Type:
Test Bank
Resource:
Business Law
Edition:
10th Edition
Author(s):
Henry R. Cheeseman
Business Law, 10e (Cheeseman) Chapter 1 Legal Heritage and the Digital Age 1) ________ is that which must be obeyed and followed by citizens subject to sanctions or legal consequences. A) Morality B) Philosophy C) Law D) Religion Answer: C Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 2) Law is described as ________. A) a body of rules of action or conduct prescribed by controlling authority, and having binding legal force B) a study of fundamental problems, such as those connected with existence, knowledge, and language C) a system that builds and organizes knowledge in the form of testable explanations and predictions D) a group of hypotheses employed to explain a phenomenon Answer: A Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 3) Which of the following would be considered an example of shaping moral standards, as seen as a function of the law? A) laws granting freedom of speech and religion B) laws discouraging drug and alcohol abuse C) laws providing rights to peaceful protest D) laws preventing overthrow of a government Answer: B Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept
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4) What function of the law is being served when passing laws that prohibit discrimination at workplaces? A) keeping the peace B) providing a basis for compromise C) maintaining the status quo D) promoting social justice Answer: D Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 5) Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor of Halizona sets up a committee to study the effects of past earthquakes on Halfren and the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which of the following functions of the law did the state government of Halizona exhibit in this case? A) promoting social justice B) maximizing individual freedom C) shaping moral standards D) facilitating orderly change Answer: D Diff: 2 LO: 1.1 Define law. AACSB: Application of knowledge Classification: Application 6) What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown? A) maintaining the status quo B) shaping moral standards C) facilitating orderly change D) promoting social justice Answer: A Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept
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7) By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve? A) facilitating orderly change B) maintaining the status quo C) maximizing individual freedom D) facilitating planning Answer: C Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 8) Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case? A) promoting social justice B) maximizing individual freedom C) providing a basis for compromise D) maintaining the status quo Answer: C Diff: 2 LO: 1.1 Define law. AACSB: Application of knowledge Classification: Application 9) The Supreme Court case decision on the case of Brown v. Board of Education was important because it exhibited ________. A) the use of the affirmative action policy B) the flexibility of the law C) the state's supremacy over federal rulings D) the importance of following precedent Answer: B Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 10) Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business. Answer: FALSE Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept
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11) Laws in the United States are not set to evolve with changes in social norms. Answer: FALSE Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 12) Laws should not attempt to shape society's moral standards. Answer: FALSE Diff: 1 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 13) The American system of law is set up to be one of the fairest and most democratic systems ever developed. When our system of law fails, it is often because of human failure — abuses of discretion, mistakes by judges and juries, and unequal application of law. Answer: TRUE Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept 14) What characteristic of the American legal system was most clearly illustrated by the U.S. Supreme Court's opinion in Brown v. Board of Education? Explain your answer. Answer: The U.S. Supreme Court illustrated flexibility of the law in deciding Brown v. Board of Education in 1954. The Court in Brown v. Board of Education overturned an 1896 U.S. Supreme Court decision, Plessy v. Ferguson, in which the Court had held the separate but equal doctrine to be constitutional. In reversing its 1896 decision, the Court in 1954 found that the separate but equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Although the decision was controversial in 1954, requiring both court orders and military action to enforce it, the Supreme Court was unanimous in its determination that society had evolved to prohibit separate facilities for schoolchildren of different races. Diff: 2 LO: 1.1 Define law. AACSB: Analytical thinking Classification: Concept
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15) ________ is described as the science or philosophy of the law. A) Morality B) Ethics C) Justice D) Jurisprudence Answer: D Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 16) Philosophers of the ________ School of jurisprudence emphasize a moral theory of law, where law is based on morality and ethics, and is discovered by human reasoning and making choices between good and evil. A) Sociological B) Analytical C) Historical D) Natural Law Answer: D Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 17) The Analytical School of jurisprudence maintains that the law is ________. A) shaped by logic B) based on social behavior C) set by the ruling class D) based on morality Answer: A Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 18) Which school of jurisprudence views law as a sort of evolutionary process, where changing norms of society will be reflected in the law? A) the Natural Law School of jurisprudence B) the Sociological School of jurisprudence C) the Analytical School of jurisprudence D) the Historical School of jurisprudence Answer: D Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 5 ..
19) Imposing a ban on public smoking can serve as an example of a law that adheres to the ________ School of jurisprudence. A) Command B) Sociological C) Law and Economics D) Analytical Answer: B Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 20) The philosophers of the Command School of jurisprudence will assert that the law is ________. A) developed, communicated, and enforced by the ruling party B) a means to achieve and advance sociological goals C) a collection of a society's traditions and customs that has developed over the centuries D) based on human reasoning, and humans' choosing power between what is good and evil Answer: A Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 21) Which school of jurisprudence bases its principles, for solving legal disputes, on broad notions of fairness, and subjective decision making by judges? A) the Natural Law School of jurisprudence B) the Analytical School of jurisprudence C) the Critical Legal Studies School of jurisprudence D) the Sociological School of jurisprudence Answer: C Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 22) Which school of jurisprudential thought emphasizes using law as a tool for market efficiency while solving legal disputes? A) the Critical Legal Studies School of jurisprudence B) the Command School of jurisprudence C) the Sociological School of jurisprudence D) the Law and Economics School of jurisprudence Answer: D Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 6 ..
23) Which school of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter? A) the Natural Law School B) the Historical School C) the Sociological School D) the Analytical School Answer: A Diff: 2 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 24) The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met specific physical requirements. Which of the following schools of jurisprudential thought does such draft laws adhere to the most? A) the Historical School of jurisprudential thought B) the Natural Law School of jurisprudential thought C) the Sociological School of jurisprudential thought D) the Command School of jurisprudential thought Answer: D Diff: 2 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 25) The Law and Economics School of jurisprudential thought believes that promoting market efficiency should be the central goal of legal decision making. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 26) The Critical Legal Studies School proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept
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27) The Critical Legal Studies School of jurisprudential thought seeks to restrict the subjective decision-making powers of judges. Answer: FALSE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 28) The Command School of jurisprudence believes that the law is a set of rules developed, communicated, and enforced by the ruling party. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 29) Sociological philosophers are unlikely to adhere to past law as precedent. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 30) The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself. Answer: FALSE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 31) Natural Law School of jurisprudence emphasizes shaping laws based on morals and ethics. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 32) Legal precedent is a key feature of the Historical School of jurisprudence. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept
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33) The Law and Economics School believes that legal decision making should be functional to market efficiency. Answer: TRUE Diff: 1 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 34) Differentiate between the Historical School of jurisprudence and the Sociological School of jurisprudence. Answer: The Historical School of jurisprudence believes that the law is an aggregate of social traditions and customs that have developed over the centuries. It believes that changes in the norms of society will gradually be reflected in the law. To these legal philosophers, the law is an evolutionary process. The Sociological School of jurisprudence asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this philosophy, known as realists, believe that the purpose of law is to shape social behavior. Sociological philosophers are unlikely to adhere to past law as precedent. Diff: 2 LO: 1.2 List and describe the schools of judicial thought. AACSB: Analytical thinking Classification: Concept 35) What was a result of the development of the English common law? A) the development of forensic science in helping decide cases B) the supremacy of the king and his intervening powers when deciding cases C) the use of precedent of past cases for judges to decide present similar cases D) the subjective decision making of judges when it came to similar cases Answer: C Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 36) What was a reason for the creation of law courts during the early development of the English common law? A) to administer law in a uniform manner B) to help merchants form a standardized set of commercial laws C) to increase the power of the king in law-making D) to facilitate legal disputes for the wealthy and influential Answer: A Diff: 2 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept
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37) Which of the following statements best indicates how chancery courts were different from law courts? A) Chancery courts emphasized developing merchant laws rather than laws for the common citizen. B) Chancery courts inquired into the merits of a case rather than emphasize legal procedures. C) Chancery courts emphasized a standard set of remedies across different cases rather than provide equitable remedies. D) Chancery courts had lower precedence level over legal decisions than the law courts. Answer: B Diff: 2 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 38) ________ courts were allowed to give equitable remedies under the English common law. A) Merchant B) Law C) Chancery D) Appellate Answer: C Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 39) What led to the creation of the Chancery Courts? A) the insistence for a court system that emphasized legal procedure rather than the merits of a case B) the law courts' inability to hear all the cases presented to them C) the increase in overseas trade and proliferation of piracy D) the unfair results and limited remedies provided by the law courts Answer: D Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 40) Equitable orders and remedies of the Court of Chancery took precedence over the legal decisions and remedies of the law courts. Answer: TRUE Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept
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41) The merchant courts were established because of the unfair results and limited remedies available in the chancery courts. Answer: FALSE Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 42) When the American colonies were first settled, the English system of law was adopted as the system of jurisprudence. Answer: TRUE Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 43) The Chancery courts under the English common law were under the authority of the Lord Chancellor. Answer: TRUE Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 44) The law courts of the English common law could only provide monetary awards for damages. Answer: TRUE Diff: 2 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 45) The law courts of the English common law emphasized legal procedure over the merits of an individual case. Answer: TRUE Diff: 1 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept
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46) Give an account of the Law Merchant in early English common law. Answer: As trade developed during the Middle Ages, merchants who traveled about England and Europe developed certain rules to solve their commercial disputes. These rules, known as the "law of merchants" or the Law Merchant, were based on common trade practices and usage. Eventually, a separate set of courts was established to administer these rules. This court was called the Merchant Court. In the early 1900s, the Merchant Court was absorbed into the regular law court system of England. Diff: 2 LO: 1.3 Learn the history and development of American law. AACSB: Analytical thinking Classification: Concept 47) What is considered as the supreme law of the land in the United States? A) judicial decisions issued by the state courts B) the Constitution of the United States of America C) the federal statutes passed by the United States Congress D) executive orders passed by the president Answer: B Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 48) The ________ branch of the federal government has the power to enforce the law. A) judicial B) legislative C) executive D) commissary Answer: C Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 49) What is the function of the judicial branch of the federal government? A) It has the power to interpret and determine the validity of the law. B) It has the power to enact the law. C) It has the power to enforce the law. D) It has the power to act as a liaison between the legislative and executive branches. Answer: A Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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50) The ________ branch of the federal government has the power to enact laws. A) legislative B) judicial C) consulate D) executive Answer: A Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 51) Which of the following legal documents establishes the U.S. federal government and specifies its powers? A) federal statutes B) the U.S. Constitution C) the combined list of state statutes D) the set of codified laws called ordinances Answer: B Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 52) A(n) ________ is a compact made between two or more nations. A) amendment B) treaty C) charter D) statute Answer: B Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 53) A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere. A) charter B) treaty C) executive order D) statute Answer: D Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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54) From the following, identify an example of codified law in the United States? A) judicial rulings B) federal statutes C) treaties D) executive orders Answer: B Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 55) Ordinances are codified laws that are issued by ________. A) the president B) the state legislature C) the Supreme Court judges D) local government bodies Answer: D Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 56) ________ are established by the legislative and executive branches of the federal and state governments to enforce and interpret statutes enacted by the Congress and state legislatures. A) Commissaries B) State courts C) Administrative agencies D) Councils Answer: C Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 57) What is a judicial decision? A) a decision issued by the executive branch in a state of emergency B) a decision about an individual lawsuit issued by a federal or state court C) a codified law passed by the state legislature D) a decision issued by the legislative branch to establish courses of conduct to which covered parties must adhere Answer: B Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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58) Stare decisis is the doctrine of ________. A) providing proof to assert a fact in court B) adhering to legal precedent C) separating powers between state and religion D) ensuring all legal rights are provided to a person when otherwise deprived of them Answer: B Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 59) How is legal precedent used between courts of different states? A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions. B) Courts of a state must follow precedent from courts of another state for similar cases. C) Courts of a state can use precedent from courts of another state as a form of guidance. D) Courts of a state cannot challenge the precedent of courts of another state. Answer: C Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 60) How does the doctrine of stare decisis help in creating stability in a legal system? A) by ensuring that witnesses of a case will be protected by the state B) by ensuring that the legal rights of a defendant are preserved C) by allowing the use of precedent in deciding future cases D) by allowing the use of writs Answer: C Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 61) The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________. A) intelligence agency B) congressional body C) judicial body D) administrative agency Answer: D Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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62) According to the priority of law in the United States, which of the following statements is true? A) State regulations take precedence over state statutes. B) Valid state laws take precedence over any conflicting federal laws. C) Valid state laws take precedence over local laws. D) State laws take precedence over the U.S. Constitution within that state. Answer: C Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 63) Powers not given to the federal government by the U.S. Constitution are reserved to the states. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 64) Provisions of federal law are valid as long as they do not conflict with any state law. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 65) Within a state, the state constitution precedes the U.S. Constitution. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 66) Administrative agencies are created by the judicial branch of governments. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 67) A treaty does not require Senate approval before being passed. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 16 ..
68) Federal statutes take precedence over federal regulations. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 69) Treaties are considered to be part of the supreme law of the United States of America. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 70) Statutes are enacted by Congress and state legislatures. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 71) Federal statutes are organized by topic into code books. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 72) Statutes are written laws that establish certain courses of conduct that covered parties must adhere to. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 73) The authority to enact ordinances lies solely with the state legislatures. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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74) Executive orders are an example of codified law. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 75) Ordinances are not codified into code books. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 76) Executive orders are issued only by the executive branch of the federal or state governments. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 77) Decisions issued by administrative agencies are called statutes. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 78) State courts of one state are not required to follow the legal precedent established by the courts of another state. Answer: TRUE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 79) The doctrine of stare decisis provides that each court decision is independent and should stand on its own. Answer: FALSE Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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80) Explain the doctrine of stare decisis and how it has influenced the legal system. Answer: Adherence to precedent is called the doctrine of stare decisis. The doctrine of stare decisis promotes uniformity of law within a jurisdiction, makes the court system more efficient, and makes the law more predictable for individuals and businesses. A court may later change or reverse its legal reasoning if a new case is presented to it and change is warranted. Based on the common law tradition, past court decisions become precedent for deciding future cases. Lower courts must follow the precedent established by higher courts. That is why all federal and state courts in the United States must follow the precedents established by U.S. Supreme Court decisions. The courts of one jurisdiction are not bound by the precedent established by the courts of another jurisdiction, although they may look to each other for guidance. Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 81) Explain the priority of law in the United States. Answer: The U.S. Constitution and treaties take precedence over all other laws in the United States. Federal statutes take precedence over federal regulations. Valid federal law takes precedence over any conflicting state or local law. State constitutions rank as the highest state law. State statutes take precedence over state regulations. Valid state law takes precedence over local laws. Diff: 1 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept 82) Give an account of how the digital age has affected lawmaking in the United States. Answer: In a span of about three decades, computers have revolutionized society. Computers, once primarily used by businesses, have permeated the lives of most families as well. The electronic age arrived before new laws were written that were unique and specific for this environment. Courts have applied existing laws to the new digital environment by requiring interpretations and applications. In addition, new laws have been written that apply specifically to this new environment. The U.S. Congress has led the way, enacting many new federal statutes to regulate the digital environment. Diff: 2 LO: 1.4 List and describe the sources of law in the United States. AACSB: Analytical thinking Classification: Concept
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83) ________ consists of investigating, analyzing, evaluating, and interpreting information to solve a legal issue or case. A) Ordinance B) Critical legal thinking C) Creative problem solving D) Statute Answer: B Diff: 2 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 84) ________ consists of a professor asking students questions about a case or legal issue to stimulate critical thinking by the students. A) The Socratic method B) IRAC method C) Rote learning D) Active learning Answer: A Diff: 2 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 85) What is the first step in examining a legal case using IRAC method? A) application of the law to the facts of a case using critical thinking B) identification of a legal issue that is to be answered C) identification of the law that is to be applied to a case D) reaching a conclusion Answer: B Diff: 2 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 86) Which is an accurate list of the steps in the critical legal thinking process known as IRAC? A) Information, Research, Analysis, Communication B) Issue, Rule, Analysis, Conclusion C) Identification, Research, Analogy, Conclusion D) Information, Record, Answer, Causation Answer: B Diff: 2 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept
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87) A teaching method often used by law professors which requires a give-and-take inquiry and debate between professor and students is known as ________. A) the Socratic method B) hot-seat questioning C) the leading question approach D) the Marshall approach Answer: A Diff: 1 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 88) Critical legal thinking requires intellectually disciplined thinking. Answer: TRUE Diff: 1 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 89) More often than not, the law does not provide a bright-line answer, so legal scholars must often consider the "gray area" in determining legal disputes. Answer: TRUE Diff: 1 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept 90) Explain the IRAC method of case analysis. Answer: In the study of law, legal cases are usually examined using the IRAC method (an acronym that stands for issue, rule, application, and conclusion) as outlined in the following: I = What is the legal issue in the case? R = What is the rule (law) of the case? A = What is the court's analysis and rationale? C = What was the conclusion or outcome of the case? First, the facts of the case are investigated and understood. Next, the legal issue that is to be answered is identified and succinctly stated. Then the law that is to be applied to the case is identified, read, and understood. Once the facts, law, and legal issue have been stated, critical thinking is used in applying the law to the facts of the case. This requires that the decision maker – whether a judge, juror, or student – analyze, examine, evaluate, interpret, and apply the law to the facts of the case. Last, the critical legal thinker must reach a conclusion and state his or her judgment. Diff: 2 LO: 1.5 Learn what critical legal thinking is and how to apply it to analyzing legal cases. AACSB: Analytical thinking Classification: Concept
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Business Law, 10e (Cheeseman) Chapter 2 Courts and Jurisdiction 1) ________ are courts that hear matters of a specialized or limited nature. A) General-jurisdiction trial courts B) Inferior trial courts C) Intermediate appellate courts D) Chancery courts Answer: B Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 2) ________ are courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts. A) Courts of record B) Intermediate appellate courts C) Inferior trial courts D) State supreme courts Answer: A Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 3) ________ hears appeals from trial courts. A) The highest state court B) A court of record C) An inferior trial court D) An intermediate appellate court Answer: D Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept
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4) Decisions of the ________ are final unless a question of law is involved that is appealable to the U.S. Supreme Court. A) courts of appeals B) courts of records C) highest state courts D) general-jurisdiction trial courts Answer: C Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 5) Which of the following is a function of the state supreme courts? A) conducting trials related to misdemeanor criminal law B) hearing appeals from intermediate appellate state courts and certain trial courts C) conducting trials related to felonies and civil disputes D) reviewing the judgments and records of the lower courts and ratifying them Answer: B Diff: 2 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 6) Which of the following statements is true about intermediate appellate courts? A) They hear new evidence and testimony that have come to light after the trial courts have made their decision. B) They do not grant any oral hearings to the parties. C) They have jurisdiction to hear cases of a limited or specialized nature. D) They review either pertinent parts or the whole trial court record from the lower court. Answer: D Diff: 2 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 7) A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction court or an appellate court. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept
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8) In small claims courts, it is necessary that the parties are represented by a lawyer. Answer: FALSE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 9) General-jurisdiction trial courts can be found in every state. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 10) In general-jurisdiction trial courts, the testimony and evidence at trial are recorded and stored for future reference. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 11) The decisions handed down by the general-jurisdiction trial courts are appealable to an intermediate appellate court or the state supreme court. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 12) Intermediate appellate courts review new evidence or testimony that was not seen or heard in the lower courts. Answer: FALSE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 13) Intermediate appellate court decisions are final and cannot be appealed to any higher courts. Answer: FALSE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept
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14) The intermediate appellate courts do not allow the parties to have oral hearings. Answer: FALSE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 15) No new evidence or testimony is heard in the state supreme courts. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 16) Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court. Answer: TRUE Diff: 1 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept 17) Explain the differences between limited- and general-jurisdiction trial courts in the state court systems. In your answer, provide some examples of limited-jurisdiction trial courts. Answer: Limited-jurisdiction trial courts, also called inferior courts, can only hear matters of a limited nature. Some examples of limited-jurisdiction trial courts are traffic court, juvenile court, justice-of-the-peace court, probate court, family law court, small-claims court, and specialized misdemeanor criminal court. Most limited-jurisdiction trial courts keep records of proceedings. The decisions of limited-jurisdiction trial courts are usually appealable to general-jurisdiction trial courts or appellate courts. On the other hand, general-jurisdiction trial courts, also known as courts of record, hear matters that do not fall within the jurisdiction of a limited-jurisdiction trial court. Trial testimony and evidence are stored for future reference. Decisions of general-jurisdiction trial courts are appealable to an intermediate appellate court or to the state supreme court. Diff: 2 LO: 2.1 Describe state court systems. AACSB: Analytical thinking Classification: Concept
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18) The ________ established by Congress have limited jurisdiction. A) state supreme courts B) state appeals courts C) special federal courts D) courts of records Answer: C Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 19) Which of the following courts are the federal court system's trial courts of general jurisdiction? A) the U.S. district courts B) the U.S. Tax Courts C) the U.S. courts of appeals D) the U.S. courts of federal claims Answer: A Diff: 2 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 20) The geographical area served by each U.S. court of appeals is referred to as a ________. A) district B) county C) range D) circuit Answer: D Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 21) The ________ has special appellate jurisdiction to review the decisions of the Court of Federal Claims, the Patent and Trademark Office, and the Court of International Trade. A) U.S. District Court B) U.S. Court of Appeals for the Federal Circuit C) First Circuit Court D) District of Columbia Circuit Answer: B Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept
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22) The ________ hears cases brought against the United States. A) U.S. Supreme Court B) U.S. Tax Court C) U.S. Court of Federal Claims D) U.S. District Court Answer: C Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 23) Which of the following courts are considered as the federal court system's intermediate appellate courts? A) the U.S. Courts of Appeals for Veterans Claims B) the U.S. courts of appeals C) the U.S. district courts D) the U.S. courts of federal claims Answer: B Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 24) Why was the Court of Appeals for the Federal Circuit created? A) It was created to exercise appellate jurisdiction over members of the armed services. B) It was created to hear cases that involve federal tax laws. C) It was created to provide uniformity in the application of federal law in certain areas, particularly patent law. D) It was created to hear appeals from intermediate appellate state courts and certain trial courts. Answer: C Diff: 2 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 25) Which of the following courts was created by Article III of the U.S. Constitution? A) the U.S. Supreme Court B) the U.S. Tax Court C) the U.S. Court of Appeals D) the U.S. Court of Federal Claims Answer: A Diff: 2 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept
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26) The U.S. Supreme Court is composed of ________ justices. A) nine B) six C) ten D) three Answer: A Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 27) How are the justices of the U.S. Supreme Court appointed? A) They are nominated by the president and confirmed by the U.S. Senate. B) They are appointed by the president of the United States. C) They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court. D) They are nominated by the Associate Justices and confirmed by the Chief Justice of the U.S. Supreme Court. Answer: A Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 28) Which of the following statements is true of the U.S. Supreme Court? A) The U.S. Supreme Court's decisions are appealable. B) The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C) The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D) The U.S. Supreme Court does not grant any oral hearings to the parties. Answer: C Diff: 2 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 29) Federal judges of the U.S. district courts are appointed for 14-year terms. Answer: FALSE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept
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30) Pursuant to the power given to it by Article III of the U.S. Constitution, Congress has established the U.S. courts of appeals. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 31) In the United States, each state has only a single district court. Answer: FALSE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 32) The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 33) The first 12 circuits of the federal court system are geographical. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 34) In the U.S. courts of appeals, the parties file legal briefs with the court and are given a short oral hearing. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 35) In the U.S. circuit courts of appeals, an en banc review refers to an appeal heard by a threejudge panel. Answer: FALSE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept
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36) Appeals from the Court of International Trade are heard by the U.S. Court of Appeals for the Federal Circuit. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 37) The highest court in the land is the Supreme Court of the United States, which is located in Washington DC. Answer: TRUE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 38) The Chief Justice of the Supreme Court is elected by the Associate Justices of the U.S. Supreme Court. Answer: FALSE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 39) The decisions of the U.S. Supreme Court can be appealed to higher courts. Answer: FALSE Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept 40) What is the jurisdiction of the U.S. Supreme Court? Answer: The Supreme Court, which is an appellate court, hears appeals from federal circuit courts of appeals and, under certain circumstances, from federal district courts, special federal courts, and the highest state courts. No new evidence or testimony is heard. As with other appellate courts, the lower court record is reviewed to determine whether there has been an error that warrants a reversal or modification of the decision. Legal briefs are filed, and the parties are granted a brief oral hearing. The Supreme Court's decision is final. Diff: 1 LO: 2.2 Describe the federal court system. AACSB: Analytical thinking Classification: Concept
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41) ________ refers to an official notice that the Supreme Court will review a case. A) Writ of certiorari B) Stare decisis C) En banc review D) Sua sponte Answer: A Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 42) In the U.S. Supreme Court, if all the justices voting agree as to the outcome and reasoning used to decide a case, it is a ________ decision. A) tie B) plurality C) majority D) unanimous Answer: D Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 43) In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. A) unanimous B) majority C) plurality D) tie Answer: C Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 44) Mary has already won her case at the U.S. Court of Appeals. When the case is reviewed by the Supreme Court, only eight judges are present. Four of the judges vote for Mary while the other four vote against her. Which of the following will be the result of this case? A) The case will be sent to the U.S. Court of Appeals for a review. B) Mary will win the case as she had already won at the U.S. Court of Appeals. C) The case will be reviewed again by the U.S. Supreme Court when all the judges are present. D) Mary will win and the case will set a precedent for later cases. Answer: B Diff: 2 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Application of knowledge Classification: Application 10 ..
45) Which of the following is true about a plurality decision of the Supreme Court? A) It settles a case but does not set the precedent for later cases. B) It affirms the decision of the lower court. C) It settles a case and sets the precedent for later cases. D) It causes a case to be reviewed again at a later date. Answer: A Diff: 2 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 46) Which of the following is true about a majority decision reached by the U.S. Supreme Court? A) All the judges agree as to the outcome and reasoning used to decide a case. B) A majority of the judges agree as to the outcome but not the reasoning used to decide a case. C) A majority of the justices agree as to the outcome and reasoning used to decide a case. D) An equal number of judges vote for and against the petitioner and the case remains undecided. Answer: C Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 47) Which of the following similarities is observed between tie and plurality decisions reached by the U.S. Supreme Court? A) The decisions can be appealed against in the U.S. courts of appeals. B) The decisions do not set precedent for later cases. C) The decision of the lower court is affirmed. D) New evidence and testimony is heard before reaching decisions. Answer: B Diff: 2 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept
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48) Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take? A) Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000. B) Sue can file a case against Jerry in the New York state court as she is a resident of that state. C) Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law. D) Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship. Answer: D Diff: 3 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Application of knowledge Classification: Application 49) A petitioner must file a petition for certiorari, asking the Supreme Court to hear the case. Answer: TRUE Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 50) A tie decision by the U.S. Supreme Court sets a precedent for later cases. Answer: FALSE Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 51) A justice who agrees with the outcome of a case but not the reason proffered by other justices can issue a dissenting opinion that sets forth his or her reasons for deciding the case. Answer: FALSE Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 52) The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court. Answer: FALSE Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept
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53) The U.S. Congress gives the Supreme Court discretion to decide what cases it will hear. Answer: TRUE Diff: 1 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 54) Describe the different types of decisions issued by the U.S. Supreme Court — unanimous, majority, plurality, and tie. In your answer, specify whether each kind of decision becomes binding precedent. Answer: In a unanimous decision, all the justices who hear a case agree as to both its outcome and the reasoning behind the outcome. A unanimous decision becomes precedent. A majority opinion occurs if five, six, seven, or eight justices agree on both outcome and reasoning. A majority opinion becomes precedent, just like a unanimous decision. A plurality occurs when a majority of the justices agree as to outcome but disagree as to the reasoning leading to that outcome. A plurality decision settles the case but does not provide precedent. A tie can occur only when the Court sits without all nine justices. If a tie occurs, the lower court decision is affirmed. A tie decision does not provide precedent. Diff: 2 LO: 2.3 Describe the U.S. Supreme Court and the types of cases it decides. AACSB: Analytical thinking Classification: Concept 55) ________ refer to cases arising under the U.S. Constitution, treaties, and federal statutes and regulations. A) Federal question cases B) Diversity of citizenship cases C) Federal crimes cases D) Copyrights and trademarks cases Answer: A Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept
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56) In which of the following cases do federal and state courts have concurrent jurisdiction? A) bankruptcy cases B) diversity of citizenship cases C) antitrust cases D) patents cases Answer: B Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept 57) In which of the following cases do federal courts have exclusive jurisdiction? A) cases involving sales and lease contracts B) federal question cases C) suits against the United States D) diversity of citizenship cases Answer: C Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept 58) Altonvista Inc., a company based in California, is sued by a plaintiff from the state of Texas. Which of the following statements would apply to this situation? A) The case must be heard in the California federal court as this is a subject matter in which federal courts have exclusive jurisdiction. B) If the plaintiff chooses to bring the case to the California federal court, it would stay in the federal court. C) If the plaintiff decides to bring the case to the California federal court, Altonvista Inc. can have the case moved to a California state court. D) The case can only be heard in a California state court as the matter is not subject to federal jurisdiction. Answer: B Diff: 2 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Application of knowledge Classification: Application
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59) For federal question cases to be brought in a federal court, the dollar amount of the controversy must exceed $75,000. Answer: FALSE Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept 60) If a plaintiff brings a diversity of citizenship case in state court, it will remain there unless a defendant removes the case to federal court. Answer: TRUE Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept 61) The federal court must apply federal laws in deciding diversity of citizenship cases. Answer: FALSE Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept 62) Antitrust, bankruptcy, patent and copyright cases can be heard by state courts. Answer: FALSE Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Concept
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63) Donna Driver, an Idaho resident, operated her vehicle negligently, causing an accident in Boise, Idaho. Donna veered into oncoming traffic, hitting Valerie Victim's expensive new automobile. Valerie, a resident of Wyoming, was only in Idaho for a short business trip. The damage to Valerie's vehicle is estimated to be $25,000, which is the amount Valerie now seeks in damages. Neither Donna nor Valerie was physically or emotionally injured. In what court(s) can Valerie properly file a lawsuit seeking damages? Why? Answer: There is no federal question in this case. There is only a question of state negligence law. Valerie can only bring her case in Idaho state court. Even though the parties are residents of different states, Valerie cannot bring her case in federal court because the amount in controversy does not exceed $75,000, the minimum required for removing to federal court on the basis of diversity of citizenship. Diff: 1 LO: 2.4 Explain the jurisdiction of federal courts and compare it with the jurisdiction of state courts. AACSB: Analytical thinking Classification: Application 64) Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation? A) She can sue Jeremy on John's behalf, as she has standing to sue. B) She can sue Jeremy, provided that John gives his consent. C) She can file a case in the state court where she will have standing to sue. D) She cannot sue Jeremy as she has no stake in the outcome of the case. Answer: D Diff: 2 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Application of knowledge Classification: Application 65) ________ refers to a court's jurisdiction over the parties to a lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) In personam jurisdiction D) Sua sponte jurisdiction Answer: C Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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66) ________ refers to jurisdiction to hear a case because of jurisdiction over the property of the lawsuit. A) In rem jurisdiction B) Quasi in rem jurisdiction C) Private jurisdiction D) In personam jurisdiction Answer: A Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 67) ________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state. A) In rem jurisdiction B) In personam jurisdiction C) Private jurisdiction D) Quasi in rem jurisdiction Answer: D Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 68) Why do courts need to accomplish a service of process? A) to obtain personal jurisdiction over the plaintiff in a lawsuit B) to obtain personal jurisdiction over the defendant in a lawsuit C) to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit D) to obtain jurisdiction over nonresidents who were not served summons within a state Answer: B Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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69) Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation? A) The Arkansas state court will hear this case as it has in personam jurisdiction over George. B) The Arkansas state court has in rem jurisdiction to hear this case. C) The Oklahoma state court has in rem jurisdiction to hear this case. D) The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state. Answer: C Diff: 2 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Application of knowledge Classification: Application 70) Jill wins a lawsuit against Terry in the Wyoming state court. The court passes a judgment for Terry to pay $20,000 to Jill. Immediately after the case is settled, Terry moves to Colorado, where she owns a house, and refuses to pay Jill the money. Which of the following is the best course of action for Jill? A) file a lawsuit against Terry in a Colorado state court to enforce the Wyoming court judgment B) file another case against Terry in the Wyoming state court to collect the money against Terry's property C) file a case against Terry in Wyoming to force Terry to sell her house in Colorado to pay the money D) file a case in the Colorado federal court as this qualifies as a federal question case Answer: A Diff: 2 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Application of knowledge Classification: Application 71) ________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside. A) Jurisdiction B) Venue C) Circuit D) Doctrine of stare decisis Answer: B Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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72) Donald, who is a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, who is a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case? A) state court in Louisiana because the plaintiff is from Louisiana B) state court in Texas because the defendant is from Texas C) Oklahoma federal court because the robber has committed a federal crime D) Oklahoma County Court because it is nearest in location to the scene of the crime Answer: D Diff: 2 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Application of knowledge Classification: Application 73) ________ refers to a contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract. A) No-contest clause B) Choice-of-law clause C) Forum-selection clause D) Arbitration clause Answer: C Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 74) ________ refers to a contract provision that designates a certain state's law or country's law that will be applied in any dispute concerning nonperformance of the contract. A) Choice-of-law clause B) Forum-shopping C) Arbitration clause D) Forum-selection clause Answer: A Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 75) A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over him- or herself. Answer: TRUE Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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76) Parties are not allowed to argue against the imposition of jurisdiction by a court. Answer: FALSE Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 77) A change of venue may be requested in order to find a jury that is not prejudiced. Answer: TRUE Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 78) Where a long-arm statute is present, a defendant need not have minimum contact with a state for that state's courts to have jurisdiction over the defendant. Answer: FALSE Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 79) A forum-selection clause forbids parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction. Answer: FALSE Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 80) Describe the need for forum-selection and choice-of-law clauses. Answer: One issue that often comes up when parties from different states or countries have a legal dispute is which jurisdiction's court will be used. Also, sometimes there is a dispute as to which jurisdiction's laws apply to a case. When the parties have not agreed in advance, courts must make the decision about which court has jurisdiction and what law applies. This situation causes ambiguity, and resolving it will cost the parties time and money. Therefore, parties sometimes agree in their contract as to what state's courts, what federal court, or what country's court will have jurisdiction to hear a legal dispute should one arise. Such clauses in contracts are called forum-selection clauses or choice-of-forum clauses. Of course, the selected court must have jurisdiction to hear the case. In addition to agreeing to a forum, the parties also often agree in contracts as to what state's law or country's law will apply in resolving a dispute. These clauses are called choice-of-law clauses. The selected law may be of a jurisdiction that does not have jurisdiction to hear the case. Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 20 ..
81) Discuss the significance of the Zippo Manufacturing Company v. Zippo Dot Com, Inc. case in terms of jurisdiction in cyberspace. Answer: A seminal case that addressed jurisdiction in cyberspace was Zippo Manufacturing Company v. Zippo Dot Com, Inc. Zippo Manufacturing Company (Zippo) manufacturers its well-known line of tobacco lighters in Bradford, Pennsylvania, and sells them worldwide. Zippo Dot Com, Inc. (Dot Com), which was a California corporation with its principal place of business and its servers located in Sunnyvale, California, operated an Internet website that transmitted information and sexually explicit material to its subscribers. Three thousand of Dot Com's 140,000 paying subscribers worldwide were located in Pennsylvania. Zippo sued Dot Com in U.S. District Court in Pennsylvania for trademark infringement. Dot Com defended, alleging that it was not subject to personal jurisdiction in Pennsylvania because the "minimum contacts" and "traditional notions of fair play and substantial justice" standards were not met and therefore did not permit Pennsylvania to assert jurisdiction over it. The court held that Dot Com was subject to personal jurisdiction under the Pennsylvania longarm statute and ordered Dot Com to defend itself in Pennsylvania. Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept 82) Discuss the need and significance of the long-arm statute. Answer: In most states, a state court can obtain jurisdiction in a civil lawsuit over persons and businesses located in another state or country through the state's long-arm statute. These statutes extend a state's jurisdiction to nonresidents who are not served a summons within the state. The nonresident defendant in the civil lawsuit must have had some minimum contact with the state such that the maintenance of that lawsuit in that state does not offend traditional notions of fair play and substantial justice. The exercise of long-arm jurisdiction is generally permitted over nonresidents who have (1) committed torts within the state (e.g., caused an automobile accident in the state), (2) entered into a contract either in the state or that affects the state (and allegedly breached the contract), or (3) transacted other business in the state that allegedly caused injury to another person. Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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83) Compare and contrast between in rem and quasi in rem jurisdiction. Answer: A court may have jurisdiction to hear and decide a case because it has jurisdiction over the property of the lawsuit. This is called in rem jurisdiction ("jurisdiction over the thing"). Sometimes a plaintiff who obtains a judgment against a defendant in one state will try to collect the judgment by attaching property of the defendant that is located in another state. This is permitted under quasi in rem jurisdiction, or attachment jurisdiction. Under the Full Faith and Credit Clause of the U.S. Constitution (Article IV, Section 1), a judgment of a court of one state must be given "full faith and credit" by the courts of another state. Diff: 1 LO: 2.5 Define standing to sue, jurisdiction, and venue. AACSB: Analytical thinking Classification: Concept
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Business Law, 10e (Cheeseman) Chapter 3 Judicial, Alternative, and E-Dispute Resolution 1) An attorney who receives a percentage of the amount recovered in a personal injury lawsuit, but who receives no compensation whatsoever if the lawsuit is not won or settled in the client's favor, is utilizing what kind of fee arrangement? A) hourly rate B) retainer C) flat fee D) contingency fee Answer: D Diff: 1 LO: 3.1 Describe how attorneys are compensated. AACSB: Analytical thinking Classification: Concept 2) When an attorney and client have entered into a contingency fee arrangement, it is possible that the attorney will receive no compensation at all. Answer: TRUE Diff: 1 LO: 3.1 Describe how attorneys are compensated. AACSB: Analytical thinking Classification: Concept 3) What are the advantages and disadvantages to both client and attorney when entering into a contingency fee agreement for attorney's fees? Answer: A distinct advantage for the client is that no fees are paid up front. When a client is unable to pay an attorney up front, a contingency fee arrangement is ideal. A possible disadvantage to the client is that the attorney generally receives a substantial portion — 35 to 40 percent — of a favorable settlement or award of damages. A client can negotiate the terms or shop law firms in order to enter into an agreeable contract for representation under a contingency fee arrangement. For the attorney, there is a definite downside: The attorney is paid nothing if the lawsuit is not won or settled in the client's favor. The advantages for the attorney are twofold. The attorney can work for clients who would otherwise be unable to pay for representation. Second, the payout has potential to be larger than under the terms of an hourly or flat-fee arrangement. Diff: 2 LO: 3.1 Describe how attorneys are compensated. AACSB: Analytical thinking Classification: Concept
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4) Which of the following is NOT one of the four major pretrial phases? A) pleadings B) settlement Conference C) discovery D) litigation Answer: D Diff: 1 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept 5) Which of the following is NOT one of the four major pretrial pleadings? A) complaint B) interrogatory C) cross-complaint D) answer Answer: B Diff: 1 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept 6) Litigation is the process of bringing, maintaining, and defending a lawsuit. Answer: TRUE Diff: 1 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept 7) The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings. Answer: TRUE Diff: 1 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept
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8) Briefly explain the steps involved in the pretrial litigation process. Answer: To initiate a lawsuit, the plaintiff must file a complaint in the proper court. The complaint names the parties to the lawsuit, alleges the ultimate facts and law violated, and contains a "prayer for relief" for a remedy to be awarded by the court. Following this, the defendant must file an answer to the complaint and can also file a cross-complaint against the plaintiff to claim damages. The plaintiff replies to the defendant's cross complaint. If other persons have an interest in a lawsuit, they may intervene and become parties to the lawsuit. A statute of limitations establishes the period during which a plaintiff must bring a lawsuit against a defendant. If a lawsuit is not filed within this time period, the plaintiff loses his or her right to sue. Diff: 2 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept 9) Why are pretrial hearings necessary, especially if both parties have pursued the lawsuit with full knowledge? Answer: One of the major purposes of pretrial hearings is to facilitate the settlement of a case. This saves on legal expenses incurred by both parties. It also helps to save the time of the court, which can be used to pursue other (and more crucial) cases. If no settlement is reached, the pretrial hearing is used to identify the major trial issues and other relevant factors. Diff: 2 LO: 3.2 Describe the pretrial litigation process. AACSB: Analytical thinking Classification: Concept 10) In a litigation process, the party who files a complaint is called the ________. A) bailiff B) plaintiff C) prosecutor D) defendant Answer: B Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept
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11) ________ refers to the document a plaintiff files with the court that serves on the defendant to initiate a lawsuit. A) Complaint B) Order C) Appeal D) Rejoinder Answer: A Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 12) Once a complaint has been filed with the court, the court will issue a(n) ________, directing the defendant to appear in court. A) answer B) rejoinder C) summons D) judicial restraint Answer: C Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 13) Which of the following terms denotes the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff? A) summons B) answer C) rejoinder D) rebuttal Answer: B Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 14) In which of the following cases is a default judgment entered? A) A defendant admits all the allegations in the complaint. B) There is insufficient evidence to resolve the dispute. C) The court believes that the lawsuit can be settled before/without trial. D) A defendant does not file a written response to a plaintiff's complaint. Answer: D Diff: 2 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Reflective thinking Classification: Concept 4 ..
15) A defendant who believes that he or she has been injured by the plaintiff can file a(n) ________ against the plaintiff. A) injunction B) cross-complaint C) rejoinder D) rebuttal Answer: B Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 16) A(n) ________ is a document filed by the original plaintiff to answer the defendant's crosscomplaint. A) rejoinder B) answer C) reply D) plea Answer: C Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 17) The act of other interested parties joining as parties to an existing lawsuit is termed as ________. A) intervention B) consolidation C) class action D) arbitration Answer: A Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 18) Which of the following can be filed by the defendant of a lawsuit? A) complaint B) answer C) reply D) injunction Answer: B Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 5 ..
19) Which of the following statements is true about the pretrial litigation process? A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court. B) If the plaintiff does not answer a complaint, a default judgment is entered against him or her. C) A plaintiff files a cross-complaint against the defendant to seek damages. D) A default judgment establishes the defendant's liability. Answer: D Diff: 2 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Reflective thinking Classification: Concept 20) The statute of limitations establishes the period within which ________. A) a plaintiff must bring a lawsuit against a defendant B) a defendant must file a written answer against a plaintiff's complaint C) a defendant can file a cross-complaint against the plaintiff D) a motion for judgment on the pleadings can be made by either party Answer: A Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 21) The state of Idaho has a two-year statute of limitations for personal injury actions. Graham was injured by Alice in a car accident on January 1, 2011. If Graham wants to bring a lawsuit against Alice on January 15, 2013, which of the following is most likely to be the outcome? A) Graham is allowed to sue Alice after appealing for an extension of the statute of limitations. B) Graham is not allowed to sue Alice, having lost his right to sue her. C) Graham can sue Alice but will not receive damages. D) Graham can sue Alice but is not entitled to a jury trial. Answer: B Diff: 3 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Application of knowledge Classification: Application 22) To initiate a lawsuit, the plaintiff must file a complaint in the proper court. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept
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23) The complaint and summons are served on the plaintiff. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 24) An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 25) If the defendant does not answer the complaint, a default judgment is entered against him or her. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 26) Once a default judgment is established, the plaintiff only has to prove damages. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 27) While answering a complaint, a defendant cannot assert affirmative defenses. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 28) A plaintiff who believes that he or she has been injured by the defendant can file a crosscomplaint against the defendant. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept
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29) A reply is a document filed by the original plaintiff in response to the defendant's crosscomplaint. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 30) A defendant can answer a complaint and file a cross-complaint at the same time. Answer: TRUE Diff: 2 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 31) The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 32) Despite their interest in a lawsuit, third parties may not become parties to the lawsuit. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 33) The statute of limitations for all lawsuits in the United States is two years. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 34) In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs. Answer: TRUE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept
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35) A plaintiff can appeal for the extension of the statute of limitations and sue the defendant. Answer: FALSE Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 36) What happens if a defendant is served with a complaint and a summons, but the defendant chooses not to answer, hoping that the lawsuit will go away? Answer: If a defendant does not answer the complaint, default judgment will be entered against him or her. A default judgment establishes the defendant's liability. Plaintiff is relieved of the duty to prove his or her case. Plaintiff must then only establish damages. Diff: 1 LO: 3.3 Define complaint, summons, and answer, and describe the pleading process. AACSB: Analytical thinking Classification: Concept 37) In which of the following cases does a class action occur? A) There are no factual disputes to be decided by the jury. B) The defendant has multiple grounds for appeal. C) A group of plaintiffs collectively bring a lawsuit against a defendant. D) The plaintiff does not reply to the defender's cross-complaint. Answer: C Diff: 2 LO: 3.4 Define class action and describe the requirements for bringing a class action lawsuit. AACSB: Reflective thinking Classification: Concept 38) A class action is a court order directing the defendant to appear in court and answer the complaint. Answer: FALSE Diff: 1 LO: 3.4 Define class action and describe the requirements for bringing a class action lawsuit. AACSB: Analytical thinking Classification: Concept 39) When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation. Answer: FALSE Diff: 1 LO: 3.4 Define class action and describe the requirements for bringing a class action lawsuit. AACSB: Analytical thinking Classification: Concept
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40) A class action lawsuit is certified only if there is commonality among the plaintiffs' claims. Answer: TRUE Diff: 1 LO: 3.4 Define class action and describe the requirements for bringing a class action lawsuit. AACSB: Analytical thinking Classification: Concept 41) When is it appropriate for a court to certify a class to maintain a class action lawsuit? What factors weigh in favor of certification? What factors weigh against certification? Answer: A class action lawsuit is appropriate when a group of plaintiffs collectively bring a lawsuit against a defendant. To obtain certification, the class must have common legal and factual claims, it must be impracticable for individual claimants to bring multiple lawsuits against the defendant, the claims and defenses must be typical for both plaintiffs and defendant, and the representative parties must be able to adequately protect the interests of the class. Certification is not appropriate if there is not sufficient commonality among plaintiffs' claims or if the court finds a class action is not suitable to the facts of the case. Diff: 2 LO: 3.4 Define class action and describe the requirements for bringing a class action lawsuit. AACSB: Analytical thinking Classification: Concept 42) The term ________ refers to the oral testimony given by a party or witness prior to trial. A) class action B) deposition C) interrogatory D) intervention Answer: B Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 43) Which of the following statements is true of deposition? A) A deposition has to be a written statement. B) A witness' deposition is voluntary and not pursuant to a court order. C) Deposition is given post trial. D) A deponent is given a chance to correct his or her deposition. Answer: D Diff: 2 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept
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44) ________ are written questions submitted by one party to a lawsuit to another party. A) Depositions B) Rejoinders C) Interrogatories D) Summons Answer: C Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 45) Which of the following statements is true of deposition? A) A deposition is a written testimony given by a witness during the trial. B) A deposition establishes the period during which a plaintiff must bring a lawsuit against a defendant. C) Depositions are written questions submitted by one party to a lawsuit to another party. D) Depositions are used to impeach testimony given by witnesses at trial. Answer: D Diff: 2 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 46) ________, a pretrial litigation process, serves several functions, including preventing surprises, allowing parties to prepare thoroughly for trial, preserving evidence, saving court time, and promoting the settlement of cases. A) Pretrial motions B) Discovery C) Pleadings D) Settlement conference Answer: B Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 47) A deposition is oral testimony given by a party or witness during the trial. Answer: FALSE Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept
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48) Interventions are written questions submitted by one party to a lawsuit to the other party. Answer: FALSE Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 49) In movies and on television, courtroom scenes often include surprises at trial — surprise evidence, surprise testimony and even surprise witnesses. In reality, are such surprises at trial common? In your answer, discuss the process known as discovery and its purposes. Answer: Surprises supply drama in television and movies, but they are discouraged in our legal system; thus, they are rare. In fact, the purpose of the pretrial discovery process is to prevent surprises, allow the parties to prepare thoroughly for trial, preserve evidence, save the court time, and promote settlement of disputes. Diff: 1 LO: 3.5 Describe the discovery process and the various methods of discovery. AACSB: Analytical thinking Classification: Concept 50) Which of the following motions asserts that there are no factual disputes to be decided by the jury, and that the judge can apply the proper law to the undisputed facts and decide the case without a jury? A) motion for summary judgment B) motion for judgment on the pleadings C) motion for a directed verdict D) motion for judgment notwithstanding the verdict Answer: A Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept 51) A ________ alleges that if all the facts presented in the paperwork filed with the court to initiate or respond to the lawsuit are true, the party making the motion would win the lawsuit when the proper law is applied to these facts. A) motion for judgment on the pleadings B) motion for summary judgment C) motion for judgment notwithstanding the verdict D) motion to set aside judgment Answer: A Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept
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52) A pretrial motion is made to try and dispose of all or part of a lawsuit prior to trial. Answer: TRUE Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept 53) The motion for summary judgment alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts. Answer: FALSE Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept 54) The motion for judgment on the pleadings alleges that if the defendant does not file an answer to the plaintiff's complaint, the defendant's liability is established. Answer: FALSE Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept 55) Motions for summary judgment are supported by evidence outside of the pleadings. Answer: TRUE Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept 56) In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings. Answer: FALSE Diff: 1 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Analytical thinking Classification: Concept
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57) A tree falls from Helen Homeowner's property onto the parked car of Nelly Neighbor, who lives next-door to Helen. The car was very valuable and is now a total loss. Both parties agree that the tree was not diseased. They also agree that the tree fell because of an act of nature — an ice storm that had weighed down the tree's limbs. The only question is whether, under applicable state law, the homeowner on whose land the tree grew is liable for the loss or whether the automobile owner must bear the loss for an event caused by an act of nature. Can this case be disposed of prior to trial with a pretrial motion? If so, what pretrial motion would be appropriate in this case? In your answer, discuss whether evidence outside the pleadings could properly be considered. Answer: A motion for summary judgment is appropriate. The parties agree as to the facts of the case. The judge can apply the relevant state law to the undisputed facts and decide the case. In this case, the judge could come to a conclusion and issue a summary judgment in the moving party's favor. Evidence outside the pleadings could be considered. For example, affidavits, relevant documents, and depositions are often considered in determining motions for summary judgment. Diff: 2 LO: 3.6 Contrast the different types of pretrial motions. AACSB: Application of knowledge Classification: Application 58) What is the purpose of a pretrial hearing? A) requesting the other party to produce all documents relevant to the case B) assessing the factual accuracy of the deposition of witnesses C) instructing the judge to decide the case without a jury D) facilitating the settlement of a case before it goes to trial Answer: D Diff: 2 LO: 3.7 Describe the goals and procedures of a settlement conference. AACSB: Analytical thinking Classification: Concept 59) A pretrial hearing is also known as a settlement conference. Answer: TRUE Diff: 1 LO: 3.7 Describe the goals and procedures of a settlement conference. AACSB: Analytical thinking Classification: Concept
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60) Why would a judge require the parties to a lawsuit to appear before the court for a pretrial settlement conference? Answer: The purpose of a settlement conference is to promote compromise and work toward a settlement in lieu of trial. Settlement saves the court time, energy and resources. Even if the parties are unable to reach settlement prior to trial, a pretrial hearing can help the parties to identify major trial issues in order to promote efficiency. Diff: 1 LO: 3.7 Describe the goals and procedures of a settlement conference. AACSB: Analytical thinking Classification: Concept 61) ________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions. A) Consolidation B) Trial of fact C) Voir dire D) Intervention Answer: C Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 62) What is direct examination? A) inspection and verification of all documents related to a trial by the judge B) inspection and verification of all documents related to a trial by the jurors C) witnesses being questioned by the plaintiff's attorney D) prospective jurors being questioned by the judge or lawyers of each party Answer: C Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 63) What is cross-examination? A) inspection of evidence by the trier of facts B) prospective jurors being questioned by the judge or lawyers of each party C) witnesses being questioned by the plaintiff's attorney D) witnesses being questioned by the defendant's attorney Answer: D Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept
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64) Which of the following statements best describes re-direct examination? A) The plaintiff's attorney questions the witness who was questioned by the defendant's attorney. B) The plaintiff's attorney questions the witness before he or she is questioned by the defendant's attorney. C) The defendant's attorney questions the witness who was questioned by the plaintiff's attorney. D) The defendant's attorney questions the witness before he or she is questioned by the plaintiff's attorney. Answer: A Diff: 2 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 65) Which of the following statements is true of the plaintiff's case? A) The plaintiff's attorney examines the witnesses during cross-examination. B) The defendant's attorney examines the witnesses during re-direct examination. C) The defendant's attorney can ask questions only about the subjects that were brought up during the direct examination. D) Documents and other evidence have to be introduced before the first witness is subject to direct examination. Answer: C Diff: 2 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 66) After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________. A) rebuttal B) rejoinder C) closing argument D) deliberation Answer: A Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept
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67) During a ________, the defendant's attorney can call additional witnesses and introduce other evidence to counter the rebuttal. A) closing argument B) rejoinder C) cross-examination D) re-direct examination Answer: B Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 68) What are jury instructions? A) instructions from the jury to the plaintiff's attorney about settling a case before trial B) instructions from jury informing the judge on what grounds the case can be dismissed C) instructions to the jury from both parties over the duration within which the case has to be settled D) instructions to inform the jury about what law to apply when they decide the case Answer: D Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 69) What is jury deliberation? A) jurors re-questioning a particular witness from one of the parties B) jurors considering the evidence and attempting to reach a decision C) jury and the judge disagreeing on the outcome of the case D) jurors being replaced in case of illness or disqualification Answer: B Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 70) Which of the following terms refer to the overturn of verdict when jury misconduct is detected? A) remittitur B) judgment notwithstanding the verdict C) motion for summary judgment D) motion for judgment on the pleadings Answer: B Diff: 1 LO: 3.8 Describe the trial process. AACSB: Analytical thinking Classification: Concept 17 ..