Test 1

Question 1

Law is a body of enforceable rules governing relationships among individuals and between individuals and their society.

Answer 1

True

Question 2

Legal positivists believe that law should reflect universal principles that are part of human nature.

Answer 2

False

Question 3

The doctrine of stare decisis obligates judges to follow precendents established within their juridistions.

Answer 3

True

Question 4

COmmon law develops from rules of law announced in court descisions.

Answer 4

True

Question 5

Statutory law is legislation

Answer 5

True

Question 6

A federal statute takes precedence over the U.S Constitution

Answer 6

False

Question 7

Congress enacted the uniform commercial code for adoption by the state.

Answer 7

False

Question 8

Criminal law covers disputes between persons, and between persons and their government.

Answer 8

False

Question 9

In most states, the same courts can grant legal or equitable remedies.

Answer 9

True

Question 10

A citation includes the name of the judge who decided the case.

Answer 10

False

Question 11

Tonya is a legal positivist. Tonya believes that

Answer 11

the written law of society at a particular time is most significant.

Question 12

In a suit between Best Producs inc. and central sales corporation, the court applies the doctrine of stare decisis. This means that the court follows rules of law established by

Answer 12

courts of higher rank only

Question 13

In a suit between delta fishing company and rivermouth trawlers, the court applies the doctrine of stare decisis. This requires the court to find cases that, compared to the case before it, has

Answer 13

Similar facts

Question 14

In a suit between retail sales company and shoppers mall, the court orders a rescission. This is

Answer 14

an action to cancel a contract and return the parties to the positions they held before the contract was made.

Question 15

In a given case, most courts may grant

Answer 15

equitable remedies, legal remedies, or both

Question 16

The U.S Constitution takes precednece over

Answer 16

a state constitiution, statute, and court decsion

Question 17

Case law includes interpretations of federal and state

Answer 17

administrative rules, statutes, and constitutions

Question 18

Civil law concerns

Answer 18

disputes between persons, and between persons and their governments.

Question 19

Michael is a judge. to reason analogy, Micheal compares the facts in one case to

Answer 19

the facts in another case

Question 20

A concurring opinion, written by one of the judges who decide a case before a multi judge panel is

Answer 20

a seperate opinion that does not agree with courts ruling.

Question 21

Under a long arm statute, a state court can compel someone outside the state to appear in the court.

Answer 21

True

Question 22

Doing substantial business in a jurisdiction over the internet can be enough to support a courts jurisdiction over a nonresident defendant.

Answer 22

True

Question 23

The united states supreme court is the final authority for any case decided by a state court.

Answer 23

False

Question 24

suits involving federal questions originate in federal district courts.

Answer 24

True

Question 25

Most lawsuits go to trial.

Answer 25

False

Question 26

In mediation, a mediator makes a decision on the matter in dispute.

Answer 26

False

Question 27

A party to an arbitration agreement may never be complled to arbitrate a dispute.

Answer 27

False

Question 28

The jury verdict, in a summary jury trial, is binding

Answer 28

False

Question 29

A major similarity between negotiation and mediation is that no 3rd parties are involved.

Answer 29

False

Question 30

In binding arbitration, an arbitrators decision is usually the final word.

Answer 30

True

Question 31

Matrix Corporation which is based in texas, advertises on the web. A court in Illinois would be most likley to excercise jurisdiction over Matrix if the firm

Answer 31

conducted substantial business with Illinois residents at its site.

Question 32

Kim and Lou agree to dissolve their partnership but cannot agree on the division of assets and profits. They decide to mediate their dispute. The advantages of mediation include

Answer 32

all of the choices.

Question 33

Centre Hotels corporation wa incorporated in Delaware, has its main office in New Jersey, and does business in New York. Centre is subject to the jurisdiction of

Answer 33

Delaware, New Jersey, or New York

Question 34

Gabriella files a suit against Huey. Before going to trial, the parties meet with their attorneys to represent them, to try to reslove the dispute without involving a 3rd party. This is

Answer 34

Negotiation

Question 35

Sean files a suit against Tifa. They meet and their attorneys present the case to a jury. The jury renders a non-building verdict, after which the parties try to reach an agreement. This is

Answer 35

a summary jury trial

Question 36

Levonne sues Mica in a state trial court. Levonne lsoes the suit. If Levonne wants to appeal the most appropriate court in which to file the appeal is

Answer 36

the state appeallate court

Question 37

Pleadings consist of a complaint, an answer, and a motion to dismiis

Answer 37

False

Question 38

In ruling on a motion for summary judgment, a court cannot consider evidence outside the pleadings.

Answer 38

False

Question 39

At a pretrial confernce, the parties and the judge may set ground rules for the trial.

Answer 39

True

Question 40

An answer may admit or deny the statements or allegations in a complaint.

Answer 40

True

Question 41

Before a trial if there are no issues of fact, a court may grant a summary judgment.

Answer 41

False

Question 42

Only a losing party may appeal to a higher court.

Answer 42

falsE

Question 43

In a jury trial the parties have a right to conduct voir dire

Answer 43

True

Question 44

In a civil case, a plantiff must establish his or her case beyond a resonable dount

Answer 44

False

Question 45

A motion for a new trial is granted if a jury verdict is the obvious result of a misapplication of the law

Answer 45

false