Example problems

The same act cannot cause a criminal and civil wrong at the same time.

True

False

False

A court may hear a case if it has jurisdiction over both the subject matter of the dispute and the parties in the case.
A) True
B) False

A) True

Federal diversity jurisdiction must be shown to bring an appeal in a state's highest court.
a. True
b. False

b. False

Not all courts have the authority to hear all cases.
a. True
b. False

a. True

Which of the following does not occur in appellate courts?
a. Presentation of testimony by witnesses and new evidence.
b. Oral arguments by each side's attorneys.
c. Consideration of briefs prepared by each side's attorneys that outline the law and applicable precedent pertinent to the case.
d. Review of lower court transcripts and rulings.

a. Presentation of testimony by witnesses and new evidence.

The principal federal trial court is the
a. U.S. district court.	
b.  U.S. court of appeals.
c.  U.S. circuit court.	
d.  U.S. Supreme Court.

a. U.S. district court.

7.Counterclaims are filed by the plaintiff in civil matters.
a. True
b. False

b. False

8.Judges must be present during depositions to resolve disputes and ensure fairness.
a. True
b. False

b. False

9. At trial, the judge decides the facts and the jury decides the law.
a. True
b. False

b. False

10. Scoop Masters Inc. has been sued by Fab Flavors Corp. for stealing Fab Flavors' patented process for making ice cream. Fab Flavors' attorney speaks with Fab Flavors' president and creates a written memorandum of their discussion.
During discovery, Fab Flavors must provide the written memorandum to Scoop Masters.
a. True
b. False

b. False

11. Fredrich is a student in your class and is frequently disruptive. Your professor has asked him to stop talking four times and to stop texting three times just in today's class. Finally, your professor asks him to leave, and when Fredrich says, "Make me," your professor loses it and knocks him out with a right cross to the jaw.Fredrich is now suing your professor for civil battery for money. Both sides believe that you can provide valuable information for their sides. Which discovery method should they use to get your information?
a. A deposition.
b. An interrogatory.
c. A request that you write down your recollection so that they can file for a request for production to obtain your statement.
d. A request that you make an admission.

a. A deposition.

12. Which of the following statements is true about jury trials?
a. A juror may be disqualified for any reason.
b. A potential juror may be removed if he or she demonstrates an obvious bias against one of the litigants.
c. Attorneys charge the jury by giving them instructions on how to work through the evidence and come to a factual decision in the case.
d. The judge is present to assist the jury in deliberations.

b. A potential juror may be removed if he or she demonstrates an obvious bias against one of the litigants.

13. A Complaint will contain each of the following except
a. a statement of the plaintiff's version of the facts of the case.
b. a statement of the damages suffered.
c. a statement of why the plaintiff believes the defendant should be sued in the county where the case is filed.
d. a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.

d. a statement of the evidence that the plaintiff will produce and a list of potential witnesses to be called.

14. Depositions are
a. oral questions, answered orally, asked of parties and witnesses.
b. oral questions answered orally, asked only of parties.
c. written questions, answered in writing, asked about parties and witnesses.
d. written questions, answered in writing, asked only of parties.

a. oral questions, answered orally, asked of parties and witnesses.

15. Myron has sued Kalinka for injuries received in a traffic accident. If Kalinka fails to respond to the complaint and summons within the proper time limit,
a. Myron wins based on a summary judgment.
b. Myron wins based on a default judgment.
c. Myron wins based on a judgment as a matter of law.
d. Nothing happens—Kalinka is not required to respond to a complaint and summons.

b. Myron wins based on a default judgment.

Question 16
 
If a jury is deadlocked (sometimes called a “hung jury,” where they do not find the defendant guilty or not guilty) at the end of a trial, 
the prosecutor may not bring charges to retry the defendant due to the defendant's double jeopardy protection under the Constitution.

True

False

False

17.	Linda files a suit against Kate.  Kate denies Linda’s statements in the Complaint.  Kate’s denial is
	a.	an affirmative defense.
	b.	an answer.
	c.	a crossclaim.
	d.	a counterclaim.

b.	an answer.

18.	The process whereby the facts and evidence of a case are revealed to the 
	lawyers is:
	a.	depositions
	b.	motions for summary judgment
	c.	pleadings
	d.	discovery

d.	discovery

19.	Pat loses a suit against Chuck in front of a jury.  During jury selection, one of the eventual jurors said he was not employed by Pat or Chuck
 but he suffers from pain every day just like Chuck’s pain.  In retrospect, the attorney for Pat should have

a.	asked for a mistrial.
b.	asked the Judge to remove that potential juror for cause.
c.	made a motion suggesting the other side was striking jurors solely on the basis of race.
d.	used one of his or her strikes to have that potential juror excused.

d.	used one of his or her strikes to have that potential juror excused.

20.	Where the defendant lives or works can affect where and how service of process occurs.

True
False

True

21.	A lawyer often tries to compare his present case to one where a previous court 	ruled on a similar issue of law the way he wants the court to rule now. 

True
False

True

22.	Hearsay evidence can mean testimony about something said or heard by someone not present in the courtroom.

True
False

True

23.	If a defendant fails to file an answer within a certain time he will have admitted the facts in the Complaint.

True
False

True

24.	On appeal, the judges of the appeals court must not substitute their ideas for issues 	that the jury decided.

True
False

True

25.	One reason for diversity jurisdiction is the belief state bias could affect outcomes.

True
False

True

26.	A defendant can be notified of a lawsuit against her filed in her local court just by putting a notice in her local newspaper; service by sheriff is unnecessary.

True
False

False

27.	One way to try to resolve cases through settlement is called mediation.

True
False

True

28.	Case law that results from appellate court opinions is part of the common law system where precedents are followed by lower courts.

True
False

True

29.	The document that every defendant files in response to first being sued is the counterclaim.

True
False

False

30.	Where the defendant lives does not affect where a case can be filed; it’s completely up to the plaintiff.

True
False

False

31.	If a defendant’s liability to a plaintiff involves another entity not a party to the plaintiff’s suit that owes the defendant a duty, the defendant can sometimes add them to the suit via a crossclaim. 

True
False

False

32.	Every state has the same rules of court procedure, so a lawyer in one state can properly advise a client regardless of where the client lives and the case is.  

True
False

False

33.	The time period during which a person can sue another person for something is ended by:
		a.	jury selection
		b.	discovery 
		c.	litigation
		d.	the statute of limitations

d.	the statute of limitations

34.	Law that comes from legislatures is called:

		a.	administrative law
		b.	common law
		c.	constitutional law
		d.	statutory law

d.	statutory law

35.	"Personal injury law" is, by lawyers, called

		a.	antitrust law
		b.	tort law
		c.	labor law
		d.	unfair labor practices law

b.	tort law

36.	Binding decisions determining the outcome of a dispute are NOT obtained through:

		a.	mediation
		b.	arbitration
		c.	bench trial by the judge
		d.	jury trial

a.	mediation

37.	One area where arbitration is used frequently is in the resolution of disputes in

		a.	personal injury cases
		b.	contract disputes
		c. 	subjects requiring specialized knowledge, like in professional sports in determining appropriate salaries based on skill level
		d.	bankruptcy cases

c. 	subjects requiring specialized knowledge, like in professional sports in determining appropriate salaries based on skill level

Question 38 
Franz asks Joe if he will paint his office building for $1,000. Joe says he will do the job for $2,000. Joe's response is 
Question 38 options:

an acceptance

a rejection

a counteroffer

a mirror image offer 

a counteroffer

Question 39 
An offer may be terminated in all but which of the following ways?
Question 39 options:

revocation

acceptance

rejection

counteroffer

acceptance

Question 40 
Negligence may result from either an intentional or unintentional act. 
Question 40 options:

True

False

False

Question 41 
Only written agreements are enforceable as contracts by courts. 
Question 41 options:

True

False

False

Question 42 
The mailbox rule is a principle stating that the offeree's response operates as an acceptance only if it is the precise mirror image of the offer. 
Question 42 options:

True

False

False

Question 43 
Mary is 16 years old and promises her mother that she will not smoke cigarettes until she is 18, the age under state law for legally purchasing and possessing tobacco. In exchange, her mother gives her $1,000. There is sufficient consideration for a valid contract. 
Question 43 options:

True




False

False

Question 44 
Damages intended to punish a wrongdoer are called
Question 44 options:

nominal damages

consequential damages

punitive damages

compensatory damages

punitive damages

Question 45 
The assumption of risk is a defense to 
Question 45 options:

conversion

negligence

defamation

battery

negligence

Question 46 
If the offer specifies no time limit to which to accept
Question 46 options:

the offeree has a reasonable amount of time to accept

the offeree has 30 days to accept

the offeree has an unlimited amount of time to accept as long as a revocation has not been made

the offeree has 10 days to accept 

the offeree has a reasonable amount of time to accept

Question 47 
Courts enforce fraudulent misrepresentation for intentional lies but will not enforce fraudulent misrepresentation for negligent ones.
Question 47 options:

True

False

False

Question 48 
Promissory estoppel is a theory used to impose an obligation in the absence of an actual agreement. 
Question 48 options:

True

False

True

Question 49 
The civil counterpart to theft is
Question 49 options:

conversion

invasion of privacy 

disparagement 

battery

conversion

Question 50 
The statute of frauds is always applied when a real estate contract for the sale of land is involved. 
Question 50 options:

True


False

True