Question 57 1 points Save Cases involving disputes between citizens of different states are commonly referred to as: diversity of jurisdiction cases...

Question 57 1 points SaveCases involving disputes between citizens of different states are commonly referred to as:a. diversity of jurisdiction casesb. diversity of citizenship casesc. diversity of remuneration casesd. diversity of statehood casese. diversity of subject matter casesQuestion 56 1 points SaveIf Congress imposes a regulation on business, the states:a. may not have any regulations in the same area of concernb. may adopt regulations to replace the federal regulations, but they may only apply inside the borders of the statec. usually may add rules that strengthen the impact of the federal rule inside the stated. usually may pass rules that would reduce the effect of the federal rule inside the state, if proper due to local particular conditionse. none of the aboveQuestion 57 1 points SaveThe legal process that resolves disputes among persons, businesses, and governments is known as:a. appellate jurisdictionb. criminal procedurec. civil litigationd. general jurisdictione. limited jurisdictionQuestion 58 1 points SaveWhich of these issues may impact a company's operations?a. international issuesb. political issuesc. ethical issuesd. legal issuese. all of these issuesQuestion 59 1 points SaveSubject-matter jurisdiction is:a. created by a constitution or statute on the disputes a court can resolveb. relevant in civil litigation but not in criminal litigationc. voided upon appeal to the appropriate court of appealsd. also referred to as trial de novoe. applied to administrative agencies but not to state or federal trial courtsQuestion 60 1 points SaveLess serious crimes, punishable by fine or imprisonment for less than a year, are classified as:a. tortsb. misdemeanorsc. fraudd. negligencee. procedural violationsQuestion 61 1 points SaveIn Japan, as compared to the U.S., administrative agencies exert:a. strong regulatory control over businessb. a weak force over the activities of businessesc. only warnings to businessesd. only highly formalized suggestions to businessese. none of the aboveQuestion 62 1 points SaveA major purpose of pretrial conferences is to:a. simplify issues and plan the course of the trialb. continue the discovery process through the trial stagec. restrict the role of the judge in the settlement processd. provide plaintiffs with smaller awardse. none of the aboveQuestion 63 1 points SaveStates have the power to impose:a. whatever taxes they needb. taxes that do not impede interstate commercec. only taxes that impact interstate commerced. taxes against foreign corporationse. taxes against all producers of harmful goodsQuestion 64 1 points SaveThe party who is sued in a law suit is the:a. state.b. defendant.c. plaintiff.d. judge.e. bailiff.Question 65 1 points SaveState courts such as municipal courts or probate courts are called courts of:a. appellate jurisdictionb. limited or special jurisdictionc. general jurisdictiond. small claimse. none of the aboveQuestion 66 1 points SaveIf someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:a. evidence beyond a reasonable doubtb. substantive evidencec. the preponderance of the evidenced. civil evidencee. none of the aboveQuestion 67 1 points SaveJane wants to sue Bob in a Virginia state court. Bob is a resident of Texas. Which of the following method may Jane use to get jurisdiction in Virginia over the person of Bob?a. She can have the Virginia police arrest Bob in Texas and return him to Virginia.b. She can trick Bob into coming to Virginia by having a friend tell Bob that he has won $10,000 and must pick up the money in person in Alexandria. When he arrives, she can have him served with a summons.c. Jane could have Bob served with a summons while he is driving through Virginia on his way to visit friends in Baltimore, Maryland.d. Jane can have Bob served with a summons in Texas, demanding his appearance in Virginia court.e. Jane cannot serve Bob with a summons because he is not a resident of VirginiaQuestion 68 1 points SaveService of process (summons) is traditionally achieved by:a. long-arm statuteb. service in absentiac. personal serviced. publicatione. substituted serviceQuestion 69 1 points SaveIn an orderly society, law and the legal system serve to:a. influence the behavior of members of society.b. resolve disputes.c. maintain the important values of societyd. provide a way for important social changes to take effect.e. all of the above.Question 70 1 points SaveState courts do not have jurisdiction in which of the following situations?a. Plaintiff and defendant both live in the same state, and the dispute involves state law.b. Plaintiff lives in State A and defendant lives State B, and the matter involves state law.c. Plaintiff lives in State A and defendant lives State B, the matter involves state law, and the amount in controversy is less than $75,000.d. Plaintiff 1 lives in State A, Plaintiff 2 lives in State B, and the defendant lives in State B; and the dispute involves state law.e. Plaintiff lives in State A and defendant lives State B, and the dispute involves federal law.Question 71 1 points SaveAfter DeepBlue presents its case as plaintiff, Paul's Store, defendant, moves for a directed verdict. The judge denies the motion. The next step in the trial is that the attorney:a. for DeepBlue presents a closing argumentb. for DeepBlue presents her expert witnessesc. for Paul's instructs the juryd. for Paul's presents his casee. for Paul's moves for a mistrialQuestion 72 1 points SaveAccording to the Federal Arbitration Act:a. parties must always use arbitration before going to courtb. arbitration is not recognized by the governmentc. arbitration is allowed only for claims under $75,000d. arbitration must be pre-approved by a courte. courts must uphold agreements to arbitrateQuestion 73 1 points SaveA summary jury trial:a. is the jury equivalent of a minitrialb. involves a judge giving the jury abbreviated instructions on the lawc. begins with the selection of six advisory jurorsd. involves a short presentation, by each side, of their casee. all of the above are trueQuestion 74 1 points SaveA party seeking further review from the highest state court may seek review from:a. the federal district court in that districtb. the federal appeals court in that districtc. a panel of state supreme court justices from surrounding statesd. the U.S. Supreme Courte. may not seek any further reviewQuestion 75 1 points SaveWhich sanction is not available to any federal regulatory agency?a. imposition of a fineb. revocation or suspension of a licensec. assessment for damagesd. destruction or seizing propertye. all of the above are availableQuestion 76 1 points SaveIf there has been a lot of publicity surrounding a case, the defendant may request:a. a declaration of forum non conveniensb. a determination of concurrent jurisdictionc. a conflict-of-law rulingd. a change of venuee. none of the aboveQuestion 77 1 points SaveAfter the discovery is complete, if there has been no dismissal, summary judgement, or settlement, the dispute is set for________.a. trialb. jury for deliberationc. the judge for determinationd. final argumentse. none of the aboveQuestion 78 1 points SaveWhich of the following statements is correct?a. The way the Supreme Court interprets the Constitution changes over time.b. There have been no amendments to the Constitution since the 1930s.c. All Constitutional rights are clearly spelled out in the document, there is no disagreement about those rights.d. The interpretation of the Constitution by the Supreme Court has not changed in 200 years.e. None of the aboveQuestion 79 1 points SaveWhich of the following statements is true?a. law imposes structure on society by limiting activities that hurt the "public interest"b. the sale of marijuana is illegal worldwidec. the sale of alcoholic beverages is legal worldwided. the law does not apply to individuals; only to society as a wholee. all of the above are trueQuestion 80 1 points SaveAn opinion written by a judge on a court of appeals who agrees with the decision of the majority, but for a different reason, is called a:a. majority opinionb. dissenting opinionc. concurring opiniond. modifying opinione. none of the above; no such written opinion is allowedQuestion 81 1 points SaveThe constitutional right to jury trial in criminal cases is addressed by the:a. Fifth Amendmentb. First Amendmentc. Sixth Amendmentd. Seventh Amendmente. Fourteenth AmendmentQuestion 82 1 points SaveIn Hughes v. Wal-Mart Stores, a girl in Louisiana sued Wal-Mart for injuries she received in an accident in Louisiana, where she lived and where her father had bought the product that injured her. Hughes brough suit in federal court in Arkansas, where Wal-Mart has its headquarters and where Hughes' attorneys believed the chance of recovery was better than in Louisiana. Wal-Mart contended that Louisiana product liability law should apply. The proper result would be for the:a. federal court in Arkansas to apply Arkansas law.b. federal court in Arkansas to apply Louisiana law.c. federal court in Arkansas to apply federal law.d. case to be moved to state court in Louisiana where Louisiana law would apply.e. case to be moved to federal court in Louisiana where Louisiana law would apply.Question 83 1 points SaveFederal trial courts are called:a. district courtsb. municipal courtsc. superior courtsd. claims courtse. none of the aboveQuestion 84 1 points SaveWhich of the following is not a part of the rules that govern most developed nations:a. formal rulesb. informal rulesc. social customsd. ethicse. all of the above are part of the rulesQuestion 85 1 points SaveSome administrative agency investigations lead to a formal complaint being filed against a business, which may result in a hearing before an administrative law judge (ALJ). ALJs are:a. at the lowest level of the federal judicial system.b. the regulatory agency equivalent of an appellate judge.c. are not judges because they only hear the facts of cases.d. appointed by the president with consent of the Senate.e. None of the above.Question 86 1 points SaveThe court's review of an agency's statutory interpretation is generally afforded:a. the most intense scope of review.b. a careful review with respect to statutory interpretation, and a lesser review of technical judgments required of the agency in implementing the statute.c. a limited scope of review, only looking for possible violations of constitutional rights.d. a limited scope of review review since the power of Congress is absolute in this regard.e. None of the above.Question 87 1 points SaveWhich of the following concerns legal wrongs committed against the government:a. civil lawb. procedural lawc. ethical lawd. private lawe. criminal lawQuestion 88 1 points SaveIf a defendant answering a complaint admits to the plaintiff's allegations but asserts additional facts that constitute a defense to the complaint, the defendant has asserted:a. a counterclaimb. an affirmative defensec. a pleadingd. an answere. none of the aboveQuestion 89 1 points SaveA principal function served by the appellate courts is to:a. ensure that the trial judge correctly applied the lawb. investigate the jury members to be sure that each was thinking in an unbiased mannerc. verify the factual determinations made by the judged. verify the factual determinations made by the jurye. all of the aboveQuestion 90 1 points SaveIf a party refuses to comply with a court order to produce documents or answer written interrogatories:a. nothing can be done, since no one can be forced to answer questions; the trial must proceed as best it canb. nothing can be done at that time, but the questions can be asked again during the trial to show the judge and jury that the party would not provide relevant informationc. the court can find the party in contempt of court, which can result in fines or imprisonmentd. the court can declare a mistrial and order the procedure to begin againe. none of the aboveQuestion 91 1 points SaveAdministrative rules are classified as substantive (legislative), interpretative, and:a. regulatoryb. investigativec. prospectived. procedurale. none of the aboveQuestion 92 1 points SaveSpecific performance refers to a remedy when the court requires the defendant to place the plaintiff back into the economic position they had before the injury in question was inflicted.a. Trueb. FalseQuestion 93 1 points SaveThe U.S. Constitution:a. established and limited the powers of governmentb. created the common lawc. created the four major branches of the U.S. governmentd. created the 50 statese. all of the aboveQuestion 94 1 points SaveYou are charged with violating a government statute and asked to pay $10 million in civil penalties.a. You have a right to a jury trial if you demand one.b. You have a right to a jury trial only if the case involves a federal statute.c. You have a right to a jury trial only if the case is brought state court.d. You have a right to a jury trial only if there are no criminal charges involved.e. You have a right to a jury trial only if the legal issue involved is close to that of a common law right.Question 95 1 points SaveStatutory law is:a. a law enacted by a legislative bodyb. also known as the fundamental law of the nationc. a form of common lawd. establishes the separation of powers at the federal levele. all of the aboveQuestion 96 1 points SaveSome court systems require arbitration before a trial in certain classes of disputes. The quasi-judicial hearing usually resolves the matter without a trial. This is called:a. court-annexed arbitrationb. minitrialc. judicial negotiationd. mediated litigatione. none of the above; no such nonprocedure is used