BLAW module 1 exam 1

UARK BLAW 2013 Petrone

Which part of the government creates statutory law?

A.     Voters

B.     Courts

C.     Executive

D.    Legislature

D

The Florida Legislature passed a law prohibiting masks in public buildings. What type of law is this?

A.     Ordinance

B.     State statute

C.     Executive Order

D.    Federal statute

B

Which of the following is a “Uniform” statutory law prepared by the National Conference of Commissioners on Uniform State Law?

A.     Uniform Commercial Code

B.     U.S. Constitution

C.     Federal Register

D.    Uniform Federal Code

A

 The National Conference of Commissioners on Uniform State Law drafted the Uniform Commercial Code (UCC). The UCC is adopted by?

A.     The Federal Government

B.     Cities

C.     States

D.    The Executive

C

The President of the United States wants to eliminate wasteful spending. The President creates a law prohibiting federal agencies from purchasing paper clips. What type of law may the President independently create?

A.      Ordinance

B.      State statute

C.      Executive Order

D.     Federal statute

C

The EPA enforces regulations related to the environment. Which part of the government creates regulations?

A.     The executive

B.     U.S. Constitution

C.     Administrative agencies

D.    City councils

C

OSHA regulates workplace safety. OSHA created a law requiring hospitals to protect its workforce against Covid-19. Which type of law is this?

A.     Constitutional

B.     Common Law

C.     Ordinance

D.    Regulation

D

A system of law that developed primarily on legal precedent is known as:

A.     Sharia Law

B.     Civil Law

C.     Common Law

D.    Statutory Law.

E.     Constitutional Law.

C

The common law system relies on which of the following:

A.     written codes or statutes

B.     rule 11

C.     stare decisis

D.    constitutional law

E.     administrative regulations

C

The doctrine of “stare decisis” is most closely associated with:

A.     Statutes passed by Congress

B.     Criminal Law.

C.    Executive orders issued by the President of the U.S.

D.    Religious Law

E. Common Law

E

In 1803 the U.S. Supreme Court decided the landmark case of Marbury v. Madison.  This case established the legal precedent that the final interpretation of the U.S. Constitution is within the authority of:

A.     Congress.

B.     The Attorney General

C.     The Secretary of State.

D.    The President

E.     The U.S. Supreme Court

E

Fictitious fact pattern: The Massachusetts legislature creates a statute making it a criminal offense to disparage Tom Brady or Bill Belichick (both famous employees of the New England Patriots football team).  Which branch of government has the power to decide whether the Massachusetts statute is constitutional?

A.     No part of government may determine that a state statute is unconstitutional

B.     The U.S. Department of Justice because the agency’s enabling statute grants judicial review powers

C.     The U.S. President because the executive has power to enforce or deny laws under the constitution

D.    The U.S. Congress because the supremacy clause gives the federal legislature power over state legislatures

E.     The judiciary because of the power of judicial review as established in Marbury v. Madison.

E

Which of the following best describes the doctrine of “judicial review?”

A.     The right of Congress to approve nominations of federal judges.

B.     The right of the judicial branch to determine whether the actions of other branches of government are constitutional.

C.     The right of the executive branch to overrule the decisions of the Supreme Court.

D.    The right of the individual states operating through their judicial system to determine whether or not federal laws are enforceable in their state.

E.     The power of state courts to overturn decisions of federal courts which are deemed to be in violation of states rights.

B

What important rule of law was first announced in the famous U.S. Supreme Court case of Marbury v. Madison (1803)?

A.     Courts have the power of judicial review.

B.     If a federal statute conflicts with the Constitution the statute controls.

C.     The Congress has the power to amend the Constitution provided there is a 2/3 vote by both houses of Congress.

D.    If a state statute conflicts with the Constitution the statute controls under the doctrine of state action.

E.     The Congress can overrule a decision of the U.S. Supreme Court by a 2/3 vote by both houses of Congress.

A

The doctrine of “judicial review” refers primarily to which of the following?

A.     Congress has the power to review constitutional interpretations made by the courts.

B.     The president has the power to review constitutional interpretations made by the courts.

C.     The courts have the power to review governmental actions to determine whether they violate the constitution.

D.    The decisions of the state supreme courts on matters of state law are subservient to the federal courts.

 

C

Walmart sues a vendor for breaching a contract. Which of the following is correct?

A.     Walmart is the defendant

B.     The vendor is the plaintiff

C.     Walmart is the plaintiff

D.    Walmart is the appellant

C

You love the Target dog so much that you incorporate it into your website. If Target sues you for trademark infringement which of the following is correct?

A.     You are the plaintiff

B.     You are the appellant

C.     You are the defendant

D.    Target is the prosecutor

C

The principle of “federalism” is most closely associated with:

A.     The incorporation doctrine.

B.     The doctrine that the U.S. Constitution is superior to all state laws.

C.     The separation of powers between the legislative, executive and judicial branches.

D.    The allocation of powers between the federal and state governments.

E.     The doctrine of state action.

D

The principle that all powers not delegated to the federal government in the U.S. Constitution are reserved to the states or the people comes from the ______________________.

A.     Federal laws

B.     10^th Amendment

C.     Judicial Branch

D.    Legislature

E.     The doctrine of state action.

B

The origin of the common law system is based primarily on which of the following?

A.     Rules of law developed by British merchants.

B.     Statutory law passed by the British Parliament.

C.     Written decisions of British judges.

D.    Legal doctrines primarily established by the Napoleonic Code.

E.     The United States Constitution written in 1776.

 

C

You have been involved in a car accident and sustained substantial damages.  You have hired an attorney to bring a lawsuit against the driver of the other car.  In order to win your case the attorney would have to prove that the other driver was responsible for your damages by what standard of proof?

A.     By a reasonable doubt

B.     By a preponderance of the evidence.

C.     By a minimal amount of evidence.

D.    Beyond a reasonable doubt.

E.     Beyond a shadow of doubt.

B

You are serving on a jury which is hearing a lawsuit filed by a plaintiff who is alleging that a defendant’s negligent driving caused the plaintiff serious bodily harm.  After hearing the case you determine that it is more likely than not that the plaintiff has proven his allegation that the defendant’s negligence caused the plaintiff harm.  However you are not sure of this beyond a reasonable doubt.  What should you as a juror do in this situation?

A.     Vote in favor of the defendant.

B.     Vote in favor of the plaintiff.

C.     Vote to have the trial judge declare a mistrial

D.    Vote to have the trial judge decide the case

E.     Vote to have an appellate court decide the case

B

The doctrine of “burden of proof” is an important part of U.S. law.  Which of the following is correct regarding this doctrine?

I.    In a civil case the plaintiff has the burden of proof.

II.  In a criminal case the defendant has the burden of proof.

III. In a civil case the standard “burden of proof” is “by a preponderance of the evidence.”

A.  I only. 

B.  II only. 

C.  III only. 

D.  I and II only.  

E.  I and III only

E

A jury voted that a defendant was “not guilty.”  Which of the following is correct?

A.     The jury was convinced by a preponderance of the evidence that the defendant did not steal the car.

B.     The jury was convinced beyond a reasonable doubt that the defendant did not steal the car.

C.     The plaintiff in the case is seeking damages from the defendant.

D.    The prosecuting attorney failed to prove its case beyond a reasonable doubt.

E.     The case ended in a mistrial.

D

In the famous “Heart of Atlanta Motel” case the Supreme Court held that Congress had the power to pass and enforce the Civil Rights Law of 1964 based on what portion of the Constitution?

A.     Due process clause

B.     Power to lay and collect taxes

C.     Commerce clause

D.    Power to establish post roads.

E.     Equal protection clause

C

In the Heart of Atlanta case the U.S. Supreme Court upheld the constitutionality of that portion of the Civil Rights Act dealing with the use of public facilities such as motels.  In making this ruling the Supreme Court applied which portion of the constitution?

A.     Full faith and credit clause.

B.     Supremacy clause.

C.     Separation of powers.

D.    Federalism.

E.     Commerce clause.

E

Article One of the Constitution gives certain powers to the legislative branch (Congress).  Which of these is NOT one of those powers?

A.     Regulate Commerce with foreign nations.

B.     Levy taxes

C.     Disqualify and remove justices of the individual states.

D.    Declare war

C

Article One of the Constitution gives certain powers to the legislative branch. Which of the following is one of those powers?

 

A.     Nominate Supreme Court Justices

B.     Levy taxes

C.     Disqualify and remove justices of the individual states.

D.    Determine if a law is Constitutional.

B

Based upon Article Two of the Constitution the Executive Branch has which of the following powers?

I. Serve as Commander in Chief of the Army and Navy.

II. Nominate Supreme Court Justices, subject to approval by the Senate

III.  Declare war.

 

A.  I only. 

B.  II only. 

C.  III only. 

D.  I and II only. 

E.  I, II and III

D

Based upon Article Two of the Constitution, the Executive Branch has which of the following powers?

I. Lay taxes

II. Enter into Treaties subject to approval by the Senate

III.  Regulate Commerce

 

A.  I only. 

B.  II only. 

C.  III only. 

D.  I and II only. 

E.  I, II, and III

 

B

The “electoral college” is the entity that actually votes to elect the president and the vice president.  How many electoral college votes does each state get?

A.     Total number of their representatives in the House of Representatives

B.     Total number of their senators in the Senate

C.     Total number of their representatives in the House plus total number of their senators

D.    One tenth of one percent of their total population based on the most recent Census

E.     One one hundredth of their total population based on the most recent Census.

C

U.S. Federal District Court (trial court) judges are normally selected by the following?

A.     Elected by the U.S. House of Representatives

B.     Elected by the U.S. Senate

C.     Chosen by the U.S. Supreme Court

D.    Nominated by the President and confirmed by the U.S. Senate.

E.     Elected by the voters in the state in which the judge will hear cases.

D

According to Article III of the Constitution, justices of the Supreme Court and the inferior courts shall hold their offices:

A.     For seven years, subject to reappointment by the President

B.     For seven years, subject to reappointment by the Senate.

C.     For fourteen years, for no reappointment.

D.    For fourteen years, subject to reappointment by the Senate.

E.     During good behavior.

E

Justices of the U.S. Supreme Court remain justices:

A.     For seven years, subject to reappointment by the President

B.     For seven years, subject to reappointment by the Senate

C.     During good behavior

D.    For fourteen years, with no reappointment

E.     For fourteen years, subject to reappointment by the Senate

C

Allen obtained a judgment in a breach of contract case whereby he was awarded $100,000 in damages.  In order to avoid paying the judgment the defendant moved to a different state.  Allen pursued the defendant, and upon locating him brought an action to have his judgment recognized and enforced by a different state.  Is this state required to do so?

A. No, as legal precedents in one state are not required to be followed in other states.

B. No, as the Constitution specifically says that no state is required to submit its legal authority to another state.

C. Yes, under the Supremacy clause.

D. Yes, under the Full Faith and Credit clause.

D

Ace Bank lent $125,000 to Jones at a time when both Ace Bank and Jones were residents of Arkansas.  Jones defaulted on the loan and was promptly sued by Ace Bank in an Arkansas court and received a judgment in its favor.  Jones then moved to Texas.  Does Ace Bank have the legal right to have this judgment enforced by legal process in Texas?

A. Yes, under the supremacy clause of the constitution.

B.     Yes, under the federalism clause

C.     Yes, under the full faith and credit clause

D.    No, under the doctrine of federalism

E.     No, under the doctrine of state action

C

The Full Faith and Credit Clause of the U.S. Constitution requires which of the following?

A. a state must honor rights established in another state regarding deeds, wills, contracts and court judgments

B. police to have probable cause to search a residence

C.  all people are treated the same regardless of the state they live in.

D.   everyone follow the constitution

E.   every states honor the first amendment

A

Kerry was employed by an upscale women’s clothing store.  After working for them for 6 months she became dissatisfied with how she was treated, especially with their requirement that she work overtime during certain times of the year.  She communicated her complaints via advertisements in the local paper.  As a result of these advertisements she was dismissed (fired) by the store.  Kerry has brought a lawsuit against the store based on an alleged violation of her right to free speech.  A court hearing this case would probably rule in favor of:

A.     Kerry, based on the first amendment’s free speech doctrine

B.     Kerry, based on the 14^th amendment’s due process clause

C.     The store as there was a lack of state action

D.    The store as Kerry violated the due process clause when she posted the advertisement

C

Marcel is an employee of a large retail business.  He had written a number of letters to the local paper criticizing his employer and for this he was fired.  He has sued the retail business claiming that the business has violated his right to “free speech.”  Is he likely to win his case based on constitutional law?

A.     Yes, based on the first amendment.

B.     Yes, based on the due process clause

C.     Yes, based on the equal protection clause

D.    No, as there is no state action in this situation.

E.     No, due to the doctrine of judicial review.

D

Susan is a public school teacher. She tweets that the school doesn’t support its teachers and it’s a horrible working environment. The school board fires Susan. Susan sues the school claiming it violated her right to “free speech.” The school moves to dismiss Susan’s suit. How will the judge likely rule?

A. Deny the motion for dismissal because there is a state action  

B. Deny the motion based on the due process clause 

C. Deny the motion based on the equal protection clause

D. Dismiss the suit as there is no state action.

E. Dismiss the suit due to the doctrine of judicial review.

A

Pete is a public school teacher. He writes a letter of opinion to the local paper that the school is bullies students and doesn’t support free speech. S Pete is fired for his letter. Pete sues the school claiming it violated his right to “free speech.” The school moves to dismiss Pete’s suit. How will the judge likely rule?

A.  Dismiss the suit because of the equal protection clause

B. Deny the motion based on the due process clause 

C. Deny the motion for dismissal because there is a state action

D. Dismiss the suit as there is no state action.

E. Dismiss the suit due to the doctrine of judicial review.

C

Todd is an employee of the Yankees. Todd tweets under the twitter name “abc123” vulgar messages about the daughter of Burt Skilling (a professional baseball player).  Burt tells the Yankees and the Yankees fire Todd.  Todd sues the Yankees alleging they violated his First Amendment right to free speech.  How will this case likely conclude?

A.     Todd will succeed if he can show this First Amendment right to free speech was violated.

B.     The suit will be dismissed because of the Full Faith and Credit Clause.

C.     The suit will be dismissed because there was no intention to harm.

D.    The suit will be dismissed because of the state action doctrine.

E.     The trial judge will certify this issue to an appellate court as issues of law are to be decided by appellate courts.

D

Gail posts a message on Facebook that makes negative comments about her employer, Oprah. Gail works for Oprah’s magazine, “O”. When Oprah sees the post, she immediately fires Gail.  Gail sues Oprah alleging a violation of her first amendment rights of free speech.  Oprah files a Motion to Dismiss. How will the trial court rule?

A.     Allow the suit to go forward if Gail can prove beyond a reasonable doubt that her constitutional rights were violated

B.     Allow the suit to go forward if Gail she can prove by a preponderance of the evidence that her constitutional rights were violated

C.     Allow the suit to go forward because it is a first amendment case .

D.    Dismissed, because there is no state action.

E.     Dismissed, because of the Full Faith and Credit Clause.

 

D

Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?

A.     Speech which is obscene

B.  Speech which presents a “clear and present danger.”

C.     Defamatory speech.

D.    Symbolic speech.

E.     Commercial speech

D

If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered:

A.     A violation of the freedom of speech doctrine in the first amendment

B.     A violation of the establishment clause in the first amendment

C.     A violation of rule of law established by the Brown v. Board of Education case (1954)

D.    A violation of the supremacy clause in Article Six

E.     NO violation of constitutional law since such religious activities are in the best interest of the students.

B

Which of the following forms of speech are generally considered to be fully “protected” by the first amendment?

A.     Defamatory speech.

B.     Symbolic speech.

C.     Commercial speech.

D.    Speech which is obscene.

E. Speech which presents a clear and present danger.

B

Which of the following is an example of commercial speech?

A.     Signs at a protest

B.     Chants made at a protest

C.     An advertisement stuck on your windshield

D.    Speech which is obscene.

E.     Speech which presents a clear and present danger.

C

Which of the following forms of speech are NOT protected by the first amendment?

I.  Speech which presents a clear and present danger.

II. Speech which is considered to be defamatory under state law

III. Speech which is considered to be obscene under state law.

IV. Speech which consists entirely of statements of fact which are known to be without merit.

 

A.  I and II only. 

B.  I, II and III only. 

C.  I, II, III, and IV. 

D.  I and III only. 

E.  II and III only. 

C

Fayetteville city council passed a law prohibiting any organization or group from hosting rallies from 10 pm to 7am. An anti-abortion group wants to hold a rally to support life at midnight but is denied a permit to do so. The group files a lawsuit asking a court to overturn Fayetteville’s law. How will the court likely rule?

A.     In favor of Fayetteville because their law is a content neutral restriction.

B.     In favor of Fayetteville because a right to life group is not a clear and present danger.

C.     In favor of the anti-abortion group because their first amendment rights were violated.

D.    In favor of the anti-abortion group because of equal protection.

A

A political group plans a rally for 11pm to support their candidate. They didn’t realize that the city where the rally was planned had an ordinance that stated “No rally may be held from 10pm-7am.” The purpose of the ordinance was to reduce noise when most people are sleeping. When people began to arrive for the rally police sent them home citing the ordinance. If the political group sues based on their right to free speech the court will likely:

 

A.     Rule in favor of the city because there is a rational basis for the restriction.

B.     Rule in favor of the political group because the restriction doesn’t stand up to strict scrutiny.

C.     Rule in favor of the city because the restriction is content neutral.

D.    Rule in favor of the political group because of equal protection.

C

Some forms of speech are not protected by the first amendment.  This would generally include which of the following forms of speech?

I.  Speech which presents a clear and present danger.

II. Speech which is defamatory.

III.  Speech which is obscene.

 

A.   I only. 

B.  II only. 

C.  III only. 

D.  I and II only. 

E.  I, II and III

E

A local police office thinks Matt “looks like a drug dealer.” When Matt goes into a coffee shop, the officer opens Matt’s car trunk and finds large quantities of marijuana. The officer does not have a search warrant. Will the drugs be admitted into evidence in Matt’s criminal trial?

 

A.     Yes, under the best evidence rule.

B.     Yes, because the police officer has a lot of experience and thought Matt looked like a drug dealer.

C.     No, because Matt did not receive a Miranda warning.

D.    No, because of the exclusionary rule.

D

According to judicial interpretations of the fourth amendment the government should get a search warrant to search a suspect’s house. To obtain a search warrant, the government must convince a judge that they have _______________________. (fill in the blank)

A.     A good hunch and a lot of experience.

B.     Probable cause to believe the search will reveal evidence of a specific crime.

C.     Justifiable emergency.

D.    Consent of the party to be searched.

E.     ALL of these are justifiable reasons and allow the police to make a search with the judge’s consent.

B

Fourth amendment precedent allows searches and seizures may be based on any one of three reasons.  Which of the following is NOT one of these reasons?

A.     Search warrant

B.     Justifiable emergency

C.     Convenience of the police

D.    Consent of the party to be searched

C

Wilson returned to his home one night to find that several police officers had broken into his home and confiscated goods which were recently stolen from a warehouse owned by Big Company.  It was later revealed that the search by the officers was conducted without a search warrant.  The officers did not obtain the warrant because they were told by a reliable third party that Wilson had stolen the goods and kept them in his house, thus negating the need for a search warrant.  In this case:

A.     The warrant was not required as the information was given to the police by a reliable third party.

B.     The warrant was required but the evidence is admissible in court because the presence of the stolen goods is clear and convincing evidence that Wilson stole the goods.

C.     The warrant was required and the presence of the stolen goods cannot be used because of the exclusionary rule.

The warrant was not required because the police did not know that a warrant was mandatory

C

In which of the following kinds of cases would a lawyer be most likely to seek payment based on a “contingency fee?”

A.     Representing Jill as a plaintiff in a slip and fall case in a Wal-Mart store

B.     Representing Jane as a defendant in a car accident

C.     Representing a defendant who is being sued for sexual harassment

D.    Preparation of a will

E.     Preparation of a lease contract

A

You order a pizza from a local pizza delivery company.  When you bite into the pizza you break your tooth on a piece of metal baked into the crust.  You hire a lawyer to represent you in your lawsuit against the pizza company to recover your medical expenses and for the pain and suffering you endured.  Which of the following is true with respect to what fees your attorney can charge?

A.     Your case is criminal so your attorney must take the case on a contingency fee basis as no other fee structure is permitted by the American Bar Association

B.     Your case is criminal so your attorney must be paid on an hourly basis at whatever hourly rate she charges for such cases as long as it is not unreasonable.

C.     Your case is civil so your attorney is prohibited from taking the case on a contingency fee basis and your attorney can only charge you a flat fee based on a rule of the American Bar Association

D.    Your case is civil so your attorney can take the case on a contingency fee basis or charge you an hourly fee for her services.

E.     Because this is a private lawsuit your lawyer can only charge you a fee if she wins the case for you based on regulations of the American Bar Association.

D

In which of the following would a lawyer be most likely to receive payment from a client on the basis of a “contingency fee?”

A.     Defending a client who has been charged with a felony.

B.     Preparing a will for a client.

C.     Negotiating a contract for a client.

D.    Representing a client who is injured in a car accident.

E.     Representing a corporate client who is being sued by an employee for employment discrimination.

D

In which of the following cases would a lawyer probably expect to be paid an hourly rate?

A.     Defending Wal-Mart when it is sued by a customer who slipped in a Walmart.

B.     Representing a client who is suing her company for sexual harassment.

C.     Representing a client who was injured in a car accident.

D.    Representing a client who slipped in a Wal-Mart and sued the company for damages.

A

Rule 11 is part of the rules of civil procedure in both federal and state courts.  This rule is associated with which of the following?

A.     Lawsuits for punitive damages.

B.     Civil cases without a jury.

C.     Frivolous lawsuit.

D.    Criminal cases without a jury.

E.     Cases which involve a directed verdict.

C

“Rule 11” is part of the rules of procedure in civil court.  This rule allows a trial court judge to:

A.     Dismiss a juror who appears to be biased against one of the litigants.

B.     Fine a lawyer whose conduct was reprehensible to be in contempt of court.

C.     Fine a witness to be guilty of perjury.

D.    Penalize a lawyer for filing a frivolous lawsuit by assessing a fine

E.     Dismiss a case prior to the start of a trial for failure of the plaintiff to state a cause of action.

D

In both civil and criminal cases it is the responsibility of the jury to:

 

A.     Investigate the criminal background of the defendant.

B.     Determine whether a lawyer should be sanctioned for misconduct in the trial

C.     Determine whether or not a witness should be allowed to testify in the trial.

D.    Resolve questions of law.

E

Gladys was injured when a restaurant sign fell on her.  She sued the restaurant alleging that the restaurant was negligent and demanded a jury trial.  At trial, who will consider the evidence and decide whether the restaurant was negligent?

 

A.     The jury because this is a question of fact.

B.     The judge because this is a question of law.

C.     The jury because this is a question of law.

D.    The judge because this is a question of fact.

A

Which one of the following is evidence a jury can consider?

 

A.     A statement made by the attorney during a press conference

B.     A statement made by the judge in ruling on an objection based on hearsay

C.  A statement made by the arresting officer in a criminal case that was reported in a newspaper article but who did not actually testify in the trial. 

D.    A statement made by an eyewitness while testifying under oath during the trial

E.     Any statement that is made to a juror inside or outside the courtroom can be considered

D

The primary role of the jury in a civil trial is to:

 

A.     Resolve questions of fact.

B.     Resolve questions of law.

C.     Determine whether or not a witness should be allowed to testify

D.    Determine whether or not a lawyer should be sanctioned for improper conduct

E.     ALL of these.

A

You have been chosen as a juror in a civil trial.  Which of these is your primary responsibility?

 

A.     Interpret the law to the best of your ability.

B.     Resolve questions of fact.

C.     Determine which attorney made the best argument.

D.    Decide which litigant (the plaintiff or the defendant) had the greater financial need.

E.     Decide whether the law in the case was fair to both sides.

B

U.S. Federal District Court (trial court) judges are normally selected by the following?

 

A.     Elected by the U.S. House of Representatives

B.     Elected by the U.S. Senate

C.     Chosen by the U.S. Supreme Court

D.    Nominated by the President and confirmed by the U.S. Senate.

E.     Elected by the voters in the state in which the judge will hear cases.

D

In which of the following courts would you normally be entitled have your case heard by a jury?

I.               U.S. District Court

II.              U.S. Court of Appeals

III.             U.S. Supreme Court

A.     I only.  B.  II only.  C.  III only.  D.  I and II only.  E.  I, II and III

A

Which of the following courts are courts where a case originates?

 

I.               U.S. Circuit Court of Appeals

II.              U.S. Supreme Court

III.             Arkansas Supreme Court

IV.            U.S. District Court

 

A.     I only.  B.  II only.  C.  III only.  D.  IV only E. I and II only.  E.  I, II III and IV

D

In which of the following courts would the court normally be expected to hear the testimony of witnesses?

 

I.               U.S. District Court

II.              U.S. Circuit Court of Appeals.

III.             U.S. Supreme Court.

IV.            Arkansas Supreme Court.

 

A.     I only.   B.  I and II only.  C.  I and III only.  D.  I, II, and III only.  E.  I, II, III, and IV.

A

In which of the following kinds of courts would witnesses be called to testify?

 

I.               Trial courts.

II.              Appellate courts.

III.             The Supreme Courts of the various states and the U.S. Supreme Court

 

A.     I only.  B.  II only.  C.  III only.  D.  I and II only.  E.  I, II and III

A

A federal trial court judge in Fayetteville, Arkansas must interpret Arkansas state law.  The Arkansas Supreme Court has previously interpreted this law. No federal court has interpreted this law. Will the federal trial judge be required to follow the precedent set by the Arkansas Supreme Court?

 

A.     Yes, this is a “civil law” system, not a “common law” system.

B.     No, the federal trial court exclusively follows laws from the U.S. Supreme Court.

C.     No, because federal trial court judges in Arkansas exclusively follow precedent of the 8^th Circuit Court of Appeals.

D.    Yes, the Arkansas Supreme Court issues binding precedent for the interpretation of Arkansas law.

E.     No, because federal judges may only apply federal law when deciding a case.

D

The Texas Supreme Court has rendered a decision on a unique negligence issue on a case involving a Texas Statute.   A state court judge in Fayetteville, Arkansas is hearing a case regarding the Texas Statute.  Will the judge in Fayetteville, Arkansas be required to follow the Texas Supreme Court when hearing the case?

 

A.     No, because this contradicts the common law system

B.     No, because Arkansas judges have to follow Arkansas Supreme Court decisions not Texas Supreme Court decision

C.     Yes, as this is an example of how the civil law system in Texas works

D.    Yes, because this is binding precedent in the state of Texas and the judge is considering a Texas Statute.

E.     Yes, as required by the famous case of Marbury v. Madison

D

Martin believes use of scooters is unreasonably dangerous because a classmate told him about an accident the classmate was in where he was injured. Martin files a lawsuit to stop the use of scooters on campus due to the danger. How will the court handle the lawsuit?

 

A.     Allow the lawsuit to go forward because Martin knows someone who was hurt.

B.     Dismiss the lawsuit for lack of standing.

C.     Allow the lawsuit to go forward because Martin could be hurt in the future.

D.    Dismiss the lawsuit because it should be a class action.

B

Greg is opposed to Tik Tok and believes it causes depression in youths. Greg has never used Tik Tok. If Greg sues Tik Tok and his lawsuit is dismissed it is most likely because of which of the following?

 

A.     Lack of Venue

B.     Lack of Subject Matter Jurisdiction

C.     Lack of Standing

D.    Lack of Personal Jurisdiction

C

Sherry, a University of Arkansas BLaw student is angry that the students stormed the field after the Razorbacks recent win. If Sherry files a lawsuit to stop students storming the field at future games in an effort to prevent future SEC Fines the court will likely do which of the following?

 

A.     Issue an injunction

B.     Dismiss the suit for lack of standing (it was the University of Arkansas who was hurt by paying the fine)

C.     Dismiss the suit for improper venue (it was the University of Arkansas who was hurt by paying the fine)

D.    Issue a monetary award if it happens at a future game

B

You live in Arkansas and bank with Big Bank.  One day you discover that when you open your most recent bank statement that Big Bank is illegally charging you a service fee every time you check your account balance online.  Big Bank has its principal place of business in New York and does not have a physical bank branch in Arkansas.  The Arkansas court may exercise personal jurisdiction over Big Bank if:

 

A.     Big Bank is a corporation.

B.     Big Bank has minimal contacts with Arkansas.

C.     Big Bank meets the state actor requirement.

D.    Big Bank charged you more than $25,000 in fees.

E.     Big Bank requires arbitration.

B

You wish to file a lawsuit against a local hospital for violating a federal statute recently passed by Congress.  You are seeking $50,000 in damages.  You are a resident of Arkansas and the hospital’s principal place of business is in Arkansas.  In which court can you file your lawsuit?

 

A.     You can only file your lawsuit in a state court in Arkansas because the amount in controversy is less than $75,000.

B.     You can file your lawsuit in either a state court or a federal court in Arkansas since a federal question is at issue.

C.     You can only file your lawsuit in a federal court in Arkansas because a “federal question” is at issue

D.    You can only file your lawsuit in a state court because the U.S. is not a party and there is no patent or bankruptcy claim at issue in the case

E.     You must file this lawsuit in a court in Washington, D.C. because it involves a federal statutory law passed by Congress.

B

While you were sitting at a stoplight in Fayetteville you were hit from behind.  You want to sue the driver of the other car and are seeking damages of $100,000.  The driver that hit you is a resident of Tennessee, but has a permanent business in Arkansas.  In which court can you file your lawsuit?

 

I.               Federal court in Arkansas

II.              Federal court in Tennessee

III.             State court in Arkansas

IV.            State court in Tennessee

A.     I and II only. B.  III and IV only.  C.  I and III only.  D.  II and IV only.  E.  I, II, III, and IV

E

Tim (from Texas) and Mark (from Missouri) attend the University of Arkansas.  Mark accidentally ran his car into Tim’s car on Dickson Street in Fayetteville, AR.  Tim wants to sue Mark, alleging damages of $60,000.  There is no issue of federal law.  In which of the following courts may Tim file a lawsuit against Mark?

 

I.               Arkansas state court.

II.              Missouri state court.

III.             Texas state court.

IV.            Arkansas federal court

 

A.     I only.   B.  I and II only.  C.  II only.  D.  I and IV only.  E.  I, II, III and IV.

B

A U.S. District Court in Arkansas may exercise personal jurisdiction over an out of state defendant if:

 

A.     The defendant had minimal contacts with the state.

B.     The defendant had corporate profits exceeding $10 million annually, making such an entity subject to national jurisdiction.

C.     The defendant had violated a federal law, making the case a federal question.

D.    The defendant is from a different state and the amount in controversy exceeds $50,000.

E.     The defendant is an employee of the U.S. government.

 

A

Sara wants to file a lawsuit against her cellphone company for violating a federal law. She is seeking $45,000 in damages. Sara is a resident of Texas and the cellphone company’s principal place of business is in Texas. In which court can Sara file her lawsuit?

 

A.     Arkansas state court as we have “open courts” in the U.S.

B.     Texas state court only as she is not suing for $75,000.

C.     Either state court or a federal court in Texas since a federal question is at issue.

D.    Only in federal court as there is a federal question at issue.

E.     Texas state court as the U.S. is not a party.

C

In which of the following kinds of cases would federal courts have exclusive jurisdiction?

 

I.               Cases in which the U.S. is a party.

II.         Cases which where the litigants are from different states and involve more than $75,000

III.             Cases involving copyrights.

IV.            Cases which involve a federal question.

 

A.     I only.  B.  I and II only.  C.  I and III only.  D.  I, II and III.  E.  I, II, III, and IV.

C

Allen, a resident of Arkansas, was visiting a friend in Dallas, Texas.  During the time of the visit he got into a fight with a resident of Dallas, with the result that he suffered substantial physical harm requiring a hospital stay.  The alleged assailant had only been to Arkansas one time to visit a friend in Hot Springs.  The amount of the lawsuit is $100,000, and involves no issue of federal law.  In which of the following courts can Allen bring this lawsuit?

 

I.               State court in Texas

II.              State court in Arkansas

III.             Federal court in Texas.

 

A.     I only.  B.  II only.  C.  III only.  D.  I and III only.  E.  I, II, and III.

 

D

Which of the following kinds of civil cases can be heard ONLY in federal court?

 

A.     Cases involving more than $250,000 in damages.

B.     Cases involving a federal employee

C.     Cases in which the U.S. Constitution would apply.

D.    Cases involving whether or not a copyright is valid.

E.     Cases in excess of $75,000 in which the litigants are from different states.

D

You are a resident of Arkansas.  While you are in Dallas, Texas you are injured by a resident of Texas who caused you damages when he was driving a motorcycle.  He did not have any insurance.  He had never visited Arkansas (although he had heard that it was a beautiful state).  You hired an attorney to sue the Texas resident for $100,000 (as you have sustained substantial personal injuries).  Which court would have jurisdiction over this case?

I.               Texas state court

II.              U.S. District court in Texas

III.             U.S. District court in Arkansas.

 

A.     I only.  B.  II only.  C.  I and II only.  D.  II and III only.  E.  I, II and III

C

Which of the following kinds of cases can be heard exclusively in federal court?

 

I.   Cases involving a federal question.

II.  Cases where the two litigants are from different states and the case involves over $75,000

III.  Cases in which the United States is a party.

 

A.     I only.  B.  II only.  C.  III only.  D.  I and III only.  E.  I, II and III.

C

1.      Which of the following is the usual order events of a civil case?

 

A.     Complaint, answer, service of process, discovery, trial

B.     Complaint, service of process, discovery, answer, trial

C.     Service of process, complaint, answer, discovery, trial

D.    Complaint, discovery, answer, service of process, trial

E.     Complaint, service of process, answer, discovery, trial

E

Which of the following is true when a deposition is used in a civil case?

 

I.              Testimony is taken under oath.

II.              A witness who gives a deposition will not be required to later testify in court.

III.             A litigant (plaintiff or defendant) cannot be required to give a deposition.

 

A.     I only.  B.  II only.  C.  III only.  D.  I and II only.  E.  I, II and III

A

Interrogatories and depositions are types of what?

 

A.     Complaints.

B.     Answers.

C.     Discovery.

D.    Garnishment.

E.     Service of process

C

Which of the following is a part of “discovery” in a civil trial?

A.     Expert witness testimony

B.     Answer

C.     Service of process

D.    Complaint

E.     Interrogatories

E

What must occur immediately after service of process?

 

A.     Compliant

B.     Answer

C.     Voir Dire

D.    Discovery

B

Mega Corp is being sued for violating U.S. clean air laws. If Mega Corp’s CEO directs its employees to destroy all environmental reports that will be damaging to Mega Corp so that the plaintiffs don’t get them, may the employees destroy the environmental reports?

 

A.     Yes, because they have not been asked for yet

B.     Yes, because they are confidential business documents

C.     No, this is spoliation of evidence

D.    No, a court would have to permit destruction

C

The term spoliation of evidence most closely relates to which of the following?

 

A.     A party to litigation refusing to turn over evidence

B.     A party to litigation cross examining a witness using evidence

C.     An attorney using a preemptory strike to stop evidence from being admitted

D.    A party to litigation destroying evidence to avoid turning it over

D

Baker is a lawyer in a civil case.  He would like to use some of his peremptory challenges to disqualify certain jurors.  However the Supreme Court has ruled that certain jurors cannot be disqualified via a peremptory challenge based on:

 

I.               Race

II.              National origin

III.             Age

IV.            Gender (sex)

 

A.     I only.  B.  I and II only.  C.  I, II and III only.  D.  I and III only.  E.   I and IV only

E

You are on trial for murdering your husband.  Your lawyer believes that the best jurors for your case are young women under the age of 30 who have never been married and who work full time. Which of the following is true regarding to the constitutionality of peremptory challenges?

 

A.     Your lawyer cannot use the peremptory challenges to strike potential jurors because of their gender or age but can strike jurors because of their marital status and employment status.

B.     Your lawyer cannot use the peremptory challenges to strike potential jurors because of their gender, age or marital status, but can strike jurors because of their employment status

C.     Your lawyer cannot use the peremptory challenges to strike potential jurors based on any of his proposed reasons because it violates the U.S. Constitution to discriminate against people based on their gender, age, marital status or employment status.

D.    Your lawyer cannot use the peremptory challenges to strike potential jurors because of their gender but can strike jurors because of their age, marital status, and employment status

E.     Your lawyer can use the peremptory challenges to strike potential jurors based on all of his proposed reasons because you have a right under the Constitution to a jury of your choice.

D

In a jury trial involving a car accident the lawyer for the plaintiff would like to dismiss some of the jurors who she feels would not be likely to render a verdict in favor of her client.  For which of the following reasons can the lawyer use her “peremptory challenges” to dismiss a juror?

 

I.               The juror did not graduate from high school.

II.              The juror is a college professor.

III.             The juror has come to court dressed in a shabby fashion.

IV.            The juror is female and her client is male

 

A.     I only.  B.  I and II only.  C.  I, II and III only.  D.  I, II, III,  IV.  E.  None of these.

C

Based upon precedents set by the U.S. Supreme Court, a potential juror cannot be dismissed via a peremptory challenge due to which of the following?

 

I.               Race

II.              Age

III.             Gender (sex)

IV.            Religion

 

A.     I only.  B.  I and II only.  C.  I and III only.  D.  I, II and III only.  E.  I, III and IV only.

C

During voir dire in a criminal trial, the lawyer for the defense would like to use her peremptory challenges to disqualify certain jurors.  Which of the following would constitute an illegal reason to disqualify a juror based on legal precedent set by the U.S. Supreme Court?

 

I.               The potential juror is a woman

II.              The potential juror is over 65 years old

III.             The potential juror has only a high school degree

IV.            The potential juror is a member of the NRA (national rifle association)

 

A.     I only.  B.  II only  C.  I and III only  D.  I and II only.  E.  I, II, III and IV

A

Tom and Will were litigants in a lawsuit in which the trial was heard by a jury in a U.S. District Court in Little Rock, Arkansas.  The jury decided the case in favor of Tom, and the judgment was signed by the trial court judge.  If Will wishes to appeal the case the appeal would go to which of the following:

 

A.     The Arkansas Supreme Court

B.     The U.S. Supreme Court

C.     The US Circuit Court of Appeals

D.    Another trial court judge in Little Rock.

E.     The Court of Appeals of Arkansas

C