1. State courts can deal with any number of federal questions with
1. State courts can deal...
1. State courts can deal with any number of federal questionsSubmitted: 7 years ago.Category: Homework
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?
B. Civil tort
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
D. two or more people who have injuries from exposure to chemicals at work, on behalf
of the other employees who were exposed.
4. What do these three areas of law have in common: dismissal request, proof of service,
and small claims?
A. They’re all part of the discovery process.
B. Some states require the use of approved form pleadings.
C. They’re areas of law not taught in law school.
D. Each requires special service.
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
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,
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 the opposing lawyers
a list of all of the laws relevant to the case.
B. It’s the method by which opposing parties obtain the full and exact factual information
of the legal case.
C. It’s the process by which lawyers find out the details of the jurors being called to
serve on the case.
D. It’s the system the lawyers use to find out facts that the other side doesn’t want
revealed in the courtroom.
13. John Astor is angry with his neighbor, Wendell Suzuki, for a number of reasons, but not for
any one thing in particular. He just doesn’t like the guy. After years of suffering in silence,
he decides he is going to make up a reason to sue Suzuki. What could happen to Astor?
A. Astor is protected from any harm because he filed a lawful legal action.
B. Astor could be held in contempt of court and his house could be seized by the
C. Astor could wind up in endless legal actions as his only recourse to settle problems
D. If Suzuki proves that Astor’s action was without cause, he could countersue for
malicious prosecution. The court could impose stiff sanctions.
14. Fed. R. Civ. P. 3 states that a civil action is commenced when what single event happens?
A. A complaint is filed with the court.
B. Notice is served on the defendant.
C. The defendant acknowledges that the complaint has been served.
D. The judge agrees to accept the case.
15. In a civil proceeding, trial by jury is a right given to us from what source?
A. The Administrative Code of the Federal Court Procedures
B. The Seventh Amendment of the U.S. Constitution
C. Federal Rules of Civil Procedure
D. The Judiciary and Judicial Procedure Act
16. Which Federal Rule of Civil Procedure governs the filing of class-action lawsuits?
A. Rule 12 C. Rule 8(c)
B. Rule 23 D. Rule 55
17. In criminal litigation, motions may be filed
A. only after the trial actually begins.
B. when the judge rules that motions may be presented.
C. following the exchange of discovery by the defense and prosecution.
D. only when each side rests its case.
18. Which of the following is an example of direct examination?
A. Attorneys for the plaintiff and defendant ask questions of potential jurors during
voir dire in an attempt to assemble a sympathetic jury.
B. The defense lawyer in a malpractice suit asks the plaintiff’s expert witness questions
about inconsistencies in his testimony.
C. The trial judge in a murder trial asks potential jurors how they feel about the death
penalty, to determine juror qualifications and impartiality.
D. The defense lawyer in a murder trial calls a witness who was with the defendant
on the night of the crime, and asks questions about what he saw.
19. An answer to a verified complaint should include a verified
A. general denial and counterclaim.
B. specific denial of each point with affirmative defenses.
C. list of affirmative defenses and cross-claim.
D. general denial with affirmative defenses.
20. Johnson H. Carruthers, an architect, enters into a legal binding agreement with the
Board of Education in Harrington County, West Virginia, to design a new high school.
Carruthers used a contract form provided to him by his professional association, the
American Institute of Architects. Their standard form has been tested and upheld or
modified in various courts of law. Carruthers eventually wound up suing the Board of
Education for nonpayment. What type of law is involved?
A. Substantive law C. Procedural law
B. Evidentiary law D. Workers’ compensation law