bus law exam 1

T/F Mitchell v. Noring is a contract case decided in 1990. The Anderson v. Holmes case being decided today is similar. The Mitchell case is a precedent.

T

T/F Most administrative agencies such as FCC, INS, IRS, and EPA were created by Congress to oversee the respective legislation created by Congress. In other words, for example, the IRS was created to regulate and administer the Federal Internal Revenue Code enacted by Congress.

T

T/F Nazi war criminals, those convicted of crimes against humanity by the international tribunal of judges at Nuremberg, were convicted by applying the principles of natural law.

T

T/F One basis for federal court jurisdiction over a case is "diversity of citizenship" with more than $75,000 being involved.

T

T/F One difference between arbitration and mediation is that an arbitrator's decision binds the parties, while a mediator's does not

T

T/F State court "long-arm" jurisdiction is in personam jurisdiction

T

T/F The United States Supreme Court can review any decision by any U.S. court of appeal

T

T/F The legal rights you have termed substantive law and the way you go about enforcing these rights is referred to as procedural law

T

T/F The majority of disputes are resolved by negotiation

T

T/F The refusal by the United States Supreme Court to issue a writ of certiorari unless at least four justices approve of it is called the "rule of four."

T

T/F With respect to alternative dispute resolution [ADR], the trend is toward the use of ADR as an alternative to civil lawsuits.

T

T/F A trial court is the ONLY court that hears testimony from witnesses, receives evidences, may have a jury, etc.

T [Appellate courts (which are not trial courts) don't/won't do this, i.e. re-litigate the case.]

T/F A state homicide statute is both criminal and substantive

True

T/F Administrative agencies get the power to make law through a process called delegation.

True

T/F Today, our common law courts tend to take an instrumentalist attitude toward law, viewing it as a flexible tool for accomplishing various social purposes.

True

T/F A treaty defeats an inconsistent state constitutional provision in case of clash between them

True. It does so because of the Supremacy Clause in the U.S. Constitution

All powers not granted to the federal government by the U.S. Constitution are: a. retained by the states b. retained by Congress c. retained by the President d. retained by federal administrative agencies

A

Tonya slipped and hurt herself in a Mega Toy Store. Mega Toy Store is a nationwide company incorporated in Delaware. It also has stores in every state. Tonya is a resident of Nevada but fell in a Mega Toy Store located in Arizona. Tonya's medical bills alone were nearly $100,000. If Tonya decides to sue Mega Toy Store: a. she may file her lawsuit in Arizona state court. b. she must file her lawsuit in a federal court in Arizona given these facts. c. since this is a personal injury lawsuit and not a case involving a question of federal law, Tonya may not file her case in a federal court. d. Tonya must file her case in a Nevada state court

A

Which of the below statements is correct? a. ADR, with exceptions, is a voluntary process on the part of both sides. b. ADR allows the parties more latitude to discover information about the other side than does formal litigation procedures. c. ADR eliminates the need for lawyers to be involved in the resolution of disputes. d. ADR has been criticized as a process that forces the parties to reach a solution may be unsatisfactory to both since neither party wishes to risk going to court

A

T/F Jury instructions are read by the judge to the jury before the attorneys make their closing arguments.

F [They are read right after the closing arguments]

"Jurisdiction" refers to: a. the proper geographic place to file a lawsuit. b. the authority of a court to decide a particular type of case. c. the study of law. d. all of the above are correct.

B

About how many cases does the United States Supreme Court actually decide to hear in any given year? a. 30 to 40 b. 50 to 60 c. 175 to 200 d. 550 to 600

B

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

B

T/F Decisions in cases decided in U.S. courts of appeal are final

F [This is false because one could still appeal to the U.S. Supreme Court!]

Don is upset about the computer his company purchased from Computers, Inc. Don and the attorney for Computers, Inc. agreed to let Laurie, an expert in computer technology, work with them to help settle the dispute. Laurie discusses the matter with both sides and after a few weeks of shutting back and forth between parties, is successful in helping the parties reach a solution. This is an example of: a. negotiation. b. mediation. c. arbitration. d. all of the above are correct.

B

John witnessed a terrible car accident. Unfortunately, john has an advanced terminal illness and may not be alive at the time of the trail. The best discovery method to use relative to getting John's information to a jury is: a. interrogatories. b. a videotaped deposition. c. send him a request for production of documents. d. for John to tell his minister what happened so the minister can tell the jury what John said.

B

Potter sues Davis for "aesthetic pollution." The basis for his suit is Davis's extreme ugliness. Potter's complaint details Davis's ugliness in many separate, numbered paragraphs. Potter's suit, however, does not stand a chance, because no legal rule requires one to pay damages for being ugly and for causing aesthetic dissatisfaction to some other party. Thus, Davis wants to defeat Potter's case as fact as possible. His best procedural device for doing so is: a. The answer. b. The motion to dismiss for failure to state a claim upon which relief can be granted (or demurrer). c. The motion for summary judgment. d. The motion for judgment notwithstanding the verdict. e. Discovery.

B

This question lists some common statements about law. Which of those statements is most typical of natural law? a. "Justice is what the judge ate for breakfast." b. "An immoral law isn't really law." c. "The law has to keep us with the changing times." d. "You should obey the law because it's the law"

B

Which of the following is the pleading that the defendant normally files in response to the plaintiff's complaint? a. The reply. b. The answer. c. The counterclaim. d. The interrogatory.

B

Which of the following jurisprudential schools would be most likely to say that judge should just follow the law as it's written, and not worry about anything else? a. Natural law b. Legal positivism c. Legal realism

B

Which of the following normally comes latest in the course of a civil case? a. The answer. b. The motion for a directed verdict. c. The motion for a summary judgment. d. The motion to dismiss.

B

Which of the following will give a state trial court the power to hear a civil case? a. Diversity jurisdiction and in rem jurisdiction. b. Subject-matter jurisdiction and in rem jurisdiction. c. In personam jurisdiction and in rem jurisdiction. d. Long-arm jurisdiction and in rem jurisdiction.

B

Does a jury hearing a civil case have to reach a unanimous verdict? a. Yes. b. It depends on state law. In some states a unanimous verdict is required; in other states it is not. c. It depends on whether or not the parties can agree to have their case decided by less than a unanimous verdict of the jury; if not, then the decision must be unanimous. d. No. Every state has passes legislation allowing for a super majority of the jury to be sufficient in a civil case.

B [Note: In California we require verdicts to be at least 9-3 (we have, usually, 12 member jury panels in civil cases); Note: that in criminal cases, the verdict must be unanimous!]

Which of the following will defeat a federal administrative regulation in case of a clash between them? a. A state statute. b. A treaty. c. The common law. d. An equitable principle.

B [The answer is B because a federal treaty is deemed to carry more weight/ is given a higher priority than a federal administrative agency regulation. And, remember that treaties can only be made/passed at the federal level.]

A jury trial would not be allowed in: a. a lawsuit claiming money damages resulting from a breach of contract. b. a bankruptcy case. c. a criminal case involving a minor offense. d. a case wherein the plaintiff claims she was the victim of defamation.

B [The answer is B because all bankruptcy cases are heard in a specialized court — U.S. bankruptcy court, and there/in such cases you are not entitled to a jury trial as a matter of right (as to why — to make a long story short it's just a policy decision that Congress made long ago.)]

When an appellate court hears a case: a. it will hear the testimony of key witnesses. b. it will listen to oral arguments of the attorneys and read briefs completed by each attorney. (Not testimony) c. it will review the transcript of the trial and review the court file to determine whether the facts were correctly determined by jury. d. all of the above are correct.

B. (Nope, it's whether the trial court correctly determined the law, not the facts!)

T/F The Supreme Court must decide all appeals coming from the federal courts of appeals

F [This is false because the Supreme Court has the option — it "may" (via its certiorari power/jurisdiction) elect to hear/take/decide a case.]

"I'm really in a quandary over Case A. There's an Indiana statute, passed in 1982, that directly addresses the specific issue in the case, but I've found several Indiana Supreme Court cases from the 1960's and 1970's. All of those apply a common law rule that is the opposite of the rule stated in the statute. I've thought this over carefully, and I'm convinced that the rule contained in the statute makes for horrendous public policy, and that the common law rule is better. Can I decide Case A according to the common law rule?" What should you tell the judge? a. That he is bound by the statute because where there is a conflict between different types of law, the more recent statement of the applicable rule controls. b. That he is free to apply the common law rule, in view of the judiciary's power to make and apply common law that is consistent with sound policy. c. That he is bound by the statute because statutes defeat inconsistent common law court made rules in case of a clash between them. d. That he must develop a new rule for Case A, because the conflicting common law and statutory rules cancel each other out.

C

A court can enter a summary judgment (i.e., grant a party's motion for summary judgment) only if: a. both sides have clearly stated their arguments and their version of the facts. b. both sides have agreed on the appropriate law to be applied but disagree as to the facts surrounding the case. c. both sides agree on the facts surrounding the case but disagree on the appropriate law to be applied. d. both sides agree on the facts surrounding the case and how the law should be

C

The legislature of the state of AAA makes a law that makes it a crime to assist someone in committing suicide. This law is called a(n): a. executive order b. ordinance c. statute d. stare decisis

C

The three branches of government in the United States are: a. the executive, legislative, and administrative b. the executive, legislative, and statutory c. the executive, legislative, and judicial d. the executive, legislative, and international

C

Which of the following is not a recognized method of alternative dispute resolution (ADR)? a. The mini-trial. b. Court-annexed arbitration. c. Summary judgment d. Summary jury trial.

C [Remember that C is a motion that one of the parties brings before the trial starts and after discovery closes; it's not a form of ADR!]

In case of a clash between them, which of the following will defeat a federal administrative regulation? a. A state statute b. A state constitutional provision. c. A federal statute. d. A common law rule. e. Two of the above

C [The answer is C because a federal statute is passed by congress and a administrative regulation is passed by an administrative agency. The former takes precedence over the latter if there is a conflict!!]

Which of the following is both civil and procedural? a. The law of negligence (which is a tort). b. A statute imposing a jail sentence for rape. c. The rules for presenting evidence at a trial. d. A statute imposing a fine for speeding.

C. Negligence is civil and also substantive law, not procedural. 4

2. Which of the following motions, if granted by the judge, basically "takes the case away from the jury" and gives a judgment to one party during the trial (i.e., while the trial is still in progress)? a. The motion to dismiss. b. The motion for summary judgment. c. The motion for a directed verdict. d. The motion for a new trial.

C. Remember that this is the motion normally made by the defendant in open court right at the end of/when the plaintiff finishes putting on his/her case.

Big Corp. is incorporated under Nevada law and has its principal place of business in Texas. Adam, a resident of Texas, wants to sue Big Corp. relative to a product liability claim. Adam is suing for $1 million. The injury occurred in Texas. a. Adam may sue Big Corp. either in a Texas state court or a federal court. b. Adam must sue Big Corp. in a federal court. c. Adam may sue Big Corp. in a Texas state court but Big Corp. may have the case removed or transferred to a Texas state court. d. Adam must sue Big Corp. in a Texas state court.

D

Last year, Tim intentionally ran over Harry's prize rose bushes. Judge Novack ruled that Tim must pay Harry the fair market value of the rose bushes. Today, in Judge Novack's court, Jan says that Kristi intentionally destroyed her new apple tree. Judge Novack decides that Jan must pay Kristi the fair market value of the apple tree. This decision is an example of: a. stare decisis and contract law b. statutory law and civil law c. public law and jurisprudence d. stare decisis and civil law

D

The common law: a. Only can change or grow through an amendment by the legislature. b. Applies only in situations that are governed by statutes or other positive law. c. Prevails over a conflicting constitutional provision. d. Is judge-made law that controls if no other type of law applies.

D

The doctrine of stare decisis: a. is based on English common law tradition. b. literally means "let the decision stand" c. help makes the law predictable d. All of the above

D

The school of jurisprudence known as Legal Realism: a. Views laws as a social ordering process that reflects current American society's dominant interests and values. b. Believes that unjust or immoral laws do not deserve to be regarded as law, and should not be enforced or obeyed. c. Would advocate obedience to any properly enacted law, regardless of whether that law is just or moral. d. Defines law as the behavior of those persons and institutions charged with enforcing and applying the law, rather that the law as it appears in written form.

D

Which of the following discovery technique can only be used against the opposing party (not a witness)? a. Interrogatories. b. Request for admissions. c. Physical or mental examinations. d. All of the above are correct.

D

Which of the following types of ADR is most formal? a. Mediation b. Negotiation c. Mini trial d. Arbitration.

D

The federal district courts: a. hear appeals from the federal courts of appeal b. Only hear cases that involve questions of federal law. c. Do not make factual determinations and only consider legal issues. d. None of the above.

D [Re: B remember that they also hear and decide diversity cases! Re: C remember that appellate court do this, not trial courts like federal district courts.]

T/F State appellate courts review the trial court record to determine whether the trial court correctly found the facts.

F [They can only review the record to determine whether the trial court made an error of law, not whether it made an error of fact.]

T/F Suppose that P, who lives in State A, wants to sue D, who lives in State B. The only way that P can sue D is to use the federal courts' diversity jurisdiction.

F [This is false because P could sue using federal question jurisdiction (assuming the requirements of it were satisfied); or, state court jurisdiction/sue in state court (again, assuming the requirements were satisfied).]

What is a commonly touted (i.e., purported) advantage of alternative dispute resolution as compared to litigation? a. ADR is cheaper and faster than a formal lawsuit. b. ADR allows the parties to reach an agreement to their problem that will be mutually satisfactory to both parties. c. ADR takes away the fear of "total defeat" so often present in litigation and allows both sides to work together to reach a mutually agreeable settlement. d. ADR allows a third party, often a non-lawyer, to get involved in the dispute and work to resolve the problem. e. All of the above.

E

T/F A federal statute can preempt state law only when the statute explicitly says that it preempts state law.

F

T/F An answer can deny, but cannot admit, the statements or allegations set out in a complaint

F

T/F Arbitration is always faster and cheaper than litigation

F

T/F For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated.

F

T/F Lacy Peters is suing Jack Smith for the intentional tort of emotional distress. Last year a similar case in this same court defined the requirements of this typical lawsuit. The prior case will have no influence on Lacy's case.

F

T/F In rem jurisdiction refers to the power of a court to enter a personal judgment against a party to the action.

F [As to why this is false, see No. 4 above.]

T/F Only cases involving federal questions (i.e., questions of federal law) can originate in federal courts.

F [Cases can also originate in federal courts under and pursuant to diversity jurisdiction.]

T/F There is no difference between depositions and interrogatories

F [Depositions = oral questions answered under oath; interrogatories = written questions]

T/F A party who receives a favorable judgment after a trial cannot appeal that judgment

F [E.g., technically, a plaintiff who obtains a favorable $$$ jury verdict — but not as high/favorable as he/she hoped — can appeal that award!

T/F The person who files or requests an appeal is called the "appellee"

F [It's "appellant"; the person/party who did not appeal is called the "appellee"]

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

F [It's "beyond a preponderance of the evidence."]

T/F The two primary methods of dispute resolution are [1] litigation and [2] mediation.

F [It's litigation and arbitration.]

T/F In certain cases, the United States Supreme Court must issue a writ of certiorari

F [Not "must ... it "may!]

T/F A decision in a case decided in a U.S. district court is final

F [One can appeal from the U.S. district court to a U.S. court of appeal!]

T/F Only a state court can refuse to enforce a state statute that, in the court's view, violates the Constitution.

F [The answer is false because a federal court can also do so.]

T/F Only the federal legislature can enact statutes

F [The answer is false because state legislatures can also enact statutes!]

T/F Wilfred was hit by Sally, a neighbor, when he went to confront Sally about her car blocking the entrance to his driveway. Wilfred can sue Sally in criminal court.

F [The answer is false because this would also be a civil lawsuit for money damages. Also, only the state/government can bring a criminal action; not a private party, like Wilfred. Again, read the question closely!!]

T/F Maryland Country was being sued by a former prisoner who claimed she was sexually harassed, assaulted and battered by the sheriff while being held in the county jail on a drunk and disorderly charge. This is a criminal law suit.

F [The answer is false because this would be a civil lawsuit for money damages. Read the question closely!!]

T/F A motion to dismiss can be filed by one of the parties provided the parties agree on all the facts of the case.

F [This question is a red-herring. "Agreeing on all the facts of the case" has nothing to do with whether a motion to dismiss can be filed by a party.]

T/F U.S. district courts have appellate jurisdiction in federal matters.

F [U.S. District courts don't; U.S. Courts of appeal have such jurisdiction!]

T/F For a state trial court to have the power to decide a case, it must have been both in personam jurisdiction and in rem jurisdiction

F [You only need one of them (and subject matter jurisdiction, of course).]

T/F To a legal positivist, morality or rightness is an essential component of any valid law

False

T/F The government cannot be a party to a civil suit

False, For example, you can sue the government for money damages.

T/F A mini-trial is a procedure used by courts to reduce caseloads

False. A mini trial is a form of ADR that the parties agree to use/undertake to settle their dispute.

T/F Because the U.S. Constitution says that the president only executes the laws, the President never makes laws.

False. For example, the president can make/issue executive orders

T/F In the mediation process, the mediator proposes, selects, and imposes a solution on the parties.

False. The mediator can't impose anything - only "suggest"/pressure the parties to come to an agreement/settlement.

T/F Jurisdiction relates to the power of a court to hear and decide a case.

T

T/F A cause of action based on the Constitution, a treaty, or a federal statute is said to involve a "federal question."

T

T/F A court that is without subject matter jurisdiction cannot render a judgment which binds the parties in the case.

T

T/F A long arm statute is a law that permits courts to obtain jurisdiction over non- resident (i.e., out of state) defendants.

T

T/F An appeals court can rule that a trial court's ultimate ruling/decision was correct even if the trial court made some minor errors during the trial.

T

T/F An arbitrator's decision typically is binding on the parties, while a mediator's decision is not

T

T/F Appellate courts normally examine the record of the case on appeal and determine whether the trial court committed an error of law

T

T/F Arbitration decisions may be legally binding

T

T/F As a general rule, trial courts decide both questions or law and questions of fact

T

T/F For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $75,000.

T

T/F In rem jurisdiction enables a court to exercise jurisdiction over property owned by a defendant.

T

T/F In rem jurisdiction is based on the fact that property of the defendant is located within the state.

T

T/F In response to the plaintiff's complaint, the defendant must timely file a pleading called the answer.

T

T/F Increasingly, the courts are requiring that parties attempt to settle their differences through some form of alternative dispute resolution [ADR] before preceding a trial

T

T/F Interrogatories are a form of discovery requiring a party to submits to the other side/party written answers to written questions submitted to him.

T

T/F In certain instances, an arbitration award may be set aside

T [E.g., where there was a fraud by one of the parties at the arbitration, the arbitrator was biased or corrupt, there is a significant error of law that appears on the face of the arbitrator's written arbitration award, etc.]

T/F One of the purposes of the pretrial conference is to get the parties to stipulate (i.e. agree) to facts that are not in dispute.

True. Remember this is the part of the case where the court/judge set the case for trial, address any housekeeping matters that remain in the case, tries to get the parties to agree to narrow the issues and/or facts in dispute in the case, maybe pressures the parties to settle, etc.