exam 1 unit 2

When a grand jury decides there is sufficient evidence to bring someone accused of a crime to trial it issues a (n)______________. A indictment B injunction C. interlocutory decree D. Bill of attainder

A indictment

For diversity of citizenship purposes, a corporation is considered a citizen of (select all the answer options that are correct) A the state in which it it incorporated B. The state in which it has its principle place of business C. The state of residence of its majority shareholder D. The state in which its CEO is located

A the state in which it it incorporated B. The state in which it has its principle place of business

Paul has filed a civil suit against Dan for battery, alleging that Dan pushed him during a dispute over the property line between their two yards. Dan admits that he pushed Paul, but claims that he was acting in self- defense. Dan's claim of self-defense is an example of a (n)___________. A. Affirmative defense B. Ad hoc admission C. Pro confesso admission D. Counterclaim

A. Affirmative defense

Select all of the following statements about arbitration that are true A. Business contracts often contain a clause requiring that all disputes arising under the contract be arbitrated B. Parties of disputes under arbitration must suspend all business dealings with each other until the arbitration decisions are rendered C. Some states have statues requiring that disputes under a certain amount be arbitrated D. Courts are likely to enforce arbitration clauses in contracts

A. Business contracts often contain a clause requiring that all disputes arising under the contract be arbitrated C. Some states have statues requiring that disputes under a certain amount be arbitrated D. Courts are likely to enforce arbitration clauses in contracts

Utility maximization may require considerations of _____ A. The impact of a decision on relationships and health B. One's perception of oneself C. Philosophical advantages of a decision D Ones personal benefit

A. The impact of a decision on relationships and health

In the context of arbitration, submission occurs when A. The parties refer a dispute to the arbitration process B. The parties accept the finding of the arbitrator C. A copy of the arbitration award is filed with a court of appeals D. One party surrenders to the other money or assets as called for in the award.

A. The parties refer a dispute to the arbitration process

An indictment is A. a grand jury finding that there is sufficient evidence to bring someone accused of a crime to trial. B. the final decree in a court of equity C. the papers served on a defendant in a civil suit notifying him that he is bein sued. D. the order of a reviewing court to a trial court to retry an issue.

A. a grand jury finding that there is sufficient evidence to bring someone accused of a crime to trial.

Which of the following are legal protections available to a business that allow a business to capitalize on the firms intellectual property: (select all the answer options that are correct) A. a patent for an invention B. a copyright for a written work C. protection for a trade secret D. protection from extortion

A. a patent for an invention B. a copyright for a written work C. protection for trade secret

A follower of the self interest theory will act in a " selfless" manner because ________ A. doing so will benefit the individual making the decision B doing so will benefit society as a whole C. doing a good deed will result in a good deeds from others in return

A. doing so will benefit the individual making the decision

The final decision of the court, based on the jury's finding is known as a (n) ________________ A. judgment B. Verdict C decree D. award

A. judgment

A claim of sexual harassment from a sales representative working for your firm creates a potential liability that has ramifications in term of: (select the answer options that are correct) A. lost time working on production endeavors B. emotional toll on other employees involved in the investigation C. financial loss if the claim is proven true D. better communal work environment

A. lost time working on production endeavors B. emotional toll on other employees involved in the investigation C. financial loss if the claim is proven true

the document issued by a court directing a defendant to appear in court in response to a suit filed against him is an __________________ A. summons B complaint C answer D affidavit

A. summons

Ethical standards are often basis for statues and judicial decisions ____________. A. Because of the religious beliefs of attorneys and judges B As a reflection of society's views of right and wrong C Because of the views of the ruling class D. As a means of enforcing certain moral principles

B As a reflection of society's views of right and wrong

In an action alleging securities fraud, the burden of proof on the plaintiff is A Preponderance of evidence B Clear and convincing evidence C Beyond a reasonable doubt D. Beyond a shadow of doubt

B Clear and convincing evidence

Alice and Jim hired Elegant, Inc of Long Beach to plan and coordinate their wedding, Alice and Jim were unhappy with the results, claiming that neither the food, flowers or photographs met the standard of the samples they had been shown. Alice and Jim are refusing to pay Elegant the full contract price. The Better Business bureau of Long Beach set someone to help the couple and Elegant work out a mutually acceptable solution. The Bureau's representative could only assist in the discussions and make suggestions. This process is and example of A. Negotiation B Mediation C. Arbitration D. specific performance

B Mediation

Res judicata is best defined as A. a court enforced promise B. A controversy that has been litigated and forever settled between the parties C. the ruling of a court of equity D. the legal basis fir dicta in court opinions

B. A controversy that has been litigated and forever settled between the parties

The term used in law denote the power of a particular court to hear a case and render a binding decision is A. Jurisprudence B. Jurisdiction C. Interlocutory competence D. Vis res judicata

B. Jurisdiction

Bob and Carol are partners in a family owned business. They have been arguing for weeks over the wisdom of a major capital expenditure. They finally decide to call in their accountant, whom they both known and trusted for a long time, to help them work through the issues involved. This process is an example of ___________ A. Arbitration B. Mediation C. Negotiation D. Novation

B. Mediation

Federal district courts are the only trial courts that can hear cases involving A. court disputes between citizens of two different states B. federal crimes C. claims arising under the U.S Constitution D. cases involving more than , in damages

B. federal crimes

Harry has been charged with the federal crime of securities fraud which he committed while working as a stockbroker in New York City. His trial on federal criminal charges can be held A. in new York state court B. in the federal district court in new york c. U.S claims court in Washington, DC d. the US securities court

B. in the federal district court in new york

In complex cases in equity court may refer the matter to a lawyer who will hear evidence and making findings of fact and law which he reports back to the court for a decision. In this capacity, the attorney is called an A. assistant district attorney B. master in chancery c. chancellor D. justice pro tempore

B. master in chancery

What is the purpose of the pre trial conference in a civil case A. add members to a class action suit B. settle a case without having to go to trial C. have parties answer interrogatories D. depose witnesses

B. settle a case without having to go to trial

Mark is suing Al for alienation of affection, claiming that Al stole his fiancé, Amy. His state no longer recognizes alienation of affection as an issue that can be litigated. Which motion should Al file in response to this suit? A. a default judgement B. an answer C a motion to dismiss D. a motion for direct verdict

C a motion to dismiss

Delores is suing the CEO of a corporation in a civil suit for securities fraud, which she claims he committed in the initial public offering of his company's stock. What is the burden of proof Delores must meet to prove securities fraud? A. Beyond a reasonable doubt B. Beyond a shadow of a doubt C. By clear and convincing evidence D By a preponderance of the evidence

C. By clear and convincing evidence

Assume that Defendant is found guilty and pursues his appeal up to the United States Supreme Court. If the Court agrees to hear his case, it will issue a writ of _________. A. Attainder B. Execution C. Certiorari D. periciliary

C. Certiorari

Which of the following statements about res judicata is correct ? A. it establishes a precedent that will be applied to future cases with similar fact patterns B. It is another term for dicta C. It binds the parties to the decisions in lawsuit so that neither can re-litigate the case.

C. It binds the parties to the decisions in lawsuit so that neither can re-litigate the case.

Prof. Johnson is a law professor who teaches the existence of a moral authority that is more important than mere legal rules. Prof. Johnson is an adherent of ____ school of jurisprudence. A. Positive law B Legal Realism C. Natural Law D. Law and Economics

C. Natural Law

When parties to a dispute work out a solution for themselves without recourse to outside help or the courts, they have resolved the dispute through A. Arbitration B. Mediation C. Negotiation D. Novation

C. Negotiation

Which of the following would NOT be heard in Federal District Court in Baltimore, Maryland? A. a suit by a Maryland resident against a Maryland restaurant claiming violation of the Civil Rights Act of 1964, which is a federal statue. B. a suit between Maryland resident and Delaware resident over car accident in Baltimore. The amount in question is $75,000 C. a suit between two Maryland residents over a car accident in Easton, Maryland. The amount in question is $200,000.

C. a suit between two Maryland residents over a car accident in Easton, Maryland. The amount in question is $200,000.

In the appeals process the document submitted by each side arguing the points of law that support it's claim that the verdict should or should not be overturned is an ________________ A. affidavit B. deposition C. brief D. admission

C. brief

Delia, a citizen of Delaware, wants to sue the state of Maryland for negligently maintaining a boat ramp on which she sustained personal injuries. In which of the following courts could Delia file suit against Maryland? A. The Third Circuit of Court Appeals B. The Fourth Circuit Court of Appeals C. Federal district Court in Maryland C. State Court in Del

C. federal district Court in Maryland

U.S District Count in Vermont is hearing a case brought by a citizen of Vermont challenging the constitutionality of one of the provisions of the U.S Patriot Act, a federal statue. In deciding this case, the court will use ______________ substantive law and _______ procedural law A. Vermont---- Vermont B. Vermont. federal C. federal, federal D. federal, Vermont

C. federal, federal

Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. These are known as _____________ challenges or strikes A. for cause B discriminatory C. peremptory D. Diversity

C. peremptory

Ben is suing Chad in a tort action for property damages and personal injuries he sustained when Chad negligently ran a red light and crashed into him in a busy intersection. Ben must convince the jury that the light was red and that his injuries were caused by the crash. How convinced must the jurors be that Chad is at fault in order to find him liable? A. Beyond a reasonable doubt B. beyond a shadow of doubt C. by clear and convincing evidence D. By a preponderance of evidence

D. By a preponderance of evidence

Which of the following statements about the role of juries in cases in equity is correct? A. The constitution guarantees the right to a jury trial in equity B. Twelve chancellors sit as a jury in equity cases C Twelve masters in chancellery sit as a jury un equity cases D. Juries in equity cases have only an advisory role and cannot decide the outcome of a case

D. Juries in equity cases have only an advisory role and cannot decide the outcome of a case

Angela is a law student writing a law review article on the economic impact of certain white-collar crimes. She follows the ____ school of jurisprudence. A. Positive law B Legal Realism C. Sociological D. Law and Economics

D. Law and Economics

The party who files a civil suit at law is called the ____________ A. Appellant B. Appellee C. Petitioner D. Plaintiff

D. Plaintiff

The function of the grand jury is to A. decide the guilt or innocence of a criminal defendant B. decide the liability of a defendant in a civil suit C. determine if there is sufficient evidence to decide the case on summary judgment D. determine if there is sufficient evidence to bring someone accused of a crime to trial.

D. determine if there is sufficient evidence to bring someone accused of a crime to trial

A motion for a judgment on the pleadings is a post trial motion made by the losing party True or false

False

Arbitrators must use in their proceedings the procedural rules and rules of evidence of the state courts of that jurisdiction true or false

False

Codes of Ethical Conduct adopted by corporations and professional associations have the same legal status as ordinances. True or False

False

If the laws of several jurisdictions are involved in a case, the doctrine of res judicata will determine which state law will apply. True or false

False

In arbitration, parties to a dispute go to a court of equity for a resolution. True or False

False

Legal reasoning always yields a single, correct answer for any legal problem True or false

False

Mediation takes places in a court of equity under the direction of the chancellor True or False

False

Once an attorney has been hired to represent a clients interest, he has an ethical duty to advise against compromise and out of court settlement in favor of litigation True or False

False

The Magnuson- Moss Warranty Act created a federal mediation panel to resolve interstate disputes involving consumer product recalls. True or False

False

The equitable equivalent of a default judgment is a nolo contendere decree True or False

False

The number of Supreme Court justices who must agree to accept a case is 5 True or false

False

The precedents set by the decisions of arbitration panels become part of the common law of the state True or False

False

Tort law is a subset of general criminal law True or False

False

A basic principal of statutory interpretation is that specific provisions in the statue are of greater weight than general provisions. True or false

True

A petit jury decides the guilt or innocence of a defendant in a criminal trial. True or False

True

A tort action may be commenced and tried either in the county or district where the tort was committed or where the defendant resides. True or false

True

Deontological ethics refers to ethical systems based on rights and duties True or false

True

Failure to obey the order of a court of equity can result in imprisonment.

True

If there is more than one plaintiff in a diversity case, each plaintiff must individually meet the diversity threshold of $75,000 in injury. True or false

True

In a diversity case, the federal court will use the substantive law of the state in which it is located. True or False

True

In a typical year, the U.S. Supreme Court will select about 150 cases to hear from approximately 5,000 requests. True or False

True

Litigation may be used to enforce an arbitration award True or False

True

Malum per se criminal conduct is also repugnant to strongly held moral beliefs True or False

True

Peremptory challenges or strikes may not be based on race or gender True or false

True

Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. True or False

True

Scooter was indicted for committing a federal crime. He can be tried only in federal district court. True or false

True

Summary judgments cannot be granted if there are any questions of material fact still in dispute by the parties True or false

True

The United Pipefitters Union objects to benefit reductions proposed by Employer. Both sides agree to call a 3rd party to help them develop point of agreements and compromise. This is an example of mediation True or false

True

a judge has the power to render a judgment that differs from the jury's verdict if he/she believes the verdict was against the weight of the evidence True or False

True

"Clear and convincing evidence" is the easiest level of proof for a party with the burden of proof to meet. True or false

false

An appeals court does not have the power to review the findings of law made by the judge during the trial, only jury's findings of fact True or false

false

Ethics means the same thing as morals True or false

false

Plaintiff's attorney in a personal injury case has a legal duty to tell the jury whether or not the defendant has insurance. True or false

false

Plaintiffs initiate a civil suit by filing an affidavit with the court that contains the allegations he is making against the defendant. True or false

false

The separation of powers doctrine applies only to the federal government and not to state governments True or false

false

Principles of legal reasoning may successfully be applied to solving certain problems related to business strategies True or false

true