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Business Law Quiz Essays

In deciding a case, a court will not use common law if there is a statute that applies to the dispute. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/2. 5 | | | 2. | | | Dicta is another term for “controlling precedent. ” | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 3. | | | One of the important powers of courts in the United States is to interpret legislation. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 4. | | | Bill sued Ted for libel over statements Ted published in the company newsletter.

A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of | | | Student Response| Value| Correct Answer| Feedback| A. | Judicial restraint| 0% |   |  | B. | Prior restraint| |   |  | C. | Stare decisis| |   |  | D. | Res judicata | |   |  | | Score:| 0/2. 5 | | | 5. | | | Many areas of law important to businesses are governed by the Uniform Commercial Code. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 6. | | The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes a(n)__________separation of powers. | | | Student Response| Value| Correct Answer| Feedback| A. | Vertical| |   |  | B. | Horizontal| |   |  | C. | Transitional| |   |  | D. | Equitable| 0% |   |  | | Score:| 0/2. 5 | | | 7. | | | The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a. m. and 4:00 p. m. This is an example of an ordinance. | | Student Response| Value| Correct Answer| False | 0% | True| Score:| 0/2. 5 | | | 8. | | | If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 1. | | | Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 2. | | | Only decisions by the United States Supreme Court can have the status of res judicata. | |

Student Response| Value| Correct Answer| True | 0% | False| | Score:| 0/2. 5 | | | 3. | | | Criminal law is a subset of private law. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 4. | | |   It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 5. | | | Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true.

Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of | | | Student Response| Value| Correct Answer| Feedback| A. | Judicial restraint| |   |  | B. | Prior restraint| |   |  | C. | Stare decisis| |   |  | D. | Res judicata | 100% |   |  | | Score:| 2. 5/2. 5 | | | 6. | | | A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ___________laws. | | | Student Response| Value| Correct Answer| Feedback| A. | Substantive| |   |  | B. Procedural| 100% |   |  | C. | Inculpatory| |   |  | D. | Judge-made| |   |  | | Score:| 2. 5/2. 5 | | | 7. | | | The body of law that will be used to determine which state’s law will apply in a multi-state transaction is conflict of laws. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/2. 5 | | | 8. | | | The power of the judicial branch to declare that laws are invalid because they violate the Constitution is known as____________________. | | | Student Response| Value| Correct Answer| Feedback| A. | Stare decisis| |   |  | B. | Res judicata| |   |  |

C. | Quasi in rem jurisdiction| |   |  | D. | Judicial review| 100% |   |  | | Score:| 2. 5/2. 5 | | | 1. | | | Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of | | | Student Response| Value| Correct Answer| Feedback| A. | Judicial restraint| |   |  | B. | Prior restraint| |   |  | C. | Stare decisis| |   |  | D. | Res judicata | 100% |   |  | Score:| 2. 5/2. 5 | | | 2. | | | If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 3. | | | Stare decisis translates as | | | Student Response| Value| Correct Answer| Feedback| A. | the thing is done that ought to be done| |   |  | B. | stand by the decision| 100% |   |  | C. | stand and be recognized| |   |  | D. | the decision of the sovereign| |   |  | | Score:| 2. 5/2. 5 | | | 4. | | The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will | | | Student Response| Value| Correct Answer| Feedback| A. | favor the government (IRS) because it is the author of the law. | |   |  | B. | look to dicta in previous cases involving the IRS. | 0% |   |  | C. | construe the punishment provision of the statute strictly in favor of Mike. |   |  | D. | refer the issue to a special master in equity. | |   |  | | Score:| 0/2. 5 | | | 5. | | | A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ___________laws. | | | Student Response| Value| Correct Answer| Feedback| A. | Substantive| |   |  | B. | Procedural| 100% |   |  | C. | Inculpatory| |   |  | D. | Judge-made| |   |  | | Score:| 2. 5/2. 5 | | | 6. | | | The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a. m. and 4:00 p. m. This is an example of an ordinance. | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 7. | | | It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 8. | | | Many areas of law important to businesses are governed by the Uniform Commercial Code. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | 1. | | | Criminal law is a subset of private law. | | Student Response| Value| Correct Answer|

False | 100% | False| | Score:| 2. 5/2. 5 | | | 2. | | |   It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 3. | | | Only decisions by the United States Supreme Court can have the status of res judicata. | | Student Response| Value| Correct Answer| True | 0% | False| | Score:| 0/2. 5 | | | 4. | | | If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 5. | | | Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 6. | | | A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 7. | | Which of the following statements about the Uniform Commercial Code (UCC) is correct? | | | Student Response| Value| Correct Answer| Feedback| A. | The UCC us a federal statute governing businesses engaged in interstate commerce. | |   |  | B. | The UCC is used only in Texas, California and Louisiana because it is based on French and Spanish civil law. | |   |  | C. | The UCC is a provision of Article I, Section 8 of the U. S. Constitution. | |   |  | D. | The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws. | 100% |   |  | Score:| 2. 5/2. 5 | | | 8. | | | A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ___________laws. | | | Student Response| Value| Correct Answer| Feedback| A. | Substantive| |   |  | B. | Procedural| 100% |   |  | C. | Inculpatory| |   |  | D. | Judge-made| |   |  | | Score:| 2. 5/2. 5 | | 1. | | |   It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | 2. | | | Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 3. | | | A state Statute of Limitations which requires that suits for breach of contract be filed within 2 years of the date of breach are examples of ___________laws. | | | Student Response| Value| Correct Answer| Feedback| A. | Substantive| |   |  | B. | Procedural| 100% |   |  | C. | Inculpatory| |   |  | D. | Judge-made| |   |  | | Score:| 2. 5/2. 5 | | | 4. | | The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will | | | Student Response| Value| Correct Answer| Feedback| A. | favor the government (IRS) because it is the author of the law. | |   |  | B. | look to dicta in previous cases involving the IRS. | |   |  | C. | construe the punishment provision of the statute strictly in favor of Mike. 100% |   |  | D. | refer the issue to a special master in equity. | |   |  | | Score:| 2. 5/2. 5 | | | 5. | | | Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 6. | | | In deciding a case, a court will not use common law if there is a statute that applies to the dispute. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/2. 5 | | | 7. | | The body of law that will be used to determine which state’s law will apply in a multi-state transaction is conflict of laws. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 8. | | | Assume that the Vermont legislature passed a bill prohibiting the sale within the state of detergents containing certain chemicals harmful to the environment. Assume further that the governor signed the bill into law. This law has the status of a(n)____________ . | | | Student Response| Value| Correct Answer| Feedback| A. | Uniform code| |   |  | B. | Ordinance| |   |  | C. Executive agency regulation| |   |  | D. | Statute| 100% |   |  | | Score:| 2. 5/2. 5 | | 1. | | | Stare decisis translates as | | | Student Response| Value| Correct Answer| Feedback| A. | the thing is done that ought to be done| |   |  | B. | stand by the decision| 100% |   |  | C. | stand and be recognized| |   |  | D. | the decision of the sovereign| |   |  | | Score:| 2. 5/2. 5 | | | 2. | | | Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. | | Student Response| Value| Correct Answer|

True | 100% | True| | Score:| 2. 5/2. 5 | | | 3. | | | One of the important powers of courts in the United States is to interpret legislation. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 4. | | | Only decisions by the United States Supreme Court can have the status of res judicata. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 2. 5/2. 5 | | | 5. | | | The Executive, Legislative, and Judicial branches of the federal government each have their own unique duties and functions. This arrangement constitutes a(n)__________separation of powers. | | Student Response| Value| Correct Answer| Feedback| A. | Vertical| |   |  | B. | Horizontal| 100% |   |  | C. | Transitional| |   |  | D. | Equitable| |   |  | | Score:| 2. 5/2. 5 | | | 6. | | | The Supreme Court case that created the doctrine of judicial review is | | | Student Response| Value| Correct Answer| Feedback| A. | Kelo v. City of New London| |   |  | B. | Roe v. Wade| |   |  | C. | Marbury v. Madison| 100% |   |  | D. | Wickard v. Filburn| |   |  | | Score:| 2. 5/2. 5 | | | 7. | | | Comments contained in judicial opinions that are not necessary to the decision of the case are called | | Student Response| Value| Correct Answer| Feedback| A. | Dicta| |   |  | B. | Res judicata| |   |  | C. | Substantive law| 0% |   |  | D. | Procedural law| |   |  | | Score:| 0/2. 5 | | | 8. | | | Codes of Ethical Conduct adopted by businesses and professions often provide for sanctions against individuals who violate the code. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | 1. | | | Which of the following statements about the Uniform Commercial Code (UCC) is correct? | | | Student Response| Value| Correct Answer| Feedback| A. The UCC us a federal statute governing businesses engaged in interstate commerce. | |   |  | B. | The UCC is used only in Texas, California and Louisiana because it is based on French and Spanish civil law. | |   |  | C. | The UCC is a provision of Article I, Section 8 of the U. S. Constitution. | |   |  | D. | The UCC consists of identical statutes enacted by the states to provide businesses with consistent and predictable laws. | 100% |   |  | | Score:| 2. 5/2. 5 | | | 2. | | | The Congress of the United States passed the Soldiers’ and Sailors’ Relief Act of 1940 and President Franklin Roosevelt signed it into law.

This Act has the status of a(n)____________. | | | Student Response| Value| Correct Answer| Feedback| A. | Uniform code| |   |  | B. | Ordinance| 0% |   |  | C. | Executive agency regulation| |   |  | D. | Statute| |   |  | | Score:| 0/2. 5 | | | 3. | | | The Internal Revenue Service (IRS) wants to fine Mike for violating a section of the Tax Code. Mike believes that the IRS is misinterpreting the Code and that he has violated no laws. The Code section is complex and its application is not clear. Using standard rules of statutory interpretation, the court that hears this case will | | Student Response| Value| Correct Answer| Feedback| A. | favor the government (IRS) because it is the author of the law. | |   |  | B. | look to dicta in previous cases involving the IRS. | |   |  | C. | construe the punishment provision of the statute strictly in favor of Mike. | 100% |   |  | D. | refer the issue to a special master in equity. | |   |  | | Score:| 2. 5/2. 5 | | | 4. | | | One of the important powers of courts in the United States is to interpret legislation. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 5. | | Many areas of law important to businesses are governed by the Uniform Commercial Code. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 6. | | |   It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 7. | | | The Supreme Court case that created the doctrine of judicial review is | | | Student Response| Value| Correct Answer| Feedback| A. | Kelo v. City of New London| |   |  | B. | Roe v.

Wade| |   |  | C. | Marbury v. Madison| 100% |   |  | D. | Wickard v. Filburn| |   |  | | Score:| 2. 5/2. 5 | | | 8. | | | Courts often use transcripts of the legislative hearings and debates that preceded a law’s passage to determine the purpose and reach of a law. This background is called a law’s legislative______________. | | | Student Response| Value| Correct Answer| Feedback| A. | Legacy| |   |  | B. | History| 100% |   |  | C. | Antecedents| |   |  | D. | Precedents| |   |  | | Score:| 2. 5/2. 5 | | | 1. | | | Which of the following statements about res judicata is correct? | | Student Response| Value| Correct Answer| Feedback| A. | It establishes a precedent that will be applied to future cases with similar fact patterns. | |   |  | B. | It is another term for dicta. | |   |  | C. | It binds the parties to the decisions in a law suit so that neither can re-litigate the case. | 100% |   |  | D. | It is the legal basis of the courts power of judicial review. | |   |  | | Score:| 2. 5/2. 5 | | | 2. | | |   It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. | | Student Response| Value| Correct Answer| True | 100% | True| Score:| 2. 5/2. 5 | | | 3. | | | Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 4. | | | Anne, a resident of New York, is suing Bill, also a resident of New York, in a contract dispute that is governed by New York state law. This controversy would be classified as a(n) __________________case. | | | Student Response| Value| Correct Answer| Feedback| A. | Interstate| |   |  | B. | Intrastate| 100% |   |  |

C. | Sited| |   |  | D. | Bifurcated| |   |  | | Score:| 2. 5/2. 5 | | | 5. | | | Courts often use transcripts of the legislative hearings and debates that preceded a law’s passage to determine the purpose and reach of a law. This background is called a law’s legislative______________. | | | Student Response| Value| Correct Answer| Feedback| A. | Legacy| |   |  | B. | History| 100% |   |  | C. | Antecedents| |   |  | D. | Precedents| |   |  | | Score:| 2. 5/2. 5 | | | 6. | | | Only decisions by the United States Supreme Court can have the status of res judicata. | | Student Response| Value| Correct Answer|

False | 100% | False| | Score:| 2. 5/2. 5 | | | 7. | | | The Supreme Court case that created the doctrine of judicial review is | | | Student Response| Value| Correct Answer| Feedback| A. | Kelo v. City of New London| |   |  | B. | Roe v. Wade| |   |  | C. | Marbury v. Madison| 100% |   |  | D. | Wickard v. Filburn| |   |  | | Score:| 2. 5/2. 5 | | | 8. | | | Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 2. 5/2. 5 | | | 1. | CH02-008| If there is diversity of citizenship, the plaintiff may file the suit in federal district court. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/1 | | | 2. | CH02-020| | Federal district courts are the only trial courts that can hear cases involving | | | Student Response| Value| Correct Answer| Feedback| A. | contract disputes between citizens of two different states. | |   |  | B. | federal crimes| 100% |   |  | C. | claims arising under the U. S. Constitution| |   |  | D. | cases involving more than $200,000 in damages| |   |  | | Score:| 1/1 | | | 3. | CH02-040| | U. S.

District Court in Vermont is hearing a case brought by a citizen of Vermont challenging the constitutionality of one of the provisions of the U. S. Patriot Act, a federal statute. In deciding this case, the court will use ______________substantive law and __________procedural law. | | | Student Response| Value| Correct Answer| Feedback| A. | Vermont--------Vermont| |   |  | B. | Vermont……. federal| |   |  | C. | federal………federal| |   |  | D. | federal………Vermont| 0% |   |  | | Score:| 0/1 | | | 4. | CH02-021| | When a federal district court hears a case based on a federal question, the minimum amount in controversy must be | | Student Response| Value| Correct Answer| Feedback| A. | $75,000| |   |  | B. | $100,000| |   |  | C. | $200,000| 0% |   |  | D. | There is no minimum amount for federal question jurisdiction. | |   |  | | Score:| 0/1 | | | 5. | CH03-031| | The first of the pleadings in a civil case is filed by the plaintiff and contains the allegations he is making against the defendant. This document is called the_________. | | | Student Response| Value| Correct Answer| Feedback| A. | Summons| |   |  | B. | Affidavit| |   |  | C. | Complaint| 100% |   |  | D. | Counterclaim| |   |  | | Score:| 1/1 | | | 6. | CH03-035| The purpose of the pre-trial conference in a civil case is to | | | Student Response| Value| Correct Answer| Feedback| A. | Add members to a class action suit| |   |  | B. | Settle a case without having to go to trial| 100% |   |  | C. | Have parties answer interrogatories| |   |  | D. | Depose witnesses| |   |  | | Score:| 1/1 | | | 7. | CH03-005| | A major purpose of discovery is to encourage the parties to settle the case without going to trial. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/1 | | | 8. | CH03-033| | Mark is suing Al for alienation of affection, claiming that Al stole his fiancee, Amy.

His state no longer recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in response to this suit? | | | Student Response| Value| Correct Answer| Feedback| A. | A default judgment| 0% |   |  | B. | An answer| |   |  | C. | A motion to dismiss| |   |  | D. | A motion for a directed verdict| |   |  | | Score:| 0/1 | | | 9. | CH03-010| | The equitable equivalent of a default judgment is a nolo contendere decree. | | Student Response| Value| Correct Answer| True | 0% | False| | Score:| 0/1 | | | 10. | CH02-017| | Which of the following is NOT a power of the courts? | | Student Response| Value| Correct Answer| Feedback| A. | To declare laws unconstitutional| 0% |   |  | B. | To interpret statutes| |   |  | C. | To create administrative agencies| |   |  | D. | To establish precedents in common law| |   |  | E. | All of the above are powers of the courts. | |   |  | | Score:| 0/1 | | | 11. | CH02-024| | Delia, a citizen of Delaware, wants to sue the state of Maryland for negligently maintaining a boat ramp on which she sustained personal injuries. In which of the following courts could Delia file suit against Maryland? | | | Student Response| Value| Correct Answer| Feedback| A. The Third Circuit Court of Appeals| |   |  | B. | The Fourth Circuit Court of Appeals| |   |  | C. | Federal District Court in Maryland| 100% |   |  | D. | State Court in Delaware. | |   |  | | Score:| 1/1 | | | 12. | CH02-013| | A person who violates a decree from a court of equity can be jailed for contempt of court. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 13. | CH03-039| | Delores is suing the CEO of a corporation in a civil suit for securities fraud which she claims he committed in the initial public offering of his company’s stock.

The burden of proof Delores must meet to prove securities fraud is | | | Student Response| Value| Correct Answer| Feedback| A. | Beyond a reasonable doubt| |   |  | B. | Beyond a shadow of a doubt. | |   |  | C. | By clear and convincing evidence| 100% |   |  | D. | By a preponderance of the evidence. | |   |  | | Score:| 1/1 | | | 14. | CH03-023| | The requirement that someone have a personal stake or interest in the outcome of a case in order to be a plaintiff is called _________________ to sue. | | | Student Response| Value| Correct Answer| Feedback| A. | Standing| 100% |   |  | B. | Validation| |   |  |

C. | Grounds| |   |  | D. | Jurisdiction| |   |  | | Score:| 1/1 | | | 15. | CH03-015| | “Clear and convincing evidence” is the easiest level of proof for a party with the burden of proof to meet. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 16. | CH02-033| | For diversity of citizenship to apply, each plaintiff must allege more than ____________in damages. | | | Student Response| Value| Correct Answer| Feedback| A. | $75,000| |   |  | B. | $100,000| |   |  | C. | $200,000| 0% |   |  | D. | There is no minimum amount for diversity jurisdiction| |   |  | Score:| 0/1 | | | 17. | CH03-021| | A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________. | | | Student Response| Value| Correct Answer| Feedback| A. | Sequestration| |   |  | B. | Venire| |   |  | C. | Venue selection| |   |  | D. | Voir dire| 100% |   |  | | Score:| 1/1 | | | 18. | CH02-031| | The term used in law to denote the power of a particular court to hear a case and render a binding decision is | | | Student Response| Value| Correct Answer| Feedback| A. | Jurisprudence| |   |  |

B. | Jurisdiction| |   |  | C. | Interlocutory competence| |   |  | D. | Vis res judicata | 0% |   |  | | Score:| 0/1 | | | 19. | CH03-014| | For every trial, there is an appeals court to which the unsuccessful party has a right of appeal, so long as the required procedure is followed. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/1 | | | 20. | CH02-026| | In deciding which cases it will hear, the United States Supreme Court | | | Student Response| Value| Correct Answer| Feedback| A. | Must hear cases referred to it by the Justice Department. | |   |  | B. Must hear cases referred to it by a state master in chancellery| |   |  | C. | Must hear cases that challenge the constitutionality of federal laws| |   |  | D. | Has virtually total discretion to decide which cases it will hear. | 100% |   |  | | Score:| 1/1 | | | | CH02-018| | An indictment is | | | Student Response| Value| Correct Answer| Feedback| A. | grand jury’s finding that there is sufficient evidence to bring someone accused of a crime to trial. | |   |  | B. | the final decree in a court of equity. | |   |  | C. | the papers served on a defendant in a civil suit notifying him that he is being sued. 0% |   |  | D. | the order of a reviewing court to a trial court to retry an issue. | |   |  | | Score:| 0/1 | | | 2. | CH02-002| | It is the function of the jury to decide the facts that are in dispute in a case. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/1 | | | 3. | CH02-016| | In a jury trial, the judge would decide questions of _______and the jury would decide questions of ________. | | | Student Response| Value| Correct Answer| Feedback| A. | fact…….. law| |   |  | B. | law……. fact| 100% |   |  | C. | fact……. precedent| |   |  | D. | law……. precedent| |   |  | Score:| 1/1 | | | 4. | CH03-024| | Dan Defendant has a $100,000 judgment against him and he wants to appeal the decision. Which of the following statements about the appeals process is false ? | | | Student Response| Value| Correct Answer| Feedback| A. | Dan is the appellant| |   |  | B. | Dan must file a notice of appeal within a prescribed time. | |   |  | C. | Dan must post a bond to cover the judgment and court costs. | |   |  | D. | Dan must submit a brief and a transcript of the trial| 0% |   |  | E. | There are no wrong answers: a, b, and c are all true. | |   |  | | Score:| 0/1 | | 5. | CH03-021| | A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________. | | | Student Response| Value| Correct Answer| Feedback| A. | Sequestration| |   |  | B. | Venire| |   |  | C. | Venue selection| |   |  | D. | Voir dire| 100% |   |  | | Score:| 1/1 | | | 6. | CH03-032| | Minimum contacts is used to determine which of the following? | | | Student Response| Value| Correct Answer| Feedback| A. | If a named plaintiff fairly represents all the members of a class action suit. | |   |  | B. If the plaintiff has sufficient dealings with a state to use the courts as a plaintiff. | 0% |   |  | C. | If the defendant has sufficient dealings with a state that it would be fair to require him to defend a suit there. | |   |  | D. | If the defendants lawyer has made the required number of motions in the case. | |   |  | | Score:| 0/1 | | | 7. | CH03-017| | The party who lost at trial and files an appeal is called the_____________. | | | Student Response| Value| Correct Answer| Feedback| A. | Appellant| |   |  | B. | Appellee| |   |  | C. | Petitioner| 0% |   |  | D. | Plaintiff| |   |  | | Score:| 0/1 | | 8. | CH03-004| | In a criminal case, the state has the burden to convince jurors of the defendant’s guilt “ beyond a shadow of a doubt. ” | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 9. | CH02-023| | The function of a petit jury is to | | | Student Response| Value| Correct Answer| Feedback| A. | Decide if there is enough evidence to send a case to the grand jury. | |   |  | B. | Decide if there is enough evidence to decide the case on summary judgment. | |   |  | C. | Decide whether a civil defendant is liable and whether a criminal defendant is guilty. |   |  | D. | Decide if there is sufficient evidence to bring an indictment against a criminal defendant. | 0% |   |  | | Score:| 0/1 | | | 10. | CH02-037| | Whether a suit is filed “at law” or “in equity” depends on which of the following? | | | Student Response| Value| Correct Answer| Feedback| A. | The amount of money in dispute| |   |  | B. | The remedy the plaintiff is seeking| |   |  | C. | Whether or not the statute of limitations has expired| |   |  | D. | Whether or not the parties are from different states. | 0% |   |  | | Score:| 0/1 | | | 11. | CH03-001| A plaintiff must have minimum contacts with a state in order to file suit there. | | Student Response| Value| Correct Answer| True | 0% | False| | Score:| 0/1 | | | 12. | CH02-020| | Federal district courts are the only trial courts that can hear cases involving | | | Student Response| Value| Correct Answer| Feedback| A. | contract disputes between citizens of two different states. | |   |  | B. | federal crimes| 100% |   |  | C. | claims arising under the U. S. Constitution| |   |  | D. | cases involving more than $200,000 in damages| |   |  | | Score:| 1/1 | | | 13. | CH02-012| When the Supreme Court agrees to hear a case it issues a writ of execution. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 14. | CH03-026| | Judge Roe rendered a verdict for the defendant before trial. It was a suit for breach of contract and the judge used the complaint and answer, the contract, and sworn affidavits to determine that there were no facts in dispute to put before a jury. Judge Roe granted a motion for a(n)_________________. | | | Student Response| Value| Correct Answer| Feedback| A. | Judgment on the pleadings| |   |  | B. | Summary judgment| |   |  | C. Directed verdict| 0% |   |  | D. | Judgment notwithstanding the verdict| |   |  | | Score:| 0/1 | | | 15. | CH02-032| | The need to go to different courts for legal and equitable remedies can be traced to | | | Student Response| Value| Correct Answer| Feedback| A. | The early English court system. | |   |  | B. | The Code of Napoleon| |   |  | C. | Article II of the Constitution| 0% |   |  | D. | The Articles of Confederation| |   |  | | Score:| 0/1 | | | 16. | CH02-029| | Which of the following statements about the role of juries in cases in equity is correct? | | | Student Response| Value| Correct Answer| Feedback| A. The constitution guarantees the right to a jury trial in equity. | |   |  | B. | Twelve chancellors sit as a jury in equity cases. | |   |  | C. | Twelve masters in chancellery sit as a jury in equity cases. | 0% |   |  | D. | Juries in equity cases have only an advisory role and cannot decide the outcome of a case. | |   |  | | Score:| 0/1 | | | 17. | CH02-034| | Which of the following is a remedy available “at law”? | | | Student Response| Value| Correct Answer| Feedback| A. | Monetary damages| |   |  | B. | An injunction| |   |  | C. | A order to rescind a contract| |   |  | D. All of the above are remedies available for a plaintiff who proceed “ at law. ”| 0% |   |  | | Score:| 0/1 | | | 18. | CH02-008| | If there is diversity of citizenship, the plaintiff may file the suit in federal district court. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 19. | CH02-001| | Justices serve on final reviewing courts while judges serve on trial and intermediate level courts. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 20. | CH02-026| | In deciding which cases it will hear, the United States Supreme Court | | Student Response| Value| Correct Answer| Feedback| A. | Must hear cases referred to it by the Justice Department. | |   |  | B. | Must hear cases referred to it by a state master in chancellery| |   |  | C. | Must hear cases that challenge the constitutionality of federal laws| 0% |   |  | D. | Has virtually total discretion to decide which cases it will hear. | |   |  | | Score:| 0/1 | | 1. | CH03-015| | “Clear and convincing evidence” is the easiest level of proof for a party with the burden of proof to meet. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 2. CH02-015| | The number of Supreme Court justices who must agree to accept a case is 5. | | Student Response| Value| Correct Answer| True | 0% | False| | Score:| 0/1 | | | 3. | CH03-035| | The purpose of the pre-trial conference in a civil case is to | | | Student Response| Value| Correct Answer| Feedback| A. | Add members to a class action suit| |   |  | B. | Settle a case without having to go to trial| 100% |   |  | C. | Have parties answer interrogatories| |   |  | D. | Depose witnesses| |   |  | | Score:| 1/1 | | | 4. | CH02-012| | When the Supreme Court agrees to hear a case it issues a writ of execution. | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 5. | CH03-040| | What is the name of the motion that may be made by either side during a trial asking the judge to decide the case in its favor as a matter of law because no facts have been introduced at trial supporting the claim of the other party? | | | Student Response| Value| Correct Answer| Feedback| A. | Motion for a directed verdict| |   |  | B. | Motion for a summary judgment| |   |  | C. | Motion for a judgment on the pleadings| |   |  | D. | Motion for a judgment notwithstanding the verdict. | 0% |   |  | Score:| 0/1 | | | 6. | CH03-033| | Mark is suing Al for alienation of affection, claiming that Al stole his fiancee, Amy. His state no longer recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in response to this suit? | | | Student Response| Value| Correct Answer| Feedback| A. | A default judgment| |   |  | B. | An answer| |   |  | C. | A motion to dismiss| 100% |   |  | D. | A motion for a directed verdict| |   |  | | Score:| 1/1 | | | 7. | CH02-007| | Scooter was indicted for committing a federal crime. He can be tried only in federal district court. | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 8. | CH02-016| | In a jury trial, the judge would decide questions of _______and the jury would decide questions of ________. | | | Student Response| Value| Correct Answer| Feedback| A. | fact…….. law| |   |  | B. | law……. fact| 100% |   |  | C. | fact……. precedent| |   |  | D. | law……. precedent| |   |  | | Score:| 1/1 | | | 9. | CH03-037| | Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into him in a busy intersection.

Ben must convince the jury that the light was red and that his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find him liable? | | | Student Response| Value| Correct Answer| Feedback| A. | Beyond a reasonable doubt| |   |  | B. | Beyond a shadow of a doubt| |   |  | C. | By clear and convincing evidence| 0% |   |  | D. | By a preponderance of the evidence. | |   |  | | Score:| 0/1 | | | 10. | CH03-021| | A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________. | | Student Response| Value| Correct Answer| Feedback| A. | Sequestration| |   |  | B. | Venire| |   |  | C. | Venue selection| |   |  | D. | Voir dire| 100% |   |  | | Score:| 1/1 | | | 11. | CH02-040| | U. S. District Court in Vermont is hearing a case brought by a citizen of Vermont challenging the constitutionality of one of the provisions of the U. S. Patriot Act, a federal statute. In deciding this case, the court will use ______________substantive law and __________procedural law. | | | Student Response| Value| Correct Answer| Feedback| A. | Vermont--------Vermont| |   |  | B. | Vermont……. federal| |   |  | C. federal………federal| 100% |   |  | D. | federal………Vermont| |   |  | | Score:| 1/1 | | | 12. | CH02-027| | When the U. S. Supreme Court agrees to hear a case, it issues a writ of________. | | | Student Response| Value| Correct Answer| Feedback| A. | Acceptance| |   |  | B. | Certiorari| 100% |   |  | C. | Nolo contendere| |   |  | D. | Percipiari| |   |  | | Score:| 1/1 | | | 13. | CH03-039| | Delores is suing the CEO of a corporation in a civil suit for securities fraud which she claims he committed in the initial public offering of his company’s stock. The burden of proof Delores must meet to prove securities fraud is | | Student Response| Value| Correct Answer| Feedback| A. | Beyond a reasonable doubt| |   |  | B. | Beyond a shadow of a doubt. | |   |  | C. | By clear and convincing evidence| 100% |   |  | D. | By a preponderance of the evidence. | |   |  | | Score:| 1/1 | | | 14. | CH03-009| | The party who loses at trial and brings an appeal is called the appellee. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 15. | CH03-018| | The document issued by a court directing a defendant to appear in court in response to a suit filed against him is a(n)_______________. | | Student Response| Value| Correct Answer| Feedback| A. | Summons| 100% |   |  | B. | Complaint| |   |  | C. | Answer| |   |  | D. | Affidavit| |   |  | | Score:| 1/1 | | | 16. | CH02-022| | The function of the grand jury is to | | | Student Response| Value| Correct Answer| Feedback| A. | decide the guilt or innocence of a criminal defendant. | |   |  | B. | decide the liability of a defendant in a civil suit. | |   |  | C. | determine if there is sufficient evidence to decide the case on summary judgment. | 0% |   |  | D. | determine if there is sufficient evidence to bring someone accused of a crime to trial. |   |  | | Score:| 0/1 | | | 17. | CH03-006| | A judge has the power to render a judgment that differs from the jury’s verdict if s(he) believes the verdict was against the weight of the evidence. | | Student Response| Value| Correct Answer| not answered | 0% | True| | Score:| 0/1 | | | 18. | CH02-006| | It is the function of a grand jury to determine the guilt or innocence of a defendant in a capital case. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 19. | CH03-024| | Dan Defendant has a $100,000 judgment against him and he wants to appeal the decision.

Which of the following statements about the appeals process is false ? | | | Student Response| Value| Correct Answer| Feedback| A. | Dan is the appellant| |   |  | B. | Dan must file a notice of appeal within a prescribed time. | |   |  | C. | Dan must post a bond to cover the judgment and court costs. | |   |  | D. | Dan must submit a brief and a transcript of the trial| |   |  | E. | There are no wrong answers: a, b, and c are all true. | 100% |   |  | | Score:| 1/1 | | | 20. | CH03-032| | Minimum contacts is used to determine which of the following? | | | Student Response| Value| Correct Answer| Feedback| A. If a named plaintiff fairly represents all the members of a class action suit. | |   |  | B. | If the plaintiff has sufficient dealings with a state to use the courts as a plaintiff. | |   |  | C. | If the defendant has sufficient dealings with a state that it would be fair to require him to defend a suit there. | 100% |   |  | D. | If the defendants lawyer has made the required number of motions in the case. | |   |  | | Score:| 1/1 | | 1. | CH03-016| | The party who files a civil suit at law is called the_____________. | | | Student Response| Value| Correct Answer| Feedback| A. | Appellant| |   |  |

B. | Appellee| |   |  | C. | Petitioner| 0% |   |  | D. | Plaintiff| |   |  | | Score:| 0/1 | | | 2. | CH02-015| | The number of Supreme Court justices who must agree to accept a case is 5. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 3. | CH03-035| | The purpose of the pre-trial conference in a civil case is to | | | Student Response| Value| Correct Answer| Feedback| A. | Add members to a class action suit| |   |  | B. | Settle a case without having to go to trial| 100% |   |  | C. | Have parties answer interrogatories| |   |  | D. | Depose witnesses| |   |  | |

Score:| 1/1 | | | 4. | CH03-023| | The requirement that someone have a personal stake or interest in the outcome of a case in order to be a plaintiff is called _________________ to sue. | | | Student Response| Value| Correct Answer| Feedback| A. | Standing| 100% |   |  | B. | Validation| |   |  | C. | Grounds| |   |  | D. | Jurisdiction| |   |  | | Score:| 1/1 | | | 5. | CH02-004| | Customers who want to sue businesses for damaged goods or poor services often choose small claims court. | | Student Response| Value| Correct Answer| False | 0% | True| | Score:| 0/1 | | | 6. | CH02-018| | An indictment is | | Student Response| Value| Correct Answer| Feedback| A. | grand jury’s finding that there is sufficient evidence to bring someone accused of a crime to trial. | 100% |   |  | B. | the final decree in a court of equity. | |   |  | C. | the papers served on a defendant in a civil suit notifying him that he is being sued. | |   |  | D. | the order of a reviewing court to a trial court to retry an issue. | |   |  | | Score:| 1/1 | | | 7. | CH02-013| | A person who violates a decree from a court of equity can be jailed for contempt of court. | | Student Response| Value| Correct Answer| True | 100% | True| Score:| 1/1 | | | 8. | CH02-020| | Federal district courts are the only trial courts that can hear cases involving | | | Student Response| Value| Correct Answer| Feedback| A. | contract disputes between citizens of two different states. | |   |  | B. | federal crimes| 100% |   |  | C. | claims arising under the U. S. Constitution| |   |  | D. | cases involving more than $200,000 in damages| |   |  | | Score:| 1/1 | | | 9. | CH02-025| | Diversity of citizenship gives the defendant the right to | | | Student Response| Value| Correct Answer| Feedback| A. | File a counterclaim in a court of equity. |   |  | B. | File an appeal without having to post a bond| |   |  | C. | Have a suit filed in state court removed to federal court| 100% |   |  | D. | Have a suit filed in federal court removed to state court. | |   |  | | Score:| 1/1 | | | 10. | CH02-032| | The need to go to different courts for legal and equitable remedies can be traced to | | | Student Response| Value| Correct Answer| Feedback| A. | The early English court system. | 100% |   |  | B. | The Code of Napoleon| |   |  | C. | Article II of the Constitution| |   |  | D. | The Articles of Confederation| |   |  | | Score:| 1/1 | | | 11. CH03-018| | The document issued by a court directing a defendant to appear in court in response to a suit filed against him is a(n)_______________. | | | Student Response| Value| Correct Answer| Feedback| A. | Summons| 100% |   |  | B. | Complaint| |   |  | C. | Answer| |   |  | D. | Affidavit| |   |  | | Score:| 1/1 | | | 12. | CH03-019| | Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. These are known as _______________challenges(or strikes. ) | | | Student Response| Value| Correct Answer| Feedback| A. | For cause| |   |  | B. Discriminatory| |   |  | C. | Peremptory| 100% |   |  | D. | Diversity| |   |  | | Score:| 1/1 | | | 13. | CH03-029| | Mary, a resident of California, is outraged that the U. S. Navy allows civilians on board submarines and believes that this practice, along with the captain’s negligence, was responsible for the 2001 sinking of a Japanese boat in the waters around Hawaii. She has filed suit in federal district in Hawaii against the Captain and the Secretary of the Navy. Mary is just a concerned citizen and is not related to anyone aboard either the sub or the Japanese boat. The most likely result of her suit is: | | Student Response| Value| Correct Answer| Feedback| A. | The court will hear the case because diversity requirements were met. | |   |  | B. | The court will dismiss the case because Mary lacks standing to sue. | 100% |   |  | C. | The court will dismiss the case because Mary lacks sufficient contacts with Hawaii to be a plaintiff there. | |   |  | D. | The court will refer the case to state court in Hawaii| |   |  | | Score:| 1/1 | | | 14. | CH03-017| | The party who lost at trial and files an appeal is called the_____________. | | | Student Response| Value| Correct Answer| Feedback| A. Appellant| 100% |   |  | B. | Appellee| |   |  | C. | Petitioner| |   |  | D. | Plaintiff| |   |  | | Score:| 1/1 | | | 15. | CH03-030| | Sue, a resident of Somerset County, Maryland, and David, a resident of Broome County, New York, are fighting over land located in Sussex County, Delaware. Under traditional rules of venue, the trial to determine ownership would take place in | | | Student Response| Value| Correct Answer| Feedback| A. | Somerset County only| |   |  | B. | Broome County only| |   |  | C. | Somerset County or Broome County, at the option of the plaintiff. | |   |  | D. | Sussex County| 100% |   |  | Score:| 1/1 | | | 16. | CH03-027| | If the defendant does not file an answer or other response to a civil complaint, the judge will award the plaintiff whatever damages he asked for in a _______________judgment. | | | Student Response| Value| Correct Answer| Feedback| A. | Default| 100% |   |  | B. | Demand| |   |  | C. | Demurrer| |   |  | D. | Dismissed| |   |  | | Score:| 1/1 | | | 17. | CH03-034| | The assembled group of people from which a trial jury will be selected is called the ___________. | | | Student Response| Value| Correct Answer| Feedback| A. | Venue| |   |  | B. | Venire| |   |  | C. Voir dire| |   |  | D. | Voce popularum| 0% |   |  | | Score:| 0/1 | | | 18. | CH02-014| | Only the United States Supreme Court can issue an interlocutory decree. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 19. | CH03-005| | A major purpose of discovery is to encourage the parties to settle the case without going to trial. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 20. | CH03-031| | The first of the pleadings in a civil case is filed by the plaintiff and contains the allegations he is making against the defendant.

This document is called the_________. | | | Student Response| Value| Correct Answer| Feedback| A. | Summons| |   |  | B. | Affidavit| |   |  | C. | Complaint| 100% |   |  | D. | Counterclaim| |   |  | | Score:| 1/1 | | 1. | CH02-001| | Justices serve on final reviewing courts while judges serve on trial and intermediate level courts. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 2. | CH03-003| | Peremptory challenges (or strikes) may not be based on race or gender. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 3. CH02-002| | It is the function of the jury to decide the facts that are in dispute in a case. | | Student Response| Value| Correct Answer| True | 100% | True| | Score:| 1/1 | | | 4. | CH02-006| | It is the function of a grand jury to determine the guilt or innocence of a defendant in a capital case. | | Student Response| Value| Correct Answer| False | 100% | False| | Score:| 1/1 | | | 5. | CH03-018| | The document issued by a court directing a defendant to appear in court in response to a suit filed against him is a(n)_______________. | | | Student Response| Value| Correct Answer| Feedback| A. Summons| 100% |   |  | B. | Complaint| |   |  | C. | Answer| |   |  | D. | Affidavit| |   |  | | Score:| 1/1 | | | 6. | CH03-026| | Judge Roe rendered a verdict for the defendant before trial. It was a suit for breach of contract and the judge used the complaint and answer, the contract, and sworn affidavits to determine that there were no facts in dispute to put before a jury. Judge Roe granted a motion for a(n)_________________. | | | Student Response| Value| Correct Answer| Feedback| A. | Judgment on the pleadings| |   |  | B. | Summary judgment| 100% |   |  |

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