1. Kathy is a potential juror in a kidnapping case. Upon questioning, the defense attorney discovers that she has been previously kidnapped and that the kidnapper has been tried and let go. The defense attorney wants to have her excused and the judge agrees that Kathy may be baised. To have her excused the attorney must:
a. File a motion to dismiss
b. Use a peremptory challenge
c. Use a challenge for cause
d. File a challenge based on preemption
2. Substantive law defines:
a. Processes for settling disputes
b. The rights of people
c. The obligations of government
d. Duties owed between individuals
3. The Utilitarian approach to decision making is to :
a. Ask the following question: which alternative causes the greatest good (or least harm) to the most people.
b. Do unto others as you would have them do unto you
c. Ignore ethics
d. Utilize important books or follow the teachings of important people when making decisions.
4. Rights and duties between citizens and the government are considered:
a. Civil law
b. Public law
c. Private law
d. Common law
5. After the plaintiff has presented her case, the defendant may be granted a :
a. Directed verdict
b. Summary judgment
c. Judgment n.o.v
d. Motion to dismiss
6. If the Federal Housing Authority (FHA), an administrative agency, requires that all houses in United States must have smoke detectors. The FHA has created a :
a. Statute
b. Ordinance
c. Regulation
d. Common law
7. After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called:
a. A request for admission
b. A request for the production of documents
c. A deposition
d. Interrogatories
8. Depositions are:
a. Oral questions, answered orally asked of parties and witnesses
b. Oral questions, answered orally asked only of parties
c. Written questions, answered in writing asked of parties and witnesses
d. Written questions, answered in writing asked only of parties
9. Fred has sued Wilma demanding that she return his one of a kind rock collection that she borrowed but never returned. If the judge finds for Fred and requires Wilma to return the collection, judge has applied:
a. Public law
b. Private law
c. Common law
d. Equity law
10. In the scenario from the book, if Sheldon Baskin decided to renew the section 8 housing so that the elderly, disabled and low Income tenants would not be evicted, he and the corporation represents would be exhibiting:
a. Moral minimum ethics
b. Maximizing profit ethics
c. Utilitarian ethics
d. Absolute ethics
11. The believers and followers of fundamentalism:
a. Refer to books and outside sources for guidance
b. Believe that all are equal whether judge or judged
c. Believe that everything is right or wrong with no compromise
d. Believe that the good of the majority outweighs that of the minority.
12. Mike has sued Kathy for defamation. After a long involved trial, the jury finds in favor of the amount of $69,000.00. If the judge agrees that Mike should win but thinks that the jury should have awarded him enough money:
a. The judge may not change the amount but may declare a new trail because the jury may
b. The judge may raise the amount by utilizing a judgment non obstante verdict (judgment)
c. The judge may raise the amount by utilizing a remittitur
d. The judge may raise the amount by utilizing an additur
13. A motion for a court to issue a ruling declaring that no trial is necessary because it is an essential facts in dispute is called a:
a. Motion for a summary judgment
b. Motion for a directed verdict
c. Motion for a judgment non obstante verdict (j.n.o.v)
d. Motion for to dismiss
14. In a civil case, the plaintiff must prove the case"
a. By a preponderance of the evidence
b. By clear and convincing evidence
c. Beyond a reasonable doubt
d. None of the above; the burden of proof is on the defendant.
15. Kathy is suing Mike for a debt owed. If the statute of limitations has run (expired) if he files a:
a. Motion for a summary judgment
b. Motion for a judgment non obstante verdict (j.n.o.v)
c. Motion for a judgment directed verdict
d. Motion to dismiss
16. The concept where two laws overlap or conflict and the higher law will overrule this is called:
a. Precedent
b. Stare decisis
c. Common law
d. Preemption
17. An inmate in a state prison claims his Unites Stated constitutional rights prohibited unusual punishment are being violated by the state correctional facility. This case:
a. May not be decided by a federal court since it involves a state facility
b. Must be decided by the state court where the inmate established residency before to prison
c. Is a federal question over which the federal courts have jurisdiction
d. Cannot be heard, as prisoners lose the right to sue
18. The Golden Rule is:
a. She who has the most gold, rules
b. Do unto others as you would have then do unto you
c. The alternative that creates the most good for the most people should be chosen
d. Riches come to those who behave ethically
19. A civil case generally proceeds as follows:
a. Answer, complaint, discovery, trial, verdict
b. Complaint, answer, trial, discovery, verdict
c. Complaint, answer, discovery, trail, verdict
d. Discovery, complaint, answer, trial, verdict
20. The petit jury is chosen from the:
a. Panel
b. Array
c. Grand jury
d. cluster