Assignment: Law and the Judicial System
1. An advantage of ADR is that it
A. effectively handles constitutional law.
B. saves time and money.
C. promotes the development of the law.
D. improves the discovery process.
2. Which of the following is an ADR technique in which the parties hire a retired judge or magistrate to hear their dispute?
A. A private civil trial
B. Early neutral evaluation
C. A summary jury trial
D. Negotiated rule making
3. Antonio's attorney proves that there's no issue of any material fact, and the attorney would like to ask the court for an immediate judgment favorable to Antonio. Antonio's attorney should file a/an
A. answer.
B. writ of execution.
C. injunction.
D. summary judgment motion.
4. Vera runs a cosmetics company. A federal agency is considering adopting a rule that would adversely affect Vera's business. Vera may have input on the agency's decision if the agency uses the ADR technique called
A. med-arb.
B. arbitration.
C. negotiated rule making.
D. science court.
5. Gary sues Dennis, relying on a state law. Dennis defends himself based on a federal law involving the same subject. If Dennis wins, it will be because of
A. preemption.
B. the federal register.
C. devolution.
D. judicial review.
6. Rachel's lawyer tells her that to resolve her case, the court will have to engage in judicial review. This means that the case involves
A. constitutionality of a statute, administrative regulation, or executive action.
B. common law.
C. an appellate court.
D. judicial interpretation of a statute with ambiguous and unclear language.
7. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey's statute unconstitutional. Carl is wrong because
A. out-of-state cases aren't binding precedent in state courts.
B. only federal courts can create binding precedent.
C. more than one court has to rule a certain way before precedent is established.
D. state courts aren't bound by precedent.
8. What does a process server do?
A. Commences an action involving a criminal matter
B. Causes a summons to be issued to the defendant
C. Gives the complaint and summons to the defendant
D. Files the complaint with the court
9. April's attorney informs her that they've been served with interrogatories. Which of the following is true?
A. April will have to answer questions under oath about the case.
B. April will be required to submit to a physical examination.
C. April's attorney will have to answer questions under oath about the case.
D. April will be required to make oral statements in front of a court stenographer.
10. Big Factory, Inc., and Save the Environment, an environmental group, have a dispute over whether making Big Factory, Inc., use certain expensive antipollution devices would contribute significantly to improving air quality. A type of ADR especially suited to this dispute is
A. private civil trial.
B. science court.
C. partnering.
D. summary jury trial.
11. John sues Sally under a statute that has ambiguous language. Which of the following is true?
A. The court will interpret the statute to resolve the ambiguity.
B. The statute is invalid because of the ambiguous language.
C. John will have to find a different legal basis for his claim.
D. A legislative body will have to clarify the statute before the court can apply it to John's case.
12. The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe's state, which is also where the transaction took place. Whether Joe wins or loses depends on
A. whether members of the commission that drafted the revision were from Joe's state.
B. which version of the UCC has been adopted by the legislature in Joe's state.
C. which version of the UCC the judge thinks is most equitable.
D. which party stands to gain the most from the lawsuit.
13. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?
A. Article 6
B. Article 3
C. Article 1
D. The amendments
14. Lynn's attorney advises Lynn to resolve a case using med-arb. If Lynn and the defendant agree to use med-arb, this means
A. all issues will be decided by an arbitrator.
B. the case involves medical malpractice.
C. the case won't have an outcome unless Lynn and the defendant both agree.
D. Lynn is risking that some issues in the case will be decided by an arbitrator.
15. Scott seeks a type of ADR that will end his case, one way or the other. His best choice is
A. mediation.
B. early neutral evaluation.
C. summary jury trial.
D. binding arbitration.
16. If a writ of certiorari is issued by the U.S. Supreme Court, which of the following is true?
A. The case involves the U.S. Constitution.
B. The U.S. Supreme Court has agreed to hear the case.
C. The case will be reversed.
D. The lower courts haven't been able to agree on issues involved in the case.
17. State law prohibited public criticism of state officials. Kelly criticized the officials and was arrested. She argued that the law conflicted with the U.S. Constitution. The government argued that the law didn't conflict with the state constitution. The court agreed with both positions. Which of the following is true?
A. The law will be held invalid because a law is invalid if it conflicts with any state constitution.
B. The law will be upheld because it's a state law and is consistent with the state constitution.
C. The law will be held invalid because of the Commerce Clause.
D. The law will be held invalid because the U.S. Constitution is the supreme law of the land.
18. George and Tanya are in a legal dispute. However, they're friends, and they would like to control the outcome of the case rather than letting a judge or other third-party decide it. What is their best ADR option?
A. Binding arbitration
B. ADR contract clause
C. Mediation
D. Private civil trial
19. Karen sues Ted, claiming that under an interpretation of law given in a previously decided case, Karen should win. If so, on which of the following concepts is Karen relying?
A. Stare decisis
B. Preemption
C. Judicial review
D. Devolution doctrine
20. Ben sues Fiona. The court that initially tries the case necessarily will not have jurisdiction.
A. original
B. personal
C. subject matter
D. appellate