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FiveStarLaw
FiveStarLaw, Lawyer
Category: Homework
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Experience:  Lawyer, Accountant and Researcher
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1. State courts can deal with any number of federal questions

Customer Question

1. State courts can deal with any number of federal questions
with the understanding that they’re subject to review by a
federal appeals court. Which of the following must be tried
only in federal court?
A. Bankruptcy
B. Civil tort
C. Malpractice
D. Defamation of character


2. Which of the following is a legitimate criminal procedure?
A. The defendant must call witnesses at trial to prove her innocence.
B. The police tell a suspect that they’ll let him call his lawyer after he’s cooperated with
their questioning.
C. The police get a warrant before arresting a suspect based on the testimony of
witnesses to the crime.
D. A defendant who takes the witness stand must confess if the prosecutor asks directly,
“Did you do it?”


3. A class action may be brought by
A. a consumer of a diet product who develops health problems, on behalf of everyone
else who ever purchased the product.
B. two or more people who have damages caused by different part failures in the same
make and model cars.
C. the family of a child injured by a defective toy, to force the manufacturer to recall
the toy.
D. two or more people who have injuries from exposure to chemicals at work, on behalf of
the other employees who were exposed.


4. The State of Utopia has a statute that requires a prosecutor to prove the following facts
before someone can be convicted of drunk driving:
(1) The driver of the vehicle was intoxicated.
(2) The driver was operating the vehicle on a public road.
Dan is on trial for drunk driving. Utopia’s Prosecutor introduces evidence to show that Dan
was intoxicated. She then rests her case without presenting any facts about where he was
driving. What type of motion should Dan’s defense attorney should make?
A. A motion to postpone the trial until the prosecution can prove Dan was on a
public road
B. A motion for nonsuit because the prosecutor hasn’t presented sufficient facts to
make a prima facie case.
C. A motion to dismiss because the defendant has provided ineffective assistance
of counsel.
D. A motion for summary judgment because there are no issues of fact.


5. During a trial, the opposing lawyers have the opportunity to file motions. What is the real
purpose of filing a motion?
A. To inform the court of upcoming strategies
B. To provide additional information to the court not in the original complaint
C. To gain an advantage over the opposing lawyer
D. To reschedule certain elements of the case


6. Brown v. Anderson is a lawsuit brought by Andrew J. Brown, a songwriter from Nashville,
Tenn., against Anderson Publishing Co., which owns the rights to a song Brown said he
wrote in 1963 and for which Anderson hasn’t been paying royalties. Brown files the lawsuit
in local county court in Nashville because his lawyer says that will resolve the contract suit
the fastest. However, the defendant views the case as a copyright case that belongs in the
federal district court. How does this case get to federal court?
A. The federal district court orders that this case be brought before it.
B. The U.S. Supreme Court orders the federal district court to hear this case.
C. Anderson files a motion for judgment on the pleadings.
D. Anderson files a motion for removal jurisdiction.


7. A national paralegal organization wishes to make its opinion known to the Supreme Court,
in a case involving the licensing of paralegals. What is the procedure the organization
should follow?
A. It should file an amicus curiae brief.
B. It should file a motion to continue, to prevent the parties from settling.
C. It should file a brief detailing findings of fact.
D. It should file a motion to file supplementary pleadings.


8. The power to issue writs is addressed in which body of jurisdictional and procedural rules?
A. The Uniform Civil Practices Act
B. The Judiciary and Judicial Procedure Act
C. Local rules of court
D. Purdon’s Codified Statutes


9. A cause of action that’s good enough to require rebuttal, and to submit the case
to trial, is a
A. summary judgment case. C. habeas corpus case.
B. direct to verdict case. D. prima facie case.


10. In the courtroom of County Common Pleas Court Judge XXXXX XXXXX, all attorneys
are required to address their questions of witnesses while standing at a lectern. If the
attorney wishes to hand a legal document to the witness or to the judge, he or she first
must ask permission of the court. This requirement is an example of
A. local rules of court. C. substantive law.
B. procedural law. D. jurisdictional law


11. What court order can be appealed?
A. All orders made by the presiding judge
B. All orders made by the presiding judge to whom objections had been made
C. All final orders which dispose of the entire case
D. Orders to which the judge indicates there’s the right to appeal


12. Once a lawsuit has been served and the preliminary trial work has begun, there’s a
procedure available known as discovery. What is discovery?
A. It’s a process whereby the court of jurisdiction releases to
Submitted: 2 years ago.
Category: Homework
Expert:  FiveStarLaw replied 2 years ago.
Hello,


Thank you for your questions

I am working on your answer. One moment please.
Customer: replied 2 years ago.

Okay Madam...it's been a while now..Hope you doing good.

Expert:  FiveStarLaw replied 2 years ago.
Thank you so much for remembering me :-) I will have your answers in about 5 min.
Expert:  FiveStarLaw replied 2 years ago.
THIS ANSWER IS LOCKED!

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FiveStarLaw, Lawyer
Category: Homework
Satisfied Customers: 36564
Experience: Lawyer, Accountant and Researcher
FiveStarLaw and 2 other Homework Specialists are ready to help you

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