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Q 060468RR Law and the Judicial System

Questions 1 to 20: Select the best answer to each question. Note that a question and its answers may be split across a page break, so be sure that you have seen the entire question and all the answers before choosing an answer.

1. Lynn’s attorney advises Lynn to resolve a case using med-arb. If Lynn and the defendant agree to use med-arb, this means

A. the case involves medical malpractice.

B. all issues will be decided by an arbitrator.

C. the case won’t have an outcome unless Lynn and the defendant both agree.

D. Lynn is risking that some issues in the case will be decided by an arbitrator.

2. An advantage of ADR is that it

A. saves time and money.

B. improves the discovery process.

C. promotes the development of the law.

D. effectively handles constitutional law.

3. Which type of ADR involves time limits on presentations?

A. Early neutral evaluation

B. Summary jury trials

C. Med-arb

D. Mediation

4. Rosa sues her neighbor. Rosa’s lawyer relies on persuasive precedent. Which of the following statements is true?

A. The court must overturn the precedent because it’s not binding.

B. The court is free to follow or ignore the persuasive precedent.

C. The court should disregard the precedent unless it’s from a U.S. Supreme Court case.

D. The court must follow the precedent because it’s binding.

5. Phillip and Lori have a two-car accident in Tennessee. Both of them reside in Tennessee. Phillip will be able to sue Lori in Tennessee federal court

A. if his damages are extraordinary.

B. under no circumstances.

C. if his damages exceed $75,000.

D. if the case involves application of federal law.

6. Rights of citizens are most likely to be found in which provisions of the U.S. Constitution?

A. Article 3

B. Article 1

C. The amendments

D. Article 6

7. Big Factory, Inc., and Save the Environment, an environmental group, have a dispute over whether making Big Factory, Inc., use certain expensive antipollution devices would contribute significantly to improving air quality. A type of ADR especially suited to this dispute is

A. summary jury trial.

B. private civil trial.

C. science court.

D. partnering.        

8. Donovan, like thousands of other people, was injured by an over-the-counter cold medicine that caused his hair to fall out. Even though his hair has grown back, he wants to sue. His lawyer advises that doing so would be expensive and not cost-effective, given the small amount of damage that temporary hair loss caused Donovan and other people like him. Donovan and others in his situation can make a lawsuit cost effective by filing

A. a class action lawsuit.

B. a small-claims lawsuit.

C. in federal court.

D. in state court.

9. Carl was arrested under a New Jersey statute that made it a crime to be persistently unemployed. Carl argues that a similar statute was declared unconstitutional by the California state court, so the New Jersey state court is required to declare New Jersey’s statute unconstitutional. Carl is wrong because

A. only federal courts can create binding precedent.

B. out-of-state cases aren’t binding precedent in state courts.

C. more than one court has to rule a certain way before precedent is established.

D. state courts aren’t bound by precedent.

10. Paula’s lawyer originally filed in suit in Florida state court. Stephanie, the defendant, would prefer that the case be heard in federal court. To have the case heard in federal court, Stephanie must prove federal subject matter jurisdiction and file a

A. writ of certiorari.

B. motion to remove.

C. summary judgment motion.

D. motion of demurrer.

11. David was filing his income tax return when he learned that the IRS now requires taxpayers to file several new forms. David believes that the IRS can’t require him to file these forms and that only Congress can do that. Which of the following is true?

A. David doesn’t have to file the forms unless Congress approves them.

B. David has to file the forms because only agencies have the power to adopt statutes.

C. David doesn’t have to file the forms because agencies have the power to adopt only nonbinding regulations.

D. David has to file the forms because agencies have the power to adopt binding regulations.

12. Doug’s complaint asks for an injunction. Which of the following is true?

A. Doug seeks money damages.

B. Doug seeks an equitable remedy.

C. Doug has suffered great harm.

D. Money would be an adequate remedy.

13. The National Conference of Commissioners on Uniform State Laws developed a revised version of the UCC. Joe learned of this and, relying on one of the changes, acted in a way that was prohibited under the former version but permitted under the revised version. As a result, Joe was sued for his action. Both parties live in Joe’s state, which is also where the transaction took place. Whether Joe wins or loses depends on

A. whether members of the commission that drafted the revision were from Joe’s state.

B. which version of the UCC has been adopted by the legislature in Joe’s state.

C. which party stands to gain the most from the lawsuit.

D. which version of the UCC the judge thinks is most equitable.

14. The police catch Matthew in the act of committing a crime. The likely order of the stages of Matthew’s criminal case is

A. arrest, formal charge, arraignment, preliminary hearing, and trial.

B. arraignment, formal charge, arrest, preliminary hearing, and trial.

C. arrest, preliminary hearing, formal charge, arraignment, and trial.

D. arrest, arraignment, formal charge, preliminary hearing, and trial.

15. Gary sues Dennis, relying on a state law. Dennis defends himself based on a federal law involving the same subject. If Dennis wins, it will be because of

A. preemption.

B. judicial review.

C. the federal register.

D. devolution.

16.State law prohibited public criticism of state officials. Kelly criticized the officials and was arrested. She argued that the law conflicted with the U.S. Constitution. The government argued that the law didn’t conflict with the state constitution. The court agreed with both positions. Which of the following is true?

A. The law will be held invalid because of the Commerce Clause.

B. The law will be upheld because it’s a state law and is consistent with the state constitution.

C. The law will be held invalid because the U.S. Constitution is the supreme law of the land.

D. The law will be held invalid because a law is invalid if it conflicts with any state constitution.

17. April’s attorney informs her that they’ve been served with interrogatories. Which of the following is true?

A. April will have to answer questions under oath about the case.

B. April will be required to make oral statements in front of a court stenographer.

C. April’s attorney will have to answer questions under oath about the case.

D. April will be required to submit to a physical examination.

18. John sues Sally under a statute that has ambiguous language. Which of the following is true?

A. John will have to find a different legal basis for his claim.

B. The statute is invalid because of the ambiguous language.

C. The court will interpret the statute to resolve the ambiguity.

D. A legislative body will have to clarify the statute before the court can apply it to John’s case.

19. Miguel, an Idaho resident, sues Kurt, an Alabama resident, in Idaho state court. Miguel’s lawyer warns Miguel that the Idaho court may be unable to exercise authority over Kurt. This suggests that there may be

a problem obtaining __________ jurisdiction.

A. general

B. original

C. subject matter

D. personal

20. George and Tanya are in a legal dispute. However, they’re friends, and they would like to control the outcome of the case rather than letting a judge or other third-party decide it. What is their best ADR option?

A. Private civil trial

B. ADR contract clause

C. Binding arbitration

D. Mediation




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