.
D. voir dire.
E. default.
Q:
In a federal class-action law suit:
A. only one member of the class must meet the jurisdictional amount of $75,000.
B. at least 50% of the class must meet the jurisdictional amount of $75,000.
C. the total sued for by the class must add up to the jurisdictional amount of $75,000.
D. the average amount sued for by the class must meet the jurisdictional amount of $75,000 each.
E. the cost of trying the cases individually must exceed the jurisdictional amount of $75,000.
Q:
Members of a class must be given notice of the lawsuit; this notice must be given to all members of the class whose names and addresses can be found through _____.
A. res judicata
B. exceptional efforts
C. submission
D. extradition
E. reasonable efforts
Q:
In the pleadings phase, which of the following is false?
A. The defendant's response cannot contain affirmative defenses.
B. The complaint starts the lawsuit.
C. The defendant's response is called an answer.
D. The clerk of the court issues the summons to be served on the defendant.
E. The complaint contains allegations by the plaintiff and a statement or request of the relief sought.
Q:
After the complaint is filed, the first thing the defendant must file is the:
A. writ.
B. notice of appeal.
C. request for discovery.
D. answer.
E. deposition.
Q:
Which of the following statements is true concerning a criminal matter:
A. jurisdiction is obtained by affidavit submitted by the police.
B. it does not matter in which state the crime was committed, only that it is severe.
C. a defendant may waive jurisdiction.
D. long-arm statutes only apply for crimes involving violence.
E. courts may bundle several alleged criminals into a class-action prosecution.
Q:
Which of the following parties would have standing to sue in a case to stop the merger of two companies?
A. The CEO of the two companies' biggest competitor
B. A competitor of either of the two companies
C. The board of the two companies' competitors
D. A concerned third party
E. A shareholder of one of the two companies
Q:
Eli, a resident of New York, wants to sue Tony, a resident of Texas, for a civil incident that occurred in New York. In order to obtain jurisdiction under a long-arm statute, the court must find that:
A. Tony has committed some kind of tort in Texas, in addition to the civil incident in New York.
B. Tony owns property in Texas that he had bought personally in the past five years.
C. the civil incident occurred in New York while both Tony and Eli were there.
D. Tony entered into a contract or transacted business that is the subject matter of the law suit in New York.
E. Eli committed a tort in Texas or have property in Texas.
Q:
Alan committed a felony in Delaware, but has returned to Minnesota, where he lives permanently. Alan has a respectable job in Minnesota, and is a respected citizen there. When the Delaware police locate Alan:
A. they may go to Minnesota to arrest Alan and bring him back because of the felony committed in Delaware.
B. Alan may be arrested and tried in Minnesota for the Delaware felony.
C. as long as Alan commits no crimes in Minnesota, he cannot be arrested or detained for something that happened in another state.
D. they must wait till the statute of limitations for the felony runs out.
E. Delaware must seek extradition of Alan to have him returned to Delaware.
Q:
The process of requesting and transporting the prisoner from one state to another is called _____.
A. res judicata
B. garnishment
C. execution
D. personal jurisdiction
E. extradition
Q:
Res judicata means that a final decision is conclusive on all issues between the parties, whether raised in the litigation or not.
Q:
The party who files a civil action is called the _____.
A. defendant
B. appellee
C. plaintiff
D. appellant
E. respondent
Q:
If the defendant, upon being served, decides to sue the plaintiff, the defendant is then called the _____.
A. plaintiff
B. counterplaintiff
C. counterdefendant
D. appellant
E. appellee
Q:
In order to hear a case, a court requires _____.
A. subject matter jurisdiction
B. standing to sue
C. power of attorney
D. garnishment
E. jury instructions
Q:
In addition to proving a case or controversy, what must the plaintiff prove to have standing to sue?
A. Power of attorney
B. A personal stake in the resolution
C. At least $100,000 in damages
D. Gross negligence
E. Pain and suffering
Q:
The party appealing is usually referred to as the appellant.
Q:
The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial.
Q:
Following the closing arguments in a case, the judge acquaints the jury with the law applicable to the case, referred to as the jury instructions.
Q:
The plaintiff in a civil case must prove his case beyond a reasonable doubt.
Q:
The verdict is the final decision of the case entered by the judge.
Q:
A judgment notwithstanding the verdict is generally a pretrial motion.
Q:
In jury selections, challenges for cause are also called peremptory challenges.
Q:
If one of the potential jurors is the defendant's brother, the only way for the plaintiff to get the brother off of the jury panel is by using a peremptory challenge.
Q:
Only the defendant may challenge or excuse a prospective juror for a specific cause or reason.
Q:
Peremptory challenges may not be used to shape the gender makeup of a jury.
Q:
One method of discovery, called depositions, involves written questions for the opposing parties to answer.
Q:
Discovery procedures are intended to be used freely by the parties to litigation without the court's direct supervision.
Q:
Each state has prescribed a time limit after which a suit cannot be filed, called a statute of limitations.
Q:
A statute of limitations determines the maximum amount of money that a plaintiff may sue for.
Q:
Evidence in the form of a sworn statement is called an affidavit.
Q:
If a lawsuit is filed that is totally lacking in merit, the attorney filing the lawsuit can be fined according to Federal Rule 11.
Q:
Typically, the least expensive method of discovery is to present interrogatories to the opposing parties.
Q:
Due process requires that a defendant must have certain minimum contacts with a state in order to be hailed into court under a long-arm statute.
Q:
At the federal level, the Supreme Court encourages class action suits by consolidating cases and reducing the total caseload burden on the courts.
Q:
In recent years, the federal courts have developed a much higher standard for approving class-action settlements.
Q:
A shareholder of one of the two companies involved in a merger could sue to stop the combination of these companies,
Q:
Standing in a case is determined upon resolution of the case, rather than at the outset.
Q:
The only way to obtain personal jurisdiction over a defendant is to have them served with a summons.
Q:
Personal jurisdiction over the defendant is automatically obtained when the plaintiff files the complaint.
Q:
Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.
Q:
The person against whom a criminal charge is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondent.
Q:
When a defendant wants to sue the plaintiff, the defendant files a counterclaim.
Q:
If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he may bring in the new parties who are called third-party defendants.
Q:
An individual may not assert the rights of the general public or of a group of which he or she is not a member as a plaintiff.
Q:
The Citizens United decision was met with opposition from a number of individuals and groups concerned about:
A. the influence of legislators in the judicial process.
B. the influence of corporate money in political elections.
C. the erosion of civil liberties.
D. the influence of alcohol.
E. the corruption of voter registration laws.
Q:
If the answer to a case is not clearly established by statute or by unquestioned precedent, the judge must first extract from the precedents the underlying principle, known as the _____.
A. obiter dicta
B. ratio decidendi
C. voir dire
D. habeas corpus
E. writ of ceritorari
Q:
Ratio decidendi refers to:
A. the underlying principle of the case.
B. stare decisis.
C. narrow-tailoring.
D. justifying the amount of a verdict in relation to the injury.
E. judicial activism.
Q:
The primary issue in Citizens United was the significance of:
A. the First Amendment.
B. the Seventh Amendment.
C. the Confrontation Clause.
D. the War Powers Act.
E. the Fourteenth Amendment.
Q:
Those who believe in judicial restraint believe that social, political, and economic change in society should result from _____ rather than from court action.
A. dispute resolution
B. market intervention
C. the political process
D. quiet introspection
E. governmental cooperation
Q:
Those who believe that judicial power should be exercised whenever the needs of society justify such use believe in:
A. judicial functionality.
B. judicial activism.
C. judicial extension.
D. judicial abstention.
E. judicial absenteeism.
Q:
_____ believe that judicial review should be utilized when the needs of society justify its use.
A. Strict constructionists
B. Judicial activists
C. Judicial realists
D. Judicial conservatives
E. Judicial abstentionists
Q:
Proponents of _____ believe that judicial review by judges should not be used except in unusual cases.
A. judicial restraint
B. judicial activism
C. voir dire
D. judicial relativism
E. res judicata
Q:
Judicial review is:
A. the right of a court to review legislation and declare it unconstitutional.
B. the right of a legislature to pass statutes that overrule court decisions.
C. the right of an appellate court to overrule a lower court decision.
D. the right of the executive branch to enforce or not enforce judicial decisions.
E. the right of a court to create laws.
Q:
Strict constructivism is also known as:
A. judicial liberalism.
B. judicial activism.
C. judicial review.
D. judicial abstention.
E. judicial formalism.
Q:
Supreme Court Justices are:
A. appointed and approved by the president.
B. appointed by the members of the lower courts.
C. appointed by the U.S. House of Representatives.
D. appointed by Congress.
E. appointed by the president alone.
Q:
Which of the following is true of the Supreme Court's use of the power of judicial review?
A. It has exercised this power more than once per presidential cycle.
B. It exercises the power of judicial review at least once a year.
C. It uses its power of judicial review only when the country faces war.
D. It rarely uses judicial because of its self-imposed limits.
E. It uses the power only when the majority of the justices are strict constructionists.
Q:
A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the _____.
A. trial court
B. Court of Appeals
C. arbitration panel appointed by the court
D. U.S. Supreme Court
E. magistrate's court
Q:
How many total Courts of Appeal have been created by Congress in the U.S.?
A. 50
B. 51
C. 25
D. 5
E. 13
Q:
Federal question cases are those:
A. that have the United States as a party.
B. based on issues arising out of the U.S. Constitution.
C. based on controversies among the states.
D. based on certain suits between citizens of different states.
E. cases between a citizen and a corporation.
Q:
What is a writ of certiorari?
A. The underlying principle of a case
B. The process of finding out the facts of the case
C. An oath administered to a witness requiring him to speak the truth
D. A request for permission to file an appeal with the U.S. Supreme Court
E. A plea wherein the defendant agrees not to contest the charges
Q:
A petition for a _____ is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court.
A. writ of certiorari
B. writ of mandamus
C. writ of assistance
D. writ of habeas corpus
E. writ of possession
Q:
Writs of certiorari are granted primarily in cases:
A. where the value in controversy is more than $50 million.
B. of significant presidential importance where sever political controversy could change an election.
C. where there is an obvious conflict between two or more Courts of Appeal.
D. where the judge in the original trial court has been removed from the bench for reasons of unethical conduct.
E. where the attorneys on both sides of the case are well known to the justices.
Q:
How many Supreme Court justices does it take to vote for a writ of certiorari for it to be granted?
A. Five
B. Four
C. One
D. Nine
E. Eight
Q:
Which of the following is true of the federal district courts?
A. They are the appellate courts of the federal judicial system.
B. There are only 12 such courts in the U.S.
C. These courts do not have the authority to impanel juries.
D. They lack subject matter jurisdiction over diversity of citizenship cases.
E. Most significant federal litigation begins in these courts.
Q:
Which of these can only be a state court?
A. District court
B. Small claims court
C. Court of Appeals
D. Supreme Court
E. Bankruptcy court
Q:
Which of the following provides the details of how court litigation is conducted in federal court litigation?
A. Article III of the Constitution
B. The First Amendment
C. The Sixth Amendment
D. Federal Rules of Civil Procedure
E. Federal Rules of Evidence
Q:
In addition to the state in which it is incorporated, a corporation's "citizenship" is recognized by the courts as:
A. any state where it conducts even a minor amount of business.
B. the state in which it maintains its principal place of business.
C. the state where its CEO lives.
D. the state where most of its employees live.
E. any state that the corporation declares as being its hometown.
Q:
Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. Which court(s) may she file her initial lawsuit in?
A. Court of public opinion
B. State appellate court
C. Federal district court
D. U.S. Supreme Court
E. State trial court
Q:
Josh and Shiela are neighbors. One morning they have a motor vehicle accident. Amanda is severely injured and suffers $95,000 worth of medical and property damages. She believes that the accident was Josh's fault and wishes to sue. What would have to be different in order for Sheila to be able to file an initial complaint against Josh in a federal court?
A. The amount must be less than $75,000.
B. Josh must have severely injured Sheila.
C. Josh and Sheila must live in different states.
D. Sheila must petition her elected officials.
E. Josh must have been intoxicated during the accident.
Q:
The federal courts have original jurisdiction over all of the following matters EXCEPT:
A. questions of federal law.
B. suits between citizens of the same state.
C. controversies among the states.
D. when the U.S. is a party.
E. cases arising out of the U.S. Constitution.
Q:
Most lawsuits begin at the _____ level.
A. appellate court
B. trial court
C. Supreme Court
D. magistrate's court
E. state supreme court
Q:
_____ is a court's power over the issues involved in the case.
A. Power of attorney
B. Judicial restraint
C. Subject matter jurisdiction,
D. Judicial activism
E. Res judicata
Q:
_____ refers to the power of a court, at the state or federal level, to hear a case.
A. Activism
B. Res judicata
C. Power of attorney
D. Voir dire
E. Jurisdiction
Q:
_____ provides that judicial power be vested in the Supreme Court and such lower courts as Congress may create.
A. The Sherman Act
B. The First Amendment
C. Article III of the Constitution
D. The Fifth Amendment
E. The Federal Arbitration Act
Q:
A request for a second review is, in some states, called a writ of:
A. certiorari.
B. attachment.
C. possession.
D. replevin.
E. mandamus.
Q:
Which of the following is true of the role of jurors?
A. They determine the applicable rules of law relevant to the case.
B. They present the evidence and arguments to the juries and judges.
C. They apply the law to the facts.
D. They apply constitutional limitations and guarantees.
E. They determine the facts from conflicting evidence.
Q:
A lawyer's first duty is:
A. to his or her client.
B. to make money.
C. to defeat the opposing lawyer.
D. to apply law to the facts.
E. the administration of justice.
Q:
Which of the following is true of a trial by jury?
A. Juries are used in all civil and criminal cases.
B. Federal law does not specify the types of cases that can be tried by juries.
C. The right of trial by jury is guaranteed in both criminal and civil cases.
D. In most states, a jury's decision need not be unanimous, but must be based on a simple majority.
E. Federal law specifies that juries for criminal cases must be made up of twelve jurors.
Q:
Which of the following is true of attorney-client communication?
A. A lawyer may not testify against a client unless called to do so at a trial.
B. Confidential attorney-client communication is privileged.
C. A lawyer is obliged to reveal anything a client tells him that is material to the case.
D. Attorney-client privilege does not extend to anyone other than the lawyer him or herself.
E. Attorneys are obliged to reveal confessions of a client's guilt in criminal cases.
Q:
The attorney-client privilege extends to:
A. conversations the client has with his or her coworkers.
B. emails written by the client to a family member.
C. communications made to the lawyer's employees.
D. letters written by the judge to the client.
E. the conversations between a client and the opposing party.