26 Jun THE DIVISION IN GOVERNMENT POWER AS ESTABLISHED BY THE CONSTITUTION
Q1. Contrasted with public law, an example of private law is:
a. administrative law
b. securities regulation
c. tort law
d. environmental law
Q2. The Environmental Protection Agency is an example of:
a. a state legislature
b. an administrative agency
c. an executive agency
d. a congressional agency
Q3. The division in government power as established by the Constitution is referred to as the:
a. Three Branches
b. Executive Privilege
c. Stare Decisis
d. Separation of Powers
e. Law of the Land
Q4. Generally accepted rules of correct conduct within the standards of a society are:
a. etiquette
b. ethics
c. morals
d. manners
Q5. Although states are free to develop their own procedural rules, many have adopted:
a. the Civil Court Rules
b. the Federal Rules of Civil Procedure
c. the Official Litigation Rules for Civil Procedure
d. the Civil Litigation Code
Q6. Not counting the Federal Circuit, there are ___________ geographically-based U.S. circuit courts of appeals.
a. three
b. ten
c. twelve
d. fifteen
e. fifty
Q7. At the state level, there is always a right of review up to the supreme court level.
a. true
b. false
Q8. Any one member of the Supreme Court can accept a case for the Court to hear.
a. true
b. false
Q9. When filing a lawsuit, the party bringing the suit must select a court that has both:
a. jurisdiction over the subject matter and over the person or property of the defendant
b. jurisdiction over the subject matter of the dispute (the res) and appellate jurisdiction
c. in personam jurisdiction and quasi-in-rem jurisdiction
d. in personam jurisdiction and appellate jurisdiction
e. in rem jurisdiction and jurisdiction over the subject matter of the litigation
Q10. Municipal courts usually:
a. hear claims that involve less money than claims heard in district courts
b. hear claims that involve more money than claims heard in district courts
c. hear the same claims as a district court
d. hear claims rejected by the district courts
Q11. Both state and federal court systems have courts of ________________, where the decisions of a lower court case can be taken for review.
a. original judgment
b. appellate judgment
c. original jurisdiction
d. appellate jurisdiction
e. final jurisdiction
Q12. When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:
a. punitive damages
b. trivial damages
c. nominal damages
d. equitable damages
e. compensatory damages
Q13. A preliminary injunction is issued by a court if it finds that the plaintiff will likely prevail on the merits of a dispute and will suffer an irreparable injury in the absence of a court order.
a. true
b. false
Q14. An adversary system of justice is one in which:
a. parties must be represented by a lawyer before a neutral court
b. parties must represent themselves before a biased court
c. parties must represent themselves and argue their positions before a neutral court
d. parties may not represent themselves
Q15. When a plaintiff files a suit against a defendant, plaintiff:
a. must publish a notice of the suit in the legal advertisement section of the local newspaper
b. must give notice to the defendant by service of process
c. must give notice to the defendant by posting notice of the suit with the clerk of the court
d. has no duty to notify defendant since we have a duty to know what legal actions may be pending against us
Q16. Before the case goes to the jury, each attorney presents ___________ in which he or she summarizes the evidence for the jury in a manner most favorable to their case.
a. a summary discussion
b. hearsay evidence
c. voir dire evidence
d. a closing statement
e. a closing argument
Q17. A defendant may make a counterclaim against the plaintiff:
a. based on the same events the plaintiff bases the complaint on
b. only if it involves different events than those the plaintiff bases the complaint on
c. only if the plaintiff agrees
d. only if the court doubts the plaintiff
Q18. One possible basis for the appeal of an arbitral award is if the award was obtained by fraud.
a. true
b. false
Q19. The commerce clause of the U.S. Constitution:
a. gives Congress power to regulate business
b. gives each state power to regulate commerce
c. gives the President the power to regulate commerce
d. was adopted by passage of the Third Amendment
Q20. Which of the following is a key issue in Fourth Amendment cases:
a. whether proper search and seizure procedures were used by government authorities
b. whether the defendant had an illegal firearm
c. whether the principles of frees speech were violated
d. whether self-defense was warranted under the circumstances
Q21. The Supreme Court struck down a tax imposed by Maryland on a national bank because the tax violated the Supremacy Clause.
a. true
b. false
Q22. The Fifth Amendment protects individuals against:
a. illegal search and seizure
b. self-incrimination
c. excessive fines
d. trial without a jury
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