Exam 1 Flashcards
A critical thinker must first be a ____?
Good listener
The ability to understand, analyze and evaluate an argument is known as ____?
Critical thinking
In critical thinking it is common to compare and contrast a concept to another concept. This is known as using an ____?
Analogy
The quality of reasoning is the primary focus of all types of critical thinking. T/F
True
When you read a court case, you should be able to clearly distinguish the issue, reasoning, and conclusion sections. T/F
False
All relevant and irrelevant facts should be included in a court case. T/F
False
Critical thinking attributes center around:
a) Demonstrating how sophisticated the listener is
b) Skills of listening and evaluating the reasoning that supports a conclusion
c) The quality of the conclusion
d) The school of thought of the speaker
e) All of the above
b) Skills of listening and evaluating the reasoning that supports a conclusion
Legal reasoning is performed through several steps which include:
a) Listing or summarizing the relevant facts
b) Spotting the issue(s)
c) Applying the relevant law to the facts
d) Analyze the reasons to the legal conclusion
e) All of the above
e) all of the aboe
The American legal system:
a) originated in the US
b) is based on rules of law in the form of statutes interpreted by the Congress and provided to judges for guidance
c) is based on the English legal system and court decisions, which were adopted as foundational precedent
d) includes statutes and ordinances interpreted by the collaboration of lawyers and judges
e) does not permit any changes to set legal precedent unless it is approved by all judges
c) is based on the English legal system and court decisions, which were adopted as foundational precedent
Identifying and clarifying ambiguous words or sentences is important because:
a) it will help us understand a reasoning
b) it will help us accept or reject a conclusion based on a particular reasoning
c) we need to know the common thesaurus usage of these words or sentences
d) ambiguity is the basis for flexibility in the law
e) a and b only
e) a and b
A legal issue can best be defined as:
a) a set of facts by which the lawyers and their clients assist the judge in reaching a decision
b) a set of ethics and laws based on fairness and justice
c) the judge’s reasoning of the final decision in a case
d) the lawyers’ arguments on their clients’ behalf
e) the main reason why the case is in court
e) the main reason why the case is in court
When reading a judge’s decision, you should expect to find the ethical norms and societal policies that shaped their decision. T/F
true
Jurisprudence can best be defined as:
a) the collective set of judges’ opinions as adopted by attorneys.
b) the science and philosophy of law
c) a legal reasoning that justifies the conclusion in a court case
d) the legal research performed by legal scholars and philosophers
e) a set of legal or scientific principles adopted by the legal system
b) the science and philosophy of law
The American legal system includes 3 sources of law. T/F
false
The Natural Law school of thought
a) is based on the ancient Greek philosopher Plato’s theories
b) is best characterized by the writings of John Locke
c) advocates that a moral person may disobey an unjust law
d) it is the law’s responsibility to prevent the natural consequences of a crime.
e) believes all of the above
c) advocates that a moral person may disobey an unjust law
Followers of the Legal Positivist School believe that morals are separate from the law. T/F
True
The legislative branch creates ____ law.
Statutory
A possible chronological sequence that a bill may undertake to become law is:
a) Subcommittee’s vote, House of Representatives vote, Committee’s vote, President’s vote.
b) President’s vote, senate vote, subcommittee’s vote, committee’s vote
c) Committee’s vote, subcommittee’s vote, senate vote, president’s vote
d) senate’s vote, subcommittee’s vote, committee’s vote, president’s vote
a) Subcommittee’s vote, House of Representatives vote, Committee’s vote, President vote
The Positivist School of thought advocates that:
a) ethics, morals, and the law are all intertwined and must be considered in legal decisions
b) the judges should display a positive attitude toward all parties appearing in their legal courtrooms
c) the most powerful party will prevail in a trial
d) morality and the law should be kept separate, and morality issues should not influence judges decisions
e) a positive society is a fair society
d) morality and the law should be kept separate, and morality issues should not influence judges decisions
The US Constitution is the source that creates all of the following branches of government except for:
a) the State and Federal branch
b) the Legislative branch
c) the Executive branch
d) the Judicial branch
a) the state and federal branch
Which of the following is true about the process of judicial review?
a) It is legal writing and research by scholars for the purpose of deciding whether a case can be decided by federal or state law
b) It determines whether the Congress had the authority to legislate in a particular area.
c) It explains that freedom of speech in the political arena is guaranteed under the Bill of Rights
d) It involves the power of courts to determine whether a statutes is unconstitutional
e) It authorizes judges in all courts to review other judges opinions for errors
d) It involves the power of courts to determine whether a statute is unconstitutional
Legislative history would be one of the factors considered by a court in the process of interpreting a statute. T/F
True
Public and Private Law differ in that:
a) public law applies to government cases and private law applies to only businesses
b) public law is created by the Congress and private law is created by the people
c) public law is known to the public and private law is secret law used by special military courts
d) there is no essential legal difference between the 2 types of law
e) Public law refers to the government’s powers and duties, while private law refers to the rights and duties in individual and business dealings
e) Public law refers to the government’s powers and duties, while private law refers to the rights and duties in individual and business dealings
The process during which attorneys and judges question potential individuals to evaluate whether they can serve as unbiased and objective jurors is called ____.
Voir Dire
The sworn testimony of a witness before trial is called ___.
Deposition
The power of a court to issue a binding ruling in a case is based on both subject matter jurisdiction and in personam jurisdiction. T/F
True
All of the following are considered types of pleadings except:
a) answer
b) complaint
c) counterclaim
d) interrogatories
e) none of the above
d) interrogatories
Which of the following is NOT a tool of discovery?
a) Jury selection
b) deposition
c) request for production of documents
d) interrogatories
e) mental or physical examinations
a) jury selection
The party that files a lawsuit to bring a case or controversy into court is the:
a) Defendant
b) adversary
c) plaintiff
d) the party’s attorney
e) the judge in certain special cases
c) plaintiff
For the US Supreme Court to agree to hear a case, it must:
a) have agreement by all nine justices
b) issue a stare decisis report
c) issue a habeas corpus statement
d) issue a write certiorari
e) have permission by Congress
d) issue a write certiorari
Courts of “general” jurisdiction:
a) accept cases involving witnesses from different states
b) hear both federal and state cases
c) hear cases that involve a variety of cases or controversies
d) appeal to the general public
e) hear specialized cases only
C) hear cases that involve a variety of cases or controversies
Which of the following is an intermediate appellate court?
a) Federal District Court for the Western District of Michigan
b) Court of Appeals for the 7th Circuit
c) The US Supreme Court
d) Tax Court
e) The Florida State Supreme Court
b) Court of Appeals for the 7th Circuit
Most states require that a corporation appoint an agent authorized to receive service of legal process. T/F
True
A motion for a new trial could be granted if:
a) the defendant failed to conduct adequate legal research
b) the attorneys of the parties knew each other before the case
c) the defendant felt that the jury erred in ruling in favor of the plaintiff
d) the plaintiff felt that the jury erred in ruling in favor of the defendant
e) there was not enough evidence to support the jury’s verdict
e) there was not enough evidence to support the jury’s verdict
In determining jurisdiction, a corporation is considered a citizen of:
a) the state where most of its employees reside
b) the state in which it is incorporated
c) the state in which it conducts the majority of its business
d) both b and c
e) both a and c
d) both b and c
The power of long-arm statutes stems from:
a) the willingness of defendants to travel from state to state
b) state rules and regulations regarding service of process
c) the power of a court to hear and decide a case
d) the courts power to serve corporations and their management when they suspect fraudulent activity
e) the authority of a court to obtain jurisdiction over an out of state defendant when that defendant has sufficient minimum contacts with a state
e) the authority of a court to obtain jurisdiction over an out of state defendant when that defendant has sufficient minimum contacts with a state
Venue is (1) another term for Jurisdiction, and (2) it is appropriate in the county of the plaintiff’s residence.
a. (1) Yes, and (2) No.
b. (1) No, and (2) No.
c. (1) Yes, and (2) Yes.
d. (1) Yes, and (2) Yes.
e. (1) No, (2) Yes.
d) (1) Yes, and (2) Yes.
Generally, according to the Attorney-Client privilege,
a) an attorney can testify in the case he or she was hired for if he or she believes there is not enough evidence to convince the judge or the jury
b) information provided confidentially to an attorney by a client regarding a legal matter, may not be revealed by the attorney without the client’s permission.
c) can be used interchangeably as the work-product doctrine
d) attorney-client confidentially can be struck down by a defendant who needs the confidential information
e) the attorney is privileged in serving his or her client in justice
b) information provided confidentially to an attorney by a client regarding a legal matter, may not be revealed by the attorney without the client’s permission
Uptown Community College and Peggy Professor arranged to resolve a class assignment dispute in arbitration according to the faculty contract. The arbitrator’s decision is called:
a) directed verdict
b) arbitration verdict
c) legal reward
d) precedent
e) award
e) award
______ is an informal process where disputants select a neutral third party to help them reconcile their differences.
Mediation
All of the following are types of alternative dispute resolution except
a) mediation
b) mini trials
c) arbitration
d) submission agreements
e) private trials
d) submission agreements
Larry files a suit against Harry. Before going to trial, the parties with their attorneys meet together to try to resolve their dispute without involving a third party. This is called:
a) negotiation
b) mini trial
c) arbitration
d) negotiation
e) mediation
d) negotiation
Jean files a suit against Neil. Before going to trial, the parties and their attorneys meet together to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is called:
a) negotiation
b) mediation
c) mini trial
d) private trial
e) arbitration
e) arbitration
Molly files a suit against Naomi. They meet, and each party’s attorney argues the party’s case before a judge and jury. At the end of the day, the jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is called:
a) court-ordered arbitration
b) early neutral case evaluation
c) a mini-trial
d) a summary jury trial
e) private trial
d) a summary jury trial
Businesses today might choose alternative dispute resolution methods instead of litigation for all of the following reasons except:
a) to save business cash, which instead can be used for capital investments, growth and return to stockholders
b) to avoid negative publicity and preserve confidentiality
c) to possibly save time by resolving the dispute faster and in more flexible time arrangements
d) to avoid unfairness and bias normally present in litigation
e) to more likely preserve a previously good business relationship
d) to avoid unfairness and bias normally present in litigation
Advantages of mini-trials include:
a) Mini-trials are designed to be more efficient than mediation
b) A neutral advisor presides and oversees a mini-trial, but settlement authority is retained by executives of the disputing corporations
c) Mini-trials result in directed verdicts or awards depending on the initial agreement of the corporations
d) Mini-trials usually cost less than arbitration
e) b and d only
e) b and d only
Alternative dispute resolution (ADR) rules require that the parties must arbitrate their disputes before attempting to negotiate a settlement. T/F
false
An arbitrator’s decision is more likely to be a compromise decision than is a decision ruled by a traditional court. T/F
T
Liquid Gold, Inc. and EnviroSafe, Inc. are involved in a dispute and have decided to forego traditional litigation methods to avoid adverse publicity, maintain confidentiality, and reduce costs. They decide to hire a referee, who is a retired judge, and they set the trial at a mutually convenient place and time. The disputants chose to:
a) mediate
b) arbitrate
c) take their chances on trusting a private judge
d) hold a private trial
e) hold a mini-trial
d) hold a private trial
Some parties prefer ADR because they can then participate in the selection of the persons who will preside over the resolution process. T/F
True
The ____ _____ provides that the US Constitution and the laws and treaties of the US are the supreme law of the land and is found in Article IV of the Constitution
Supremacy Clause
The ____ ____ of the US Constitution guarantees, among other rights, freedom of speech, the press, and religion
1st amendment
Federal Preemption stems out of which constitutional principle?
a) Federalism
b) Political controversy
c) Separation of Powers
d) Supremacy Clause
e) None of the above
d) Supremacy Clause
Federal Preemption would usually arise when:
a) the federal government taxes any of the state governments
b) a federal statute regulates commercial activity
c) a state law inhibits or substantially burdens interstate commerce
d) a foreign government attempts to regulate the US federal government
e) a local municipality regulates through zoning ordinances
c) a state law inhibits or substantially burdens interstate commerce
Equal protection means that the government must treat similarly situated individuals in a similar manner. T/F
True
Because the US Constitution does not specifically list a right to privacy, this right is denied to all people. T/F
False
Under the US Constitution, the states retain all powers not specifically delegated to the federal government. Which part of the constitution prescribes this rule?
a) the 1st Amendment
b) the 4th Amendment
c) the 10th Amendment
d) Article III
e) Article IV
c) the 10th Amendment
Federal judicial decisions become case law. For judges to render these decisions, they interpret which types of primary sources of law?
a) Law Review articles and scholarly legal writings
b) Administrative regulations
c) Federal statutes
d) all of the above
e) b and c only
e) b and c only
