MID-TERM

The separation of powers between levels of government is known as __________.

Federalism

Which of the following statements is true of freedom of the press?

It is usually construed to prohibit prior restraints on publications.

Nelly and Mario are graffiti artists who create designs and paintings depicting social issues that affect their community. They make sure their artwork is not obscene and does not incite a hateful reaction. They exhibit their art pieces at art shows. In this case, which of the following First Amendment protections may be applied to the actions of Nelly and Mario?

freedom of speech

A local zoning ordinance criminalizes writing anything on public and private properties, including one's own private property. This law is most likely to be unconstitutional based on the __________.

overbreadth doctrine

__________ is the authority that a state or local government has to protect the public's health, safety, and general welfare.

police power

If laws are inconsistent, which level of legislation will be given the lowest priority?

state and local laws

Which of the following is part of the pretrial procedure?

The discovery process

What percentage of tort cases filed in the U.S. District Court are reportedly settled prior to trial?

98%

__________, one of the seven elements of principled, interest-based negotiations, are outcomes that are possible without the agreement of the other party in a negotiation.

Alternatives

Books-R-Us, Corporation faces issues on various fronts like accounting discrepancies, false advertisement, and retailer relations. Books-R-Us wants to settle its disputes in a quick and cost-effective manner. Which of the following method of dispute resolution is Books-R-Us most likely to choose?

Arbitration

__________ is the technique used in collective-bargaining contracts to settle grievances that employees have against their employers.

Arbitration

Which of the following is not true of an arbitrator's award?

It is subject to judicial review on the merits of a decision.

Which of the following describes an element of a conflict?

It leads to disputes when coupled with claims that are rejected.

__________ refers to the power of a court, at the state or federal level, to hear a case.

Jurisdiction

Which of the following is one of the major criticisms of the jury system in the United States?

Jurors vote their prejudices.

The judges who make up the U.S. Supreme Court are known as __________.

Justices

The __________ to the U.S. Constitution reinforces federalism by reserving some powers to the states and to the people.

Tenth Amendment

When the disputing parties resolve all matters of contention that they can through mediation and agree to arbitrate the unresolved matters, they are said to be using an alternative dispute resolution technique known as __________.

Med-Arb

What is the term for the trial jury that returns a verdict in criminal and civil cases?

Petitjury

Which of the following statements is true of arbitration?

The decisions arising from arbitration are binding on the disputing parties.

Which of the following statements is true of trial by jury?

The right to trial by a jury is preserved in civil suits at common law when the amount in controversy exceeds $20.

Which of the following statements is true of the role of judges in U.S. courts?

They apply the law to the facts of a case.

Which of the following statements is true of the role of jurors in U.S. courts?

They determine the facts from conflicting evidence.

Ellis, a resident of New York, wants to bring a tort claim against Timothy, a resident of Texas, for damage to Ellis's house in New York. To use a long-arm statute to obtain personal jurisdiction over Timothy, the New York court must find that __________.

Timothy committed the tort in New York

If a prospective juror admits bias favoring one of the parties to a trial, that person is most likely to be excused for __________.

cause

Zippers, Corp constructed a zip-line course on government land after signing a lease agreement with the state government. A few years after signing the agreement, the state authority sanctioned the Never-ending Tunnel Co to build a long tunnel through the land where the zip-line course exists. The proprietors of Zippers, Corp claim that the state violated their existing agreement. Which of the following is most likely to be applied in this case between Zippers, Corp and the state government?

contract clause

When a defendant files a counterclaim against the plaintiff, the defendant becomes a __________.

counterplantiff

If a defendant does not respond in any way to a complaint, the court may enter an order of __________ and grant the plaintiff the relief sought.

default

At the federal level, the Supreme Court __________ class-action suits.

discourages

The rules of evidence protect confidential client communications to a lawyer in order to __________.

encourage full disclosure by clients

Which of the following clauses allows for the separation of church and state?

establishment clause

In most states, a jury's decision must be unanimous because __________.

many believe that the truth is more nearly to be found if the jury acts only on one common conscience

When a losing party in an arbitration proceeding makes allegations of bias against an arbitrator, the allegations __________.

normally do not affect the results of arbitration

A negotiation between a seller and a buyer began with each party stating their respective expectations in a competitive style. The seller started with as high an asking price as is considered reasonable. Likewise, the buyer began with the lowest reasonable price. In the context of negotiation methods, this scenario is an example of __________.

positional bargaining

A municipal zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying size and location requirements. The Supreme Court rules that the zoning ordinance is unconstitutional, as it violates the Federal Communications Commission Regulation law. In this case, the ruling of the Supreme Court illustrates the concept of __________.

preemption

When a petition for a writ of certiorari is filed to the Supreme Court, the party initiating the petition is the petitioner and the other party is known as the __________.

respondent

A judge may grant a motion for summary judgment if the moving party can show that __________.

there are no material disputed issues of fact

The usual rule is that the information sought in discovery is discoverable as long as the information __________.

will lead to evidence admissible during a trial