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Question 55 1 points Save Cases involving disputes between citizens of different states are commonly referred to as: diversity of jurisdiction cases...

Question 55 1 points Save
Cases involving disputes between citizens of different states are commonly referred to as:
a. diversity of jurisdiction cases
b. diversity of citizenship cases
c. diversity of remuneration cases
d. diversity of statehood cases
e. diversity of subject matter cases


Question 56 1 points Save
If Congress imposes a regulation on business, the states:
a. may not have any regulations in the same area of concern
b. may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the state
c. usually may add rules that strengthen the impact of the federal rule inside the state
d. usually may pass rules that would reduce the effect of the federal rule inside the state, if proper due to local particular conditions
e. none of the above


Question 57 1 points Save
The legal process that resolves disputes among persons, businesses, and governments is known as:
a. appellate jurisdiction
b. criminal procedure
c. civil litigation
d. general jurisdiction
e. limited jurisdiction


Question 58 1 points Save
Which of these issues may impact a company's operations?
a. international issues
b. political issues
c. ethical issues
d. legal issues
e. all of these issues


Question 59 1 points Save
Subject-matter jurisdiction is:
a. created by a constitution or statute on the disputes a court can resolve
b. relevant in civil litigation but not in criminal litigation
c. voided upon appeal to the appropriate court of appeals
d. also referred to as trial de novo
e. applied to administrative agencies but not to state or federal trial courts


Question 60 1 points Save
Less serious crimes, punishable by fine or imprisonment for less than a year, are classified as:
a. torts
b. misdemeanors
c. fraud
d. negligence
e. procedural violations


Question 61 1 points Save
In Japan, as compared to the U.S., administrative agencies exert:
a. strong regulatory control over business
b. a weak force over the activities of businesses
c. only warnings to businesses
d. only highly formalized suggestions to businesses
e. none of the above


Question 62 1 points Save
A major purpose of pretrial conferences is to:
a. simplify issues and plan the course of the trial
b. continue the discovery process through the trial stage
c. restrict the role of the judge in the settlement process
d. provide plaintiffs with smaller awards
e. none of the above


Question 63 1 points Save
States have the power to impose:
a. whatever taxes they need
b. taxes that do not impede interstate commerce
c. only taxes that impact interstate commerce
d. taxes against foreign corporations
e. taxes against all producers of harmful goods


Question 64 1 points Save
The party who is sued in a law suit is the:
a. state.
b. defendant.
c. plaintiff.
d. judge.
e. bailiff.


Question 65 1 points Save
State courts such as municipal courts or probate courts are called courts of:
a. appellate jurisdiction
b. limited or special jurisdiction
c. general jurisdiction
d. small claims
e. none of the above


Question 66 1 points Save
If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:
a. evidence beyond a reasonable doubt
b. substantive evidence
c. the preponderance of the evidence
d. civil evidence
e. none of the above


Question 67 1 points Save
Jane wants to sue Bob in a Virginia state court. Bob is a resident of Texas. Which of the following method may Jane use to get jurisdiction in Virginia over the person of Bob?
a. She can have the Virginia police arrest Bob in Texas and return him to Virginia.
b. She can trick Bob into coming to Virginia by having a friend tell Bob that he has won $10,000 and must pick up the money in person in Alexandria. When he arrives, she can have him served with a summons.
c. Jane could have Bob served with a summons while he is driving through Virginia on his way to visit friends in Baltimore, Maryland.
d. Jane can have Bob served with a summons in Texas, demanding his appearance in Virginia court.
e. Jane cannot serve Bob with a summons because he is not a resident of Virginia


Question 68 1 points Save
Service of process (summons) is traditionally achieved by:
a. long-arm statute
b. service in absentia
c. personal service
d. publication
e. substituted service


Question 69 1 points Save
In an orderly society, law and the legal system serve to:
a. influence the behavior of members of society.
b. resolve disputes.
c. maintain the important values of society
d. provide a way for important social changes to take effect.
e. all of the above.


Question 70 1 points Save
State courts do not have jurisdiction in which of the following situations?
a. Plaintiff and defendant both live in the same state, and the dispute involves state law.
b. Plaintiff lives in State A and defendant lives State B, and the matter involves state law.
c. Plaintiff lives in State A and defendant lives State B, the matter involves state law, and the amount in controversy is less than $75,000.
d. Plaintiff 1 lives in State A, Plaintiff 2 lives in State B, and the defendant lives in State B; and the dispute involves state law.
e. Plaintiff lives in State A and defendant lives State B, and the dispute involves federal law.


Question 71 1 points Save
After DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge denies the motion. The next step in the trial is that the attorney:
a. for DeepBlue presents a closing argument
b. for DeepBlue presents her expert witnesses
c. for Paul's instructs the jury
d. for Paul's presents his case
e. for Paul's moves for a mistrial


Question 72 1 points Save
According to the Federal Arbitration Act:
a. parties must always use arbitration before going to court
b. arbitration is not recognized by the government
c. arbitration is allowed only for claims under $75,000
d. arbitration must be pre-approved by a court
e. courts must uphold agreements to arbitrate


Question 73 1 points Save
A summary jury trial:
a. is the jury equivalent of a minitrial
b. involves a judge giving the jury abbreviated instructions on the law
c. begins with the selection of six advisory jurors
d. involves a short presentation, by each side, of their case
e. all of the above are true


Question 74 1 points Save
A party seeking further review from the highest state court may seek review from:
a. the federal district court in that district
b. the federal appeals court in that district
c. a panel of state supreme court justices from surrounding states
d. the U.S. Supreme Court
e. may not seek any further review


Question 75 1 points Save
Which sanction is not available to any federal regulatory agency?
a. imposition of a fine
b. revocation or suspension of a license
c. assessment for damages
d. destruction or seizing property
e. all of the above are available


Question 76 1 points Save
If there has been a lot of publicity surrounding a case, the defendant may request:
a. a declaration of forum non conveniens
b. a determination of concurrent jurisdiction
c. a conflict-of-law ruling
d. a change of venue
e. none of the above


Question 77 1 points Save
After the discovery is complete, if there has been no dismissal, summary judgement, or settlement, the dispute is set for________.
a. trial
b. jury for deliberation
c. the judge for determination
d. final arguments
e. none of the above


Question 78 1 points Save
Which of the following statements is correct?
a. The way the Supreme Court interprets the Constitution changes over time.
b. There have been no amendments to the Constitution since the 1930s.
c. All Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights.
d. The interpretation of the Constitution by the Supreme Court has not changed in 200 years.
e. None of the above


Question 79 1 points Save
Which of the following statements is true?
a. law imposes structure on society by limiting activities that hurt the "public interest"
b. the sale of marijuana is illegal worldwide
c. the sale of alcoholic beverages is legal worldwide
d. the law does not apply to individuals; only to society as a whole
e. all of the above are true

Question 80 1 points Save
An opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a:
a. majority opinion
b. dissenting opinion
c. concurring opinion
d. modifying opinion
e. none of the above; no such written opinion is allowed



Question 81 1 points Save
The constitutional right to jury trial in criminal cases is addressed by the:
a. Fifth Amendment
b. First Amendment
c. Sixth Amendment
d. Seventh Amendment
e. Fourteenth Amendment



Question 82 1 points Save
In Hughes v. Wal-Mart Stores, a girl in Louisiana sued Wal-Mart for injuries she received in an accident in Louisiana, where she lived and where her father had bought the product that injured her. Hughes brough suit in federal court in Arkansas, where Wal-Mart has its headquarters and where Hughes' attorneys believed the chance of recovery was better than in Louisiana. Wal-Mart contended that Louisiana product liability law should apply. The proper result would be for the:
a. federal court in Arkansas to apply Arkansas law.
b. federal court in Arkansas to apply Louisiana law.
c. federal court in Arkansas to apply federal law.
d. case to be moved to state court in Louisiana where Louisiana law would apply.
e. case to be moved to federal court in Louisiana where Louisiana law would apply.



Question 83 1 points Save
Federal trial courts are called:
a. district courts
b. municipal courts
c. superior courts
d. claims courts
e. none of the above



Question 84 1 points Save
Which of the following is not a part of the rules that govern most developed nations:
a. formal rules
b. informal rules
c. social customs
d. ethics
e. all of the above are part of the rules



Question 85 1 points Save
Some administrative agency investigations lead to a formal complaint being filed against a business, which may result in a hearing before an administrative law judge (ALJ). ALJs are:
a. at the lowest level of the federal judicial system.
b. the regulatory agency equivalent of an appellate judge.
c. are not judges because they only hear the facts of cases.
d. appointed by the president with consent of the Senate.
e. None of the above.



Question 86 1 points Save
The court's review of an agency's statutory interpretation is generally afforded:
a. the most intense scope of review.
b. a careful review with respect to statutory interpretation, and a lesser review of technical judgments required of the agency in implementing the statute.
c. a limited scope of review, only looking for possible violations of constitutional rights.
d. a limited scope of review review since the power of Congress is absolute in this regard.
e. None of the above.



Question 87 1 points Save
Which of the following concerns legal wrongs committed against the government:
a. civil law
b. procedural law
c. ethical law
d. private law
e. criminal law



Question 88 1 points Save
If a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:
a. a counterclaim
b. an affirmative defense
c. a pleading
d. an answer
e. none of the above



Question 89 1 points Save
A principal function served by the appellate courts is to:
a. ensure that the trial judge correctly applied the law
b. investigate the jury members to be sure that each was thinking in an unbiased manner
c. verify the factual determinations made by the judge
d. verify the factual determinations made by the jury
e. all of the above



Question 90 1 points Save
If a party refuses to comply with a court order to produce documents or answer written interrogatories:
a. nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it can
b. nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant information
c. the court can find the party in contempt of court, which can result in fines or imprisonment
d. the court can declare a mistrial and order the procedure to begin again
e. none of the above

Question 91 1 points Save
Administrative rules are classified as substantive (legislative), interpretative, and:
a. regulatory
b. investigative
c. prospective
d. procedural
e. none of the above



Question 92 1 points Save
Specific performance refers to a remedy when the court requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted.
a. True
b. False



Question 93 1 points Save
The U.S. Constitution:
a. established and limited the powers of government
b. created the common law
c. created the four major branches of the U.S. government
d. created the 50 states
e. all of the above



Question 94 1 points Save
You are charged with violating a government statute and asked to pay $10 million in civil penalties.
a. You have a right to a jury trial if you demand one.
b. You have a right to a jury trial only if the case involves a federal statute.
c. You have a right to a jury trial only if the case is brought state court.
d. You have a right to a jury trial only if there are no criminal charges involved.
e. You have a right to a jury trial only if the legal issue involved is close to that of a common law right.



Question 95 1 points Save
Statutory law is:
a. a law enacted by a legislative body
b. also known as the fundamental law of the nation
c. a form of common law
d. establishes the separation of powers at the federal level
e. all of the above



Question 96 1 points Save
Some court systems require arbitration before a trial in certain classes of disputes. The quasi-judicial hearing usually resolves the matter without a trial. This is called:
a. court-annexed arbitration
b. minitrial
c. judicial negotiation
d. mediated litigation
e. none of the above; no such nonprocedure is used



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