Homework Sourse1 Aprils attorney informs her that theyve been served with i
1. April\'s attorney informs her that they\'ve been served with interrogatories. Which of the following is true?
A. April\'s attorney will have to answer questions under oath about the case. B. April will have to answer questions under oath about the case. C. April will be required to submit to a physical examination. D. April will be required to make oral statements in front of a court stenographer.
2. Rachel\'s lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case involves
A. an appellate court. B. judicial interpretation of a statute with ambiguous and unclear language. C. common law. D. constitutionality of a statute, administrative regulation, or executive action.
3. Karen sues Ted, claiming that under an interpretation of law given in a previously decided case, Karen should win. If so, on which of the following concepts is Karen relying?
A. Stare decisis B. Devolution doctrine C. Preemption D. Judicial review
4. Antonio\'s attorney proves that there\'s no issue of any material fact, and the attorney would like to ask the court for an immediate judgment favorable to Antonio. Antonio\'s attorney should file a/an
A. writ of execution. B. injunction. C. summary judgment motion. D. answer.
5. George and Tanya are in a legal dispute. However, they\'re friends, and they would like to control the outcome of the case rather than letting a judge or other third-party decide it. What is their best ADR option?
A. Private civil trial B. ADR contract clause C. Mediation D. Binding arbitration
6. The police catch Matthew in the act of committing a crime. The likely order of the stages of Matthew\'s criminal case is
A. arrest, formal charge, arraignment, preliminary hearing, and trial. B. arraignment, formal charge, arrest, preliminary hearing, and trial. C. arrest, arraignment, formal charge, preliminary hearing, and trial. D. arrest, preliminary hearing, formal charge, arraignment, and trial.
7. An advantage of ADR is that it
A. improves the discovery process. B. saves time and money. C. promotes the development of the law. D. effectively handles constitutional law.
8. Vera runs a cosmetics company. A federal agency is considering adopting a rule that would adversely affect Vera\'s business. Vera may have input on the agency\'s decision if the agency uses the ADR technique called
A. arbitration. B. science court. C. med-arb. D. negotiated rule making.
9. Which type of ADR involves time limits on presentations?
A. Mediation B. Summary jury trials C. Med-arb D. Early neutral evaluation
10. John sues Sally under a statute that has ambiguous language. Which of the following is true?
A. A legislative body will have to clarify the statute before the court can apply it to John\'s case. B. John will have to find a different legal basis for his claim. C. The statute is invalid because of the ambiguous language. D. The court will interpret the statute to resolve the ambiguity.
11. Phillip and Lori have a two-car accident in Tennessee. Both of them reside in Tennessee. Phillip will be able to sue Lori in Tennessee federal court
A. if his damages exceed $75,000. B. if the case involves application of federal law. C. under no circumstances. D. if his damages are extraordinary.
12. David was filing his income tax return when he learned that the IRS now requires taxpayers to file several new forms. David believes that the IRS can\'t require him to file these forms and that only Congress can do that. Which of the following is true?
A. David doesn\'t have to file the forms unless Congress approves them. B. David has to file the forms because agencies have the power to adopt binding regulations. C. David has to file the forms because only agencies have the power to adopt statutes. D. David doesn\'t have to file the forms because agencies have the power to adopt only nonbinding regulations.
13. Big Factory, Inc., and Save the Environment, an environmental group, have a dispute over whether making Big Factory, Inc., use certain expensive antipollution devices would contribute significantly to improving air quality. A type of ADR especially suited to this dispute is
A. science court. B. partnering. C. private civil trial. D. summary jury trial.
14. Donovan, like thousands of other people, was injured by an over-the-counter cold medicine that caused his hair to fall out. Even though his hair has grown back, he wants to sue. His lawyer advises that doing so would be expensive and not cost-effective, given the small amount of damage that temporary hair loss caused Donovan and other people like him. Donovan and others in his situation can make a lawsuit costeffective by filing
A. a small-claims lawsuit. B. a class action lawsuit. C. in state court. D. in federal court.
15. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey\'s statute unconstitutional. Carl is wrong because
A. more than one court has to rule a certain way before precedent is established. B. only federal courts can create binding precedent. C. out-of-state cases aren\'t binding precedent in state courts. D. state courts aren\'t bound by precedent.
16. Ben sues Fiona. The court that initially tries the case necessarily will not have __________ jurisdiction.
A. subject matter B. appellate C. original D. personal
17. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?
A. Article 6 B. Article 3 C. The amendments D. Article 1
18. Miguel, an Idaho resident, sues Kurt, an Alabama resident, in Idaho state court. Miguel\'s lawyer warns Miguel that the Idaho court may be unable to exercise authority over Kurt. This suggests that there may be a problem obtaining __________ jurisdiction.
A. personal B. subject matter C. original D. general
19. The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe\'s state, which is also where the transaction took place. Whether Joe wins or loses depends on
A. whether members of the commission that drafted the revision were from Joe\'s state. B. which version of the UCC the judge thinks is most equitable. C. which version of the UCC has been adopted by the legislature in Joe\'s state. D. which party stands to gain the most from the lawsuit.
20. Scott seeks a type of ADR that will end his case, one way or the other. His best choice is
A. summary jury trial. B. binding arbitration. C. early neutral evaluation. D. mediation.
Solution
1. April\'s attorney informs her that they\'ve been served with interrogatories. Which of the following is true?
A. April\'s attorney will have to answer questions under oath about the case. B. April will have to answer questions under oath about the case. C. April will be required to submit to a physical examination. D. April will be required to make oral statements in front of a court stenographer.
Answer: B. April will have to answer questions under oath about the case.
2. Rachel\'s lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case involves
A. an appellate court. B. judicial interpretation of a statute with ambiguous and unclear language. C. common law. D. constitutionality of a statute, administrative regulation, or executive action.
Answer: A. an appellate court
3. Karen sues Ted, claiming that under an interpretation of law given in a previously decided case, Karen should win. If so, on which of the following concepts is Karen relying?
A. Stare decisis B. Devolution doctrine C. Preemption D. Judicial review
Answer: C. Preemption
4. Antonio\'s attorney proves that there\'s no issue of any material fact, and the attorney would like to ask the court for an immediate judgment favorable to Antonio. Antonio\'s attorney should file a/an
A. writ of execution. B. injunction. C. summary judgment motion. D. answer.
Answer: B. injunction
5. George and Tanya are in a legal dispute. However, they\'re friends, and they would like to control the outcome of the case rather than letting a judge or other third-party decide it. What is their best ADR option?
A. Private civil trial B. ADR contract clause C. Mediation D. Binding arbitration
Answer:C. Mediation
6. The police catch Matthew in the act of committing a crime. The likely order of the stages of Matthew\'s criminal case is
A. arrest, formal charge, arraignment, preliminary hearing, and trial. B. arraignment, formal charge, arrest, preliminary hearing, and trial. C. arrest, arraignment, formal charge, preliminary hearing, and trial. D. arrest, preliminary hearing, formal charge, arraignment, and trial.
Answer: A. arrest, formal charge, arraignment, preliminary hearing, and trial.
7. An advantage of ADR is that it
A. improves the discovery process. B. saves time and money. C. promotes the development of the law. D. effectively handles constitutional law.
Answer: A. improves the discovery process
8. Vera runs a cosmetics company. A federal agency is considering adopting a rule that would adversely affect Vera\'s business. Vera may have input on the agency\'s decision if the agency uses the ADR technique called
A. arbitration. B. science court. C. med-arb. D. negotiated rule making.
Answer: C. med-arb
9. Which type of ADR involves time limits on presentations?
A. Mediation B. Summary jury trials C. Med-arb D. Early neutral evaluation
Answer: B. Summary jury trials
10. John sues Sally under a statute that has ambiguous language. Which of the following is true?
A. A legislative body will have to clarify the statute before the court can apply it to John\'s case. B. John will have to find a different legal basis for his claim. C. The statute is invalid because of the ambiguous language. D. The court will interpret the statute to resolve the ambiguity.
Answer: . John will have to find a different legal basis for his claim.
11. Phillip and Lori have a two-car accident in Tennessee. Both of them reside in Tennessee. Phillip will be able to sue Lori in Tennessee federal court
A. if his damages exceed $75,000. B. if the case involves application of federal law. C. under no circumstances. D. if his damages are extraordinary.
Answer: B. if the case involves application of federal law
12. David was filing his income tax return when he learned that the IRS now requires taxpayers to file several new forms. David believes that the IRS can\'t require him to file these forms and that only Congress can do that. Which of the following is true?
A. David doesn\'t have to file the forms unless Congress approves them. B. David has to file the forms because agencies have the power to adopt binding regulations. C. David has to file the forms because only agencies have the power to adopt statutes. D. David doesn\'t have to file the forms because agencies have the power to adopt only nonbinding regulations.
Answer: D. David doesn\'t have to file the forms because agencies have the power to adopt only nonbinding regulations.
13. Big Factory, Inc., and Save the Environment, an environmental group, have a dispute over whether making Big Factory, Inc., use certain expensive antipollution devices would contribute significantly to improving air quality. A type of ADR especially suited to this dispute is
A. science court. B. partnering. C. private civil trial. D. summary jury trial.
Answer: C. private civil trial.
14. Donovan, like thousands of other people, was injured by an over-the-counter cold medicine that caused his hair to fall out. Even though his hair has grown back, he wants to sue. His lawyer advises that doing so would be expensive and not cost-effective, given the small amount of damage that temporary hair loss caused Donovan and other people like him. Donovan and others in his situation can make a lawsuit costeffective by filing
A. a small-claims lawsuit. B. a class action lawsuit. C. in state court. D. in federal court.
Answer: C. in state court.
15. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey\'s statute unconstitutional. Carl is wrong because
A. more than one court has to rule a certain way before precedent is established. B. only federal courts can create binding precedent. C. out-of-state cases aren\'t binding precedent in state courts. D. state courts aren\'t bound by precedent.
Answer: B. only federal courts can create binding precedent.
16. Ben sues Fiona. The court that initially tries the case necessarily will not have __________ jurisdiction.
A. subject matter B. appellate C. original D. personal
Answer: B. appellate
17. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?
A. Article 6 B. Article 3 C. The amendments D. Article 1
Answer: C. The amendments
18. Miguel, an Idaho resident, sues Kurt, an Alabama resident, in Idaho state court. Miguel\'s lawyer warns Miguel that the Idaho court may be unable to exercise authority over Kurt. This suggests that there may be a problem obtaining __________ jurisdiction.
A. personal B. subject matter C. original D. general
Answer: C. original
19. The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe\'s state, which is also where the transaction took place. Whether Joe wins or loses depends on
A. whether members of the commission that drafted the revision were from Joe\'s state. B. which version of the UCC the judge thinks is most equitable. C. which version of the UCC has been adopted by the legislature in Joe\'s state. D. which party stands to gain the most from the lawsuit.
Answer:
C. which version of the UCC has been adopted by the legislature in Joe\'s state
20. Scott seeks a type of ADR that will end his case, one way or the other. His best choice is
A. summary jury trial. B. binding arbitration. C. early neutral evaluation. D. mediation.
Answer: B. binding arbitration.
