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involves the use of the law and the legal process to resolve disputes among individuals,




involves the use of the law and the legal process to resolve disputes among individuals, businesses, and governments.;a. civil litigation;b. subject matter jurisdiction;c. territorial jurisdiction;d. concurrent jurisdiction;e. criminal litigation;Question 40 1 points Save;The U.S. Constitution guarantees a right to a jury trial in;a. the First Amendment;b. the Fourth Amendment;c. the Fifth Amendment;d. the Sixth Amendment;e. the Eighth Amendment;Question 41 1 points Save;In the following situation, which court system has jurisdiction? The plaintiff lives in State A, the defendant lives in State B, the dispute involves a matter of state law, and the dispute is for $35,000;a. federal court;b. state court;c. federal or state court;d. concurrent courts;e. none of the above;Question 42 1 points Save;Federal judges are nominated by;a. the Congress;b. the Senate;c. the state legislatures;d. the President;e. the House of Representatives;Question 43 1 points Save;Before the start of a trial, the judge believes the case should be settled by the parties, rather than go to trial. The judge may;a. order the parties to settle the case.;b. order the parties to submit to abitration.;c. encourage the parties to settle when they attend a pretrial conference;d. demand the plaintiff and defendant meet face-to-face at a pretrial conference.;e. dismiss the case on the grounds that reasonable people would settle instead of incurring the expense of going to trial.;Question 44 1 points Save;About how many federal agencies share the responsibility for regulating various aspects of business activity?;a. 50;b. 100;c. 200;d. 250;e. 300;Question 45 1 points Save;In addition to judge-made common law, "law" includes;a. state constitutions;b. statutes;c. the federal constitution;d. administrative regulations;e. all of the above;Question 46 1 points Save;Tompkins was struck by something protruding from a passing freight train owned by the Erie Railroad Company, as it was passing through his home town in Pennsylvania. Tompkins sued Erie, claiming the company was negligent. Tompkins was a resident of Pennsylvania. The Erie Railroad Company was incorporated in New York.;Tompkins sued Erie in federal district court in New York. Erie argued that the case should be judged using the common law of Pennsylvania, which would have made Tompkins guilty of trespass and not able to collect any damages. Tompkins argued federal common law should apply, which would make Eric responsible for Tompkin's injuiries.;The trial court agreed with Tompkins and awarded damages. The circuit court of appeals affirmed the decision. Erie then appealed to the U.S. Supreme Court.;a. The U.S. Supreme Court said that state common law must be applied in federal court, reversing the decision and ending the concept of federal common law in diversity-of-citizenship cases.;b. The U.S. Supreme Court said that federal common law was established to be applied in diversity-of-citizenship cases in federal court and upheld the decision.;c. The U.S. Supreme Court said that since this was a matter of common law involving two states, it was a matter for the state courts to decide, not the federal district court, and reversed the decision.;d. The U.S. Supreme Court determined that New York common law must apply because the case was brought in New York and affirmed the lower court decision.;e. The Supreme Court ruled that on the ground of diversity of citizenship, the federal courts are free to exercise independent judgment as to what the unwritten law (that is, the common law) of the State is or should be.;Question 47 1 points Save;Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called;a. punitive damages.;b. exceptional damages.;c. expectancy damages.;d. compensatory damages.;e. injunctive damages.;Question 48 1 points Save;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;Question 49 1 points Save;In Bose Corp. v. Consumers Union, concerning a magazine article critical of Bose speakers, the Supreme Court held that;a. Consumers Union was prohibited by the First Amendment from criticizing a product of Bose;b. there was "actual malice" in the article published in Consumer Reports that criticized a Bose product, hence there was no First Amendment protection of the speech;c. the First Amendment allows criticism of business as long as there is no actual malice;d. the First Amendment allows criticism of business in general, but the names of specific companies may not be mentioned;e. none of the above;Question 50 1 points Save;Sometimes states legislate on the same subject as Congress. If Congress passes a regulation;a. states must abolish their regulations because state law cannot exist along with Federal law;b. federal regulation takes precedence over state laws that conflicts with the federal standards;c. state law has more power within the state as long as relevant actions occur in the state;d. the states are able to reduce the impact of the federal law by adding their own law to it;e. none of the above are correct;Question 51 1 points Save;Sworn testimony, outside of the courtroom, of a witness recorded by a court official is a;a. request for admission;b. production of testimony;c. discovery testimonial;d. deposition;e. demurrer of oath;Question 52 1 points Save;Which of the following in NOT TRUE about expert witnesses and their testimony?;a. The testimony may not be contrary to the standards of the discipline the expert represents.;b. If the testimony is not credible, the court may strike it.;c. Expert witnesses may not be questioned by the opposition before trial;d. When the testimony of two experts conflict, the court may strike both on the grounds that they cannot credible if they disagree.;e. All of the above are true.;Question 53 1 points Save;Congress may check agency powers through which means;a. through the budget process;b. through statutory reporting requirements;c. through sunset laws;d. through mandatory cost-benefit analysis;e. all of the above;Question 54 1 points Save;Informal agency procedures may include;a. obtaining evidence by subpoena;b. investigatory hearings;c. tests and inspections;d. adjudicatory hearings;e. none of the above


Paper#32336 | Written in 18-Jul-2015

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