Week 1 Chapter 2 and 4

Which of the following is true of a minitrial? a. In a minitrial, one party obtains information about witnesses from the other party. b. In a minitrial, the parties narrow the focus of the case to one or more limited issues. c. In a minitrial, the decision is always fully binding on the parties. d. In a minitrial, the case is invariably heard by professional, practicing jurors.

b. In a minitrial, the parties narrow the focus of the case to one or more limited issues.

Which of the following is true of a judgment notwithstanding the verdict? a. It allows the plaintiff to demand payment from the defendant of a judgment won in court. b. It allows the judge to set aside the verdict and enter a judgment in favor of the other party. c. It allows the clerk of court to issue a demand for a new trial. d. It allows the plaintiff, without further process, to obtain a portion of the defendant's wages.

b. It allows the judge to set aside the verdict and enter a judgment in favor of the other party.

Identify a true statement about the executive branch of government. a. It has the function of making laws. b. It has the function of executing the laws. c. It has the function of interpreting the laws. d. None of these choices are correct.

b. It has the function of executing the laws.

A body of principles that establishes the structure of a government and the relationship of the government to the people who are governed is called: a. a bicameral body. b. a constitution. c. a federal system. d. Congress

b. a constitution.

When reviewing the trial and decision of a trial court, an appellate court hears the same witnesses and takes the same testimony that the trial court did in rendering the decision. Is this true? a. No, the appellate court simply reviews the transcript and evidence from the trial court. b. No, the appellate court only hears the witnesses testify a second time (without exhibits). c. Yes, but it is true only when the outcome of a case is clearly wrong. d. Yes, but it is true only when the losing party desires a new trial.

a. No, the appellate court simply reviews the transcript and evidence from the trial court.

Article V of the U.S. Constitution gives the procedure for amending the Constitution. If the Constitution is amended following this procedure, it can be said that the Constitution has been amended: a. expressly. b. by interpretation. c. by practice. d. through departure from the written Constitution.

a. expressly.

Federal courts have exclusive jurisdiction only over: a. federal criminal prosecutions. b. federal questions. c. diversity of citizenship cases where the amount in controversy is over $75,000. d. diversity of citizenship cases where the amount in controversy is $75,000 or less.

a. federal criminal prosecutions.

The bicameral body in the U.S. government: a. is the national legislature or Congress. b. interprets the laws made by the executive branch of the government. c. establishes the structure and powers of the government. d. is elected by an electoral college.

a. is the national legislature or Congress.

A process in which a neutral third party acts as a messenger to help the parties in a dispute to resolve their disagreement is known as: a. mediation. b. discovery. c. consensual arbitration. d. compulsory arbitration.

a. mediation

Statements by opposing attorneys that tell the jury what their cases will prove are called: a. opening statements. b. summative statements. c. instructions. d. depositions.

a. opening statements.

The living Constitution has the following characteristics EXCEPT: a. strong state governments. b. a strong president. c. diminution of state powers relative to those of the federal government. d. administrative agencies.

a. strong state governments.

Members of the Senate: a. are appointed by the president with the approval of the House of Representatives. b. are popularly elected for a term of six years. c. enforce the law. d. are part of a unicameral system.

b. are popularly elected for a term of six years.

The U.S. Supreme Court has made the greatest changes to the written Constitution, and these changes have been brought about by __________. a. departure from treaty b. judicial interpretation c. the formal amending process d. creating regulations

b. judicial interpretation

Examples of limited or special jurisdiction courts include: a. appellate courts. b. juvenile courts. c. circuit courts. d. superior courts.

b. juvenile courts

Which of the following statements defines a demurrer? a. It is a legal pleading that contains denials, admissions, affirmative defenses, or counterclaims. b. It is a pleading that is a statement of the initial claim against the defendant. c. It is a pleading by a defendant to dismiss the plaintiff's lawsuit for not stating a cause of action or a defense. d. It is a judgment against a defendant who fails to respond to a complaint.

c. It is a pleading by a defendant to dismiss the plaintiff's lawsuit for not stating a cause of action or a defense.

Which of the following powers is reserved solely to the national government? a. The police power b. The power to tax c. The power to coin money d. The power to pass legislation

c. The power to coin money

Identify a true statement about arbitration. a. An arbitrator can assume authority to decide disputes that involve the same parties but which are not covered under the terms of the arbitration clause. b. If the parties provide, within their arbitration agreements, a clause that the decision of the arbitrator will be final, they cannot contest the arbitrator's decision under any circumstances. c. When a contract subject to the Federal Arbitration Act provides for the arbitration of disputes, the parties are bound to arbitrate in accordance with the federal statute. d. The Federal Arbitration Act provides that an arbitration clause in a contract relating to an interstate transaction is valid and enforceable but not irrevocable.

c. When a contract subject to the Federal Arbitration Act provides for the arbitration of disputes, the parties are bound to arbitrate in accordance with the federal statute.

In 1937, the U.S. Supreme Court began expanding the scope of the commerce clause of the Constitution by: a. prohibiting the U.S. government from engaging in interstate commerce. b. prohibiting the U.S. government from regulating interstate commerce. c. developing a precedent for the passage of federal statutes with a broad interpretation of what constituted interstate commerce. d. giving private-sector businesses, not Congress, the authority to adopt laws to regulate interstate commerce.

c. developing a precedent for the passage of federal statutes with a broad interpretation of what constituted interstate commerce.

The ban on adopting ex post facto laws: a. applies to the federal government. b. applies to the government of the states. c. makes it unconstitutional to criminalize an act that has already been committed but was not criminal when it was committed. d. All of these choices are correct.

d.

Identify a true statement about a summary jury trial. a. The determination of the jury in this trial has a binding effect. b. Evidence is presented before a sample jury in this trial. c. Jurors are questioned by lawyers to determine whether they are biased. d. The object of this trial is to get the reaction of a sample jury.

d. The object of this trial is to get the reaction of a sample jury.

Which of the following statements is true of the taxing power of the federal government as provided by the federal Constitution? a. The states cannot collect sales tax from companies that have no physical presence in the state. b. Both national and local taxes are subject to the unwritten limitation that they be imposed for a public purpose. c. Businesses can be taxed for all of their revenues in all 50 states. d. The states can only impose taxes based on what the federal Constitution permits and not what their own individual constitutions and statutes permit.

d. The states can only impose taxes based on what the federal Constitution permits and not what their own individual constitutions and statutes permit.

The "discovery" stage of a trial proceeding includes all EXCEPT: a. written requests for production of documents. b. written interrogatories. c. a deposition. d. a summary judgment.

d. a summary judgment.

The U.S. Supreme Court is the only court expressly created by: a. Congress. b. the President. c. the Uniform State Law Commission. d. the U.S. Constitution.

d. the U.S. Constitution.