Question 1

How might lawyers and their clients abuse the discovery process?

Accepted Answer

Discovery can be extremely expensive, an

Question 2

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

Accepted Answer

A)  gender. 
B)  religious preference. 
C)  race. 
D)  national origin. 
E)  intelligence. 
A)  gender. 
B)  religious preference. 
C)  race. 
D)  national origin. 
E)  intelligence.

Question 3

Though it is often thought of as the main component of the American judicial system, it is actually rather rare to go to trial. What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?

Accepted Answer

Answers may include descriptions of pret

Question 4

Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a _____.

Accepted Answer

A)  decree 
B)  res judicata 
C)  brief 
D)  pleading 
E)  extradition 
A)  decree 
B)  res judicata 
C)  brief 
D)  pleading 
E)  extradition

Question 5

Which of the following statements is false concerning peremptory challenges?

Accepted Answer

A)  The number of peremptory challenges allowed varies from state to state. 
B)  The number of challenges may vary between the parties. 
C)  One can be used to strike a juror from the jury because he is a man. 
D)  No reason needs to be given to use a peremptory challenge. 
E)  The number may vary depending on the type of case being tried. 
A)  The number of peremptory challenges allowed varies from state to state. 
B)  The number of challenges may vary between the parties. 
C)  One can be used to strike a juror from the jury because he is a man. 
D)  No reason needs to be given to use a peremptory challenge. 
E)  The number may vary depending on the type of case being tried.

Question 6

Evidence in the form of a sworn statement is called an affidavit.

Accepted Answer

A) True 
 B)False

Question 7

In the pleadings phase, which of the following is false?

Accepted Answer

A)  The defendant's response cannot contain affirmative defenses. 
B)  The complaint starts the lawsuit. 
C)  The defendant's response is called an answer. 
D)  The clerk of the court issues the summons to be served on the defendant. 
E)  The complaint contains allegations by the plaintiff and a statement or request of the relief sought. 
A)  The defendant's response cannot contain affirmative defenses. 
B)  The complaint starts the lawsuit. 
C)  The defendant's response is called an answer. 
D)  The clerk of the court issues the summons to be served on the defendant. 
E)  The complaint contains allegations by the plaintiff and a statement or request of the relief sought.

Question 8

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?

Accepted Answer

A)  File a motion for judgment on the pleadings 
B)  File a motion to have Luigi extradited 
C)  Terminate the litigation on her own motion 
D)  Wait until Franz files a motion to terminate the litigation 
E)  File a request for admission 
A)  File a motion for judgment on the pleadings 
B)  File a motion to have Luigi extradited 
C)  Terminate the litigation on her own motion 
D)  Wait until Franz files a motion to terminate the litigation 
E)  File a request for admission

Question 9

Meghan was pulled over by a policeman for speeding. Despite being cooperative, non-threatening and obviously not intoxicated by liquor or drugs, the policeman orders her out of the car and frisks her. He finds a small bag of marijuana in her pocket. This search and seizure was illegal. After she is arrested, her attorney wants the discovery of the marijuana suppressed because of the illegal search. The attorney would file a:

Accepted Answer

A)  motion for a directed verdict. 
B)  motion for a summary judgment. 
C)  motion to dismiss for failure to state a cause of action. 
D)  motion in limine. 
E)  motion to sequester witnesses. 
A)  motion for a directed verdict. 
B)  motion for a summary judgment. 
C)  motion to dismiss for failure to state a cause of action. 
D)  motion in limine. 
E)  motion to sequester witnesses.

Question 10

A judgment notwithstanding the verdict is generally a pretrial motion.

Accepted Answer

A) True 
 B)False

Question 11

Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements is true concerning a criminal matter:

Accepted Answer

A)  jurisdiction is obtained by affidavit submitted by the police. 
B)  it does not matter in which state the crime was committed, only that it is severe. 
C)  a defendant may waive jurisdiction. 
D)  long-arm statutes only apply for crimes involving violence. 
E)  courts may bundle several alleged criminals into a class-action prosecution. 
A)  jurisdiction is obtained by affidavit submitted by the police. 
B)  it does not matter in which state the crime was committed, only that it is severe. 
C)  a defendant may waive jurisdiction. 
D)  long-arm statutes only apply for crimes involving violence. 
E)  courts may bundle several alleged criminals into a class-action prosecution.

Question 13

In a personal injury suit, what may the defendant's attorneys request and obtain by using the discovery methods?

Accepted Answer

The defendant's attorney may ask for and

Question 14

The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial.

Accepted Answer

A) True 
 B)False

Question 15

When might a court be forced to use extradition, and what is the process?

Accepted Answer

In criminal suits, the crime must have b

Question 16

What must lawyers do in order to preserve an argument for appeal of an evidentiary ruling?

Accepted Answer

Lawyers must show that an objection was

Question 17

Which of the following best sums up the sequence of events in a jury trial?

Accepted Answer

A)  Opening statements; voir dire; judgment; verdict 
B)  Pleadings; voir dire; discovery; judgment 
C)  Voir dire; discovery; closing arguments; judgment 
D)  Opening statements, pleadings, judgment, closing argument 
E)  Discovery; voir dire; verdict; judgment 
A)  Opening statements; voir dire; judgment; verdict 
B)  Pleadings; voir dire; discovery; judgment 
C)  Voir dire; discovery; closing arguments; judgment 
D)  Opening statements, pleadings, judgment, closing argument 
E)  Discovery; voir dire; verdict; judgment

Question 18

Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer. Maria and her lawyer look at the complaint and see that it is mean-spirited and vindictive, and lacks any legitimate claims. Maria's lawyer determines that Theresa is merely bullying Maria, hoping to continue the feud that resulted in Maria moving out of their apartment. What may Maria's lawyer do to ensure that Theresa does not file this kind of vindictive case again?

Accepted Answer

A)  Have Theresa arrested after the statute of limitations runs out 
B)  File a motion to have Theresa extradited 
C)  File for sanctions under Rule 11 of the Federal Rules of Civil Procedure 
D)  File a motion for judgment notwithstanding the verdict 
E)  File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure 
A)  Have Theresa arrested after the statute of limitations runs out 
B)  File a motion to have Theresa extradited 
C)  File for sanctions under Rule 11 of the Federal Rules of Civil Procedure 
D)  File a motion for judgment notwithstanding the verdict 
E)  File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure

Question 19

In jury selections, challenges for cause are also called peremptory challenges.

Accepted Answer

A) True 
 B)False

Question 20

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.

Accepted Answer

A)  deposition 
B)  opening statement 
C)  verdict 
D)  summation 
E)  interrogary 
A)  deposition 
B)  opening statement 
C)  verdict 
D)  summation 
E)  interrogary

How might lawyers and their clients abuse the discovery process?

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

Though it is often thought of as the main component of the American judicial system, it is actually rather rare to go to trial. What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?

Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a _____.

Which of the following statements is false concerning peremptory challenges?

Evidence in the form of a sworn statement is called an affidavit.

In the pleadings phase, which of the following is false?

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?

A judgment notwithstanding the verdict is generally a pretrial motion.

Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.

Which of the following statements is true concerning a criminal matter:

In a personal injury suit, what may the defendant's attorneys request and obtain by using the discovery methods?

The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial.

When might a court be forced to use extradition, and what is the process?

What must lawyers do in order to preserve an argument for appeal of an evidentiary ruling?

Which of the following best sums up the sequence of events in a jury trial?

In jury selections, challenges for cause are also called peremptory challenges.

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

The Regulatory Process

Regulating Competition_Antitrust Laws

Financial and Securities Regulations

Privacy and Consumer Protection

Environmental Regulation and Resource Sustainability

Discrimination in Employment

Employment Laws

Labor-Management Relationship

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Exam 4: Litigation

How might lawyers and their clients abuse the discovery process?

In Batson v. Kentucky, the Court specifically declared that the use of peremptory challenges by prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal protection clause.

Though it is often thought of as the main component of the American judicial system, it is actually rather rare to go to trial. What are some procedures or methods for either avoiding a full trial or getting cases resolved before trial?

Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a _____.

Which of the following statements is false concerning peremptory challenges?

Evidence in the form of a sworn statement is called an affidavit.

In the pleadings phase, which of the following is false?

Sisi, a judge, has reviewed her cases and believes that the lawsuit between Luigi and Franz completely lacks any merit. She is convinced that the suit should not continue. What may Sisi do in response?

A judgment notwithstanding the verdict is generally a pretrial motion.

Statutes that permit service of process beyond the borders of an originating state are referred to as long-arm statutes.

Which of the following statements is true concerning a criminal matter:

In a personal injury suit, what may the defendant's attorneys request and obtain by using the discovery methods?

The jury should use anything said in the opening statement as evidence when deciding the verdict of the trial.

When might a court be forced to use extradition, and what is the process?

What must lawyers do in order to preserve an argument for appeal of an evidentiary ruling?

Which of the following best sums up the sequence of events in a jury trial?

In jury selections, challenges for cause are also called peremptory challenges.

In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture of the case and inform the jury of the facts they expect to prove and of the witnesses they expect to call.

Law As a Foundation for Business

The Role of Ethics in Decision Making

The Court System

Alternative Dispute Resolution

The Constitution

The Property System

Contract Formation

Contractual Performance and Breach

Torts Affecting Business

Intellectual Property

International Law

Criminal Law and Business

Business Organizations

The Regulatory Process

Regulating Competition_Antitrust Laws

Financial and Securities Regulations

Privacy and Consumer Protection

Environmental Regulation and Resource Sustainability

Discrimination in Employment

Employment Laws

Labor-Management Relationship

Filters