LEB Reading Quizzes

In a common law legal system, a judge would not use stare decisis to make current judicial decisions. True or False

False

Legislation passed by the Congress is called an ordinance. True or False

False

The philosophy of judicial restraint is often termed strict constructionism, or judicial abstention. True or False

True

The three capacities that a lawyer serves are counselor, advocate, and public servant. True or False

True

In determining the jurisdiction of a corporation, what two factors are considered? the state where the CEO lives and the state where the chief legal officer lives state that the corporation declares as being its hometown and the state where the majority of its employees live state where most of its employees live and the where its chief executive officer lives any state where the stakeholders live and the state where it has its principal place of business the state of incorporation and the state where it has its principal place of business

the state of incorporation and the state where it has its principal place of business

During jury selection, the defendant is the only party that can excuse a juror for a particular reason. True or False

False

Every court, whether in the state or federal system, has rules that mandate a 12 person jury in both criminal and civil cases. True or False

False

Which of the following statements is an accurate definition of interrogatories: Sworn oral questioning which is later reduced to writing A sworn written statement made before an officer authorized to administer oaths The system for defining the issues of a lawsuit A series of written questions presented to the opposing parties

A series of written questions presented to the opposing parties

.In cases heard before a jury, the jury functions to decide questions of law, while the judge is still present to decide questions of fact. True or False

False

A jury should treat anything said in an opening statement by an attorney as evidence when deciding the verdict of a trial. True or False

False

________ law jurisprudence believes that law is simply the commands of the state backed up by force and punishments. Tort Sociological Positive Natural Historical

Positive

Which of the following statements in true of civil cases? -They typically include matters that involve the interpretation and application of either the federal or state constitutions. -They typically involve a request for damages or other appropriate relief that does not involve punishment of the wrongdoer. -They typically include legal principles that apply to government agencies, bureaus, boards, or commissions. -They typically include matters that involve the regulation of society as opposed to individuals interacting. -They typically involve a representative of government attempting to prove the wrong committed against society and seeking to have the wrongdoer punished by the court system.

They typically involve a request for damages or other appropriate relief that does not involve punishment of the wrong doer

Mary was driving her four kids to soccer practice one day when she was rear-ended by Ted, who was driving his Porsche too fast and did not see that traffic was at a standstill. Mary's mini-van was damaged and required extensive repairs. Additionally, she had to go to the chiropractor for whiplash that she sustained in the accident. Mary meets with an attorney to discuss filing a lawsuit against Ted to recover compensation for the damages to herself and her vehicle. If the attorney takes the case, she will likely utilize which type of law? Common Law Contract Law Tort Law Constitutional Law Regulatory Law

Tort Law

If a court does not have a pre-existing statute or case law to reference, it may still decide a case and create law in the process. True or False

True

Natural law theory asserts that law contains universal moral principles. True or False

True

Subject matter jurisdiction is defined as _____: -a judicial philosophy about the role of courts in our society -a party's inability to pursue a matter that has been fully adjudicated -a court's power over the issues involved in the case -a judicial philosophy on how judges should decide cases the underlying principle of judicial precedent

a court's power over the issues involved in the case

The federal courts have the power to hear cases in which there is diversity of citizenship, meaning that ________. -all defendants qualify for ratio decidendi -all defendants be citizens of different states -all plaintiffs be citizens of different states from all defendants -all plaintiffs have presented a case arising out of the US Constitution all plaintiffs be citizens of different states

all plantiffs be citizens of different states from all defendants

When a defendant files a claim against a plaintiff, that claim is called a ________. counterclaim statute of limitations affirmative defense cross claim

counterclaim

When defendants file claims against each other in a lawsuit, those claims are called _____. affirmative defenses counter claims pleading deferrals cross claims statute of limitations

cross claims

In the pretrial phase of litigation, if a party fails to produce relevant, requested evidence, the party seeking the information is most likely to ________. file a request for an admission file a motion to compel discovery file a petition for a writ of certiorari file a motion for summary judgment request a voir dire examination

file a motion to compel discovery

One of the reasons U.S. Congress provides for diversity of citizenship jurisdiction is to ________. guard against state court bias against a nonresident party in a lawsuit guard against the abuse of a small claims court by the resident party in a lawsuit enable the existence of attorney-client privilege restrict the number of petitions for writ of certiorari

guard against state court bias against a nonresident party in a lawsuit

In Batson v. Kentucky, the U.S. Supreme Court outlawed discrimination on the basis of ________ in jury selection race political affiliation intelligence gender religious

race

Olflex Corp. files a complaint against Tenfour Corp., and the parties are in the discovery phase of litigation. A major issue in the dispute is the wording of the original sales contract between the two corporations. In this case, to get Tenfour to present the original sales contract, Olflex is most likely to ________. request for production of documents request for extradition request for procedural due process request for a trial request for an admission

request for production of documents

In a deposition, a lawyer orally asks questions of the possible witness and an oral response is given. true or false

true

Through the standing-to-sue requirements, courts are able to insist that there be an adversarial relationship between plaintiff and defendant. true or false

true