Law Exam 1 Quiz Questions

Do you believe corporations have a corporate social responsibility - that is, an obligation to contribute positively to the world about them? Explain your reasons why or why not.

?

Pretend that you are a litigation attorney and a potential client comes into your office. She has recently been in a car accident and she wants to sue the other driver. What would you tell her she could expect would or could happen in the first 60-90 days of the case.

?

Antonio assaulted Mark after the two argued about a parking space. The District Attorney's office prosecuted Antonio on assault charges. Subsequently, Mark filed a lawsuit against Antonio for money damages. Classify each legal action. The District Attorney's case was a civil case. Mark's lawsuit was a criminal case. The District Attorney's case was a criminal case; Mark's lawsuit was a civil case. Both cases are criminal. Both cases are civil.

Correct! The District Attorney's case was a criminal case; Mark's lawsuit was a civil case.

Which is an example of a statute? The Federal Communications Commission instructs all radio stations to refrain from broadcasting "indecent" programming during daylight hours. A U.S. President issues an executive order banning the use of federal funds for abortion. A North Dakota judge issues an injunction prohibiting a man from contacting his ex-wife. The Ohio legislature passes a law requiring all bicycle riders to wear a helmet.

Correct! The Ohio legislature passes a law requiring all bicycle riders to wear a helmet.

What two conditions must exist for federal courts to have diversity jurisdiction? An individual is bringing suit against a corporation, and the amount in dispute exceeds $75,000. The plaintiff and defendant are from the same family, and the amount in dispute exceeds $50,000. The case has been tried in two different states with two different outcomes, and the amount in dispute exceeds $50,000. The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Correct! The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.

Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to mediate the claim with the advertiser. bring an individual lawsuit against the advertiser in a state appellate court. bring an individual lawsuit in a U.S. District Court. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

Correct! become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.

In a civil case, the plaintiff must prove the case by a preponderance of the evidence. by clear and convincing evidence. beyond a reasonable doubt. None of these; the burden of proof is on the defendant

Correct! by a preponderance of the evidence.

The President of the United States can veto Congressional legislation. creates federal common law. determines the constitutionality of statutes. passes statutes.

Correct! can veto Congressional legislation.

Which element of a civil case comes first? answer service complaint discovery

Correct! complaint

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it altogether. This kind of case involves procedural law. private law. civil law. criminal law.

Correct! criminal law.

Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a judgment on the pleadings. summary judgment. pretrial conference. default judgment.

Correct! default judgment.

In the United States, the powers of government are divided between a national, state, and several local governments. What is this type of system called? oligarchy democracy confederation federalism

Correct! federalism

A party that wants the Supreme Court to review a lower court ruling must present a non obstante veredicto. file a petition for a writ of certiorari. file a petition for a voir dire. present a motion to dismiss.

Correct! file a petition for a writ of certiorari.

Common law refers to the legal systems of France, Germany, and Italy. law made by legislatures in the form of statutes. law made when judges decide cases and then follow those decisions in later cases. law that is the same or similar in all the states.

Correct! law made when judges decide cases and then follow those decisions in later cases.

In the House of Representatives, a state's voting power is based on its date of entry into the Union. physical size. relative wealth. population.

Correct! population.

The three branches of government in the United States are the administrative, executive, and statutory. the administrative, legislative, and international. the executive, legislative, and judicial. the executive, legislative, and administrative.

Correct! the executive, legislative, and judicial.

The United States Supreme Court has the power to ratify treaties. void laws passed by Congress. issue executive orders. appoint judges to serve on the Supreme Court.

Correct! void laws passed by Congress.

T/F If the President vetoes a bill, it can still become law if both the House and the Senate approve it with a 51% majority.

False

T/F In a civil case, the plaintiff must prove the case beyond a reasonable doubt.

False

T/F In reaching its verdicts, appellate courts conduct a new trial and rehear all evidence.

False

T/F Pub Zone was the plaintiff in Kuehn v. Pub Zone Case

False

T/F A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.

True

T/F After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint.

True

T/F In order to determine if the case she was hearing broke the law, Judge Jane referred to prior rulings on the same subject. In other words, the judge is relying on precedent to make her decision.

True

Who did Milton Friedman believe managers should consider the most when making ethical decisions for a company?

the Shareholders