Law 3220 Clemson Exam 1 - Jahn
Study online at https://quizlet.com/_9r9qts
To find a person guilty of a crime, the jury or judge must find
that the preponderance (majority) of the evidence is against the
accused.
(T/F)
False
The U.S Constitution created these branches of the federal government: (1) executive, (2) judicial, and (3):
a. senatorial
b. administrative
c. legislative
d. constitutional
e. states
c. legislative
The U.S common law originated in:
a. colonial America
b. the Confederate States of America
c. England
d. ancient Rome
e. the Constitution
c. England
When judges use decisions from earlier legal cases for guidance
in legal principles to solve current cases it is referred to as:
a. stare decisis
b. procedural law
c. statutory procedure
d. legal culture
a. stare decisis
With the exception of the U.S Supreme Court, Congress had the
power to abolish and create federal courts.
(T/F)
True
Most federal court of appeals cases are reviewed by the Supreme
Court.
(T/F)
False
In Blimka v My Web Wholesalers, which involved a dispute between an Idaho resident who ordered jeans from a Maine website-based seller, the Idaho court held that since the Maine seller
had no physical presence in Idaho it was not subject to Idaho court
jurisdiction.
(T/F)
False
Federal Judged are appointed for a term of:
a. four years
b. seven years
c. ten years
d. fourteen years
e. none of the other choices
e. none of the other choices
The doctrine of judicial immunity means judges may:
a. commit crimes and not be punished
b. act as diplomats for the U.S
c. be sued in their capacity as judges only if they exhibit "clear
bias" toward one party in case they hear
d. be sued for negligent application of the law
e. not be sued for damages that result from their judicial acts
e. not be sued for damages that result from their judicial acts
Which court(s) in the federal court uses juries?
a. the U.S. appellate courts
b. the U.S district courts
c. the U.S. Claims Court
d. the U.S. Court of International Trade
e. all federal courts, except the Supreme Court, use juries
b. the U.S district courts
An en banc proceeding is when:
a. all the active judges in a circuit hear a case
b. only one of the active U.S courts of appeals judges in a circuit
hears a case
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Law 3220 Clemson Exam 1 - Jahn
Study online at https://quizlet.com/_9r9qts
c. only one of the active U.S courts of appeals judges in a circuit
hears a case regarding bankruptcy
d. two of the active U.S court of appeals judges in a circuit hear a
case
e. a case is given to a magistrate for a trial
a. all the active judges in a circuit hear a case
If the U.S. Supreme court accepts a case on appeal it:
a. grants a writ of certiorari
b. grants original jurisdiction
c. grants exclusive jurisdiction
d. asserts trial de novo
e. none of the other choices are correct
a. grants a writ of certiorari
Like most European countries, France is:
a. a civil-law country
b. a appellate decision country
c. a stare decisis country
d. a common law country
e. a tort-law country
a. a civil-law country
The party who filed a law suit is the:
a. state
b. defendant
c. plaintiff
d. judge
e. bailiff
c. plaintiff
Although states are free to develop their own procedural rules,
many have adopted rules similar to:
a. the Civil Court Rules
b. the Federal Rules of Civil Procedure
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
e. none of the other choices are correct
b. the Federal Rules of Civil Procedure
Federal courts have the judicial power to hear cases involving:
a. a case involving the U.S. Internal Revenue Code
b. a dispute between citizens of different states when the amount
in controversy is over $75,000
c. a case involving a treaty between the U.S. and Canada
d. a dispute between a U.S citizen and a foreign citizen when the
amount in controversy is over $75,000
e. all of the other choices can be correct
e. all of the other choices can be correct
Besides having personal jurisdiction over a case, the court must
also have:
a. subject-matter jurisdiction
b. plaintiff jurisdiction
c. personal service jurisdiction
d. substituted service jurisdiction
e. all of the other choices are correct
a. subject-matter jurisdiction
An arbitrator's decision may be appealed based on an error of law
only.
(T/F)
False
The defendant's reply to the complaint, in which the defendant
admits or denies the allegations, is known as:
a. a rebuttal
b. an answer
c. a counter complaint
d. a motion to admit
e. a request for hearing
b. an answer
Sworn testimony, outside of the courtroom, of a witness recorded
by a court official is a:
a. request for admission
b. production of testimony
d. deposition
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Law 3220 Clemson Exam 1 - Jahn
Study online at https://quizlet.com/_9r9qts
c. discovery testimonial
d. deposition
e. demurrer of oath
In Barabin v AstenJohnson where Barabin sued for damage from
exposure to asbestos, the appeals court held that:
a. the head of a corporation is never required to testify in a
deposition
b. the head of a corporation is only required to answer written
interrogatories, not appear for a deposition
c. the head of a corporation may send a qualified corporate officer
to testify in his place
d. the expert witness for AstenJohnson could not be a company
employee
e. when the qualification of a potential expert witness is challenged
by the opposing side, a Daubert hearing must be held outside the
presence of the jury for the judge to determine
e. when the qualification of a potential expert witness is challenged
by the opposing side, a Daubert hearing must be held outside the
presence of the jury for the judge to determine if the witness of the
witness qualifies as an expert.
If a party refuses to comply with a court order to produce documents or answer written interrogatories:
a. nothing can be done, since no one can be forced to answer
question; the trial must proceed as best it can
b. nothing can be done at that time, but the questions can be asked
again during the trial to show the judge and the jury that the party c. the court can find the party in contempt of court, which can result
would not provide relevant information
in fines or imprisonment
c. the court can find the party in contempt of court, which can
result in fines or imprisonment
d. the court can declare a mistrial and order the procedure to begin
again
e. none of the other choices are correct
Summary Judgement is granted when:
a. when the plaintiff fails to provide an expert witness
b. when the court cannot apply the law to the undisputed facts of
the case
d. when the court can apply the law to the undisputed facts and
c. when the court has been in session for at least 3 months
resolve the dispute
d. when the court can apply the law to the undisputed facts and
resolve the dispute
e. none of the other choices are correct
Compensatory damages are intended to:
a. give injured parties a sum of money to restore them to the
economic position they were in before the injury
b. give inured parties more money than they had before the injury
c. give injured parties half the sum of the money needed to restore
them to the economic position they were in before the injury
d. give injured parties a sum of money to restore them to the
economic position they were in before the injury plus an extra sum
for the legal injury suffered
e. none of the other choices are correct
a. give injured parties a sum of money to restore them to the
economic position they were in before the injury
A court order to an official, such as the sheriff, to seize property
of the defendant to satisfy a judgement is known as a:
a. writ of certiorari
b. writ of execution
c. writ of payment
d. writ of law
e. writ of rejoinder
b. writ of execution
The most widely recognized form of alternative dispute resolution
process is:
a. arbitration
b. mini trials
c. mediation
d. hearings
e. none of the other choices
a. arbitration
3/6
Law 3220 Clemson Exam 1 - Jahn
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When an arbitrator is used, which is usually true:
a. the arbitrator is a biased expert
b. the arbitrators is a neutral expert in the field of dispute
c. the matter is resolved more slowly than in most court trials
d. the procedure is more costly than in a regular trial
e. all of the other choices are possible
b. the arbitrators is a neutral expert in the field of dispute
As a practical matter, when a party is unhappy with the decision
from arbitration, it is most common to:
a. appeal to the international chamber of commerce
b. appeal to the International court of justice
c. appeal to a state or federal court
d. obey the ruling
d. obey the ruling
Which of the filling is NOT part of a mediators job:
a. collecting information
b. outlining key issues
c. encouraging compromise
d. discussing options
e. all of the other specific choices are part of a mediators job
e. all of the other specific choices are part of a mediators job
Ellen contracts w James to be her stock brocket, making stock
trades for Ellen's account. Ellen need not pre-approve the trades
that James makes, only traded for more then $20,000. Clause
saying any disputes out of contract settled using arbitrator. Ellen
learns that James had been making trades more than $20,000
without permission. If Ellen take to court what should happen?
a. the court will hear case
b. the court should dismiss case
c. the court will hear case but only if both parties disagree as to
the subject matter
d. the FAA will not apply here because the dispute involves intangible property
e. none of the other choices
b. the court should dismiss case
Ellen contracts w James to be her stock brocket, making stock
trades for Ellen's account. Ellen need not pre-approve the trades
that James makes, only traded for more then $20,000. Clause
saying any disputes out of contract settled using arbitrator. Ellen
learns that James had been making trades more than $20,000
without permission. Assume that Ellen sees James unauthorized
actions as the basis for a legal dispute if she arbitrates what must
she do?
a. file a complaint
b. file an answer
c. file a submission
d. file a reverter
e. file a rejoinder
c. file a submission
Ellen contracts w James to be her stock brocket, making stock
trades for Ellen's account. Ellen need not pre-approve the trades
that James makes, only traded for more then $20,000. Clause
saying any disputes out of contract settled using arbitrator. Ellen
learns that James had been making trades more than $20,000
without permission. Who is most likely to be selected as arbitrator?
a. a federal judge
b. a neutral expert on investment issues
c. a partial expert on consumer affairs
d. a mediator
e. a conciliator
b. a neutral expert on investment issues
In Hughes v Oklahoma a statute by Oklahoma prohibiting the
export of minnows out of the state to help the species was held to
be constitutional.
(T/F)
False
4/6
Law 3220 Clemson Exam 1 - Jahn
Study online at https://quizlet.com/_9r9qts
George Washington presided over a convention at which the U.S
Constitution was drafted in which city?
a. Washington, D.C.
b. Richmond
c. Philadelphia
d. Baltimore
e. New York
c. Philadelphia
Many key parts of the Constitution are written:
a. as an allegory of the human struggle
b. in specific language granting rights to citizens
c. in highly specific language capable of one interpretation
d. in language that can be interpreted in different ways
d. in language that can be interpreted in different ways
Taken together, the Necessary and Proper Clause and the Commerce Clause provided justification for:
a. broad Congressional regulation of business
b. broad state government control of interstate commerce
c. presidential control of foreign trade
d. senate control of trade negotiations
e. none of the other choices
a. broad Congressional regulation of business
Wickard v Filburn concerned the ability of Congress to impose
controls on wheat growing, including a small farm that produced
a small amount of wheat for use on the farm. The supreme court
held that the controls were:
a. constitutional; while one farmer made no difference, many small
farmers could have an impact on interstate commerce
b. unconstitutional since such a small amount of insufficient com- a. constitutional; while one farmer made no difference, many small
merce, but the regulations could be written to apply to all active farmers could have an impact on interstate commerce
sellers in the wheat market
c. unconstitutional since all of the wheat was sold or used within
the state
d. unconstitutional since none of the wheat was sold; all wheat
was used on the farm
e. constitutional only to wheat actually sold in interstate commerce
Katzenbach v McClung involved a restaurant that served food
back to black customers only at take-out windows. White customers would be seated. The Supreme Court held that the:
a. business was not in violation of the 14th amendment because
it was purely local
b. amount of commerce involved was so trivial that congress had c. Civil Rights Act of 1964 was constitutional as it applied to public
no power to regulate it
accommodations due to the commerce clause
c. Civil Rights Act of 1964 was constitutional as it applied to public
accommodations due to the commerce clause
d. Necessary and Proper Clause does not extend to business that
are entirely local
e. none of the other choices
In addition to raising revenue to pay for government services,
taxes:
a. can deter or encourage certain behaviors
b. can lead to efficient production
c. can influence politicians
d. can influence Supreme court justices
e. none of the choices
a. can deter or encourage certain behaviors
A nuclear power plant is an example of:
a. a closely regulated business that can be searched without a
warrant
b. a business that may not be searched without a warrant
a. a closely regulated business that can be searched without a
c. a closely regulated business that may not be searched without warrant
a warrant
d. a business that can never be searched due to the danger of
possible nuclear contamination
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Law 3220 Clemson Exam 1 - Jahn
Study online at https://quizlet.com/_9r9qts
Regulatory takings cases indicate that:
a. the destruction of a property value must be almost complete for
compensation to be due
b. the destruction of property value need not be extensive for
a. the destruction of a property value must be almost complete for
compensation to be due
compensation to be due
c. the destruction of property need not to be more than 50% for
compensation to be due
d. the destruction of property value is irrelevant
e. none of the other choices are correct
A defendant is allowed to file a motion to dismiss a plaintiff's
complaint but which of these would not be appropriate to file:
a. the court does not have jurisdiction over the subject matter
b. the court does not have jurisdiction over the defendant
c. there was not proper service of the complaint
d. the plaintiff failed to state a claim for which the law provides a
remedy
e. all of the above choice are possibly appropriate
e. all of the above choice are possibly appropriate
If, in response to a plaintiff's complaint, a defendant asserts that
the plaintiff owes the defendant money, the defendant has made
a:
a. demurrer
b. affirmative defense
c. counterclaim
d. motion for judgement notwithstanding the verdict
c. counterclaim
Which of the following is not a typical tool of the discovery process
in civil litigation:
a. depositions
b. wire taps
c. interrogatories
d. subpoena duces tecum
b. wire taps
The ____ Amendment to the U.S Constitution gives the federal
government the power to impose income taxes:
a. 14th
b. 5th
c. 16th
d. 21st
c. 16th
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