Competency 1 Pretest

Donald, a resident of Louisiana, is robbed in Oklahoma County, Oklahoma. The robber, a resident of the state of Texas, is soon apprehended. Which of the following is the proper venue to hear this case?

A tie decision by the U.S. Supreme Court sets a precedent for later cases.

Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute.

Which of the following is true of a plurality decision of the Supreme Court?

What led to the creation of the Chancery Courts?

State courts of one state are not required to follow the legal precedent established by the courts of another state.

When a group of plaintiffs with common claims collectively bring a lawsuit against a defendant, it is known as consolidation.

A reply is a document filed by the original plaintiff in response to the defendant's cross-complaint.

________ refers to a court's jurisdiction over the parties to a lawsuit.

A pretrial hearing is also known as a settlement conference.

The Law and Economics School of jurisprudential thought believes that promoting market efficiency should be the central concern of legal decision making.

What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown?

In which of the following cases does a class action occur?

An ethically wrong state or condition can still be legal.

The Analytical School of jurisprudence lays emphasis on how the result of a case is reached rather than the logic of the result itself.

A defendant can answer a complaint and file a cross-complaint at the same time.

The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as the pleadings.

In the civil case Jane Doe v. John Deer, the judge learns that the jury was swayed by the fact that Jane Doe was a woman. The jury entered its verdict in her favor. Owing to this, the judge reduces the damages awarded to Jane by $20,000. This act is called ________.

Treaties are considered to be part of the supreme law of the United States of America.

Law is described as ________.

Which of the following moral theories represents the dictum "I will keep the rules if everyone else does"?

After Patty files complaint with the court, the court will then issue a(n) ________, which notifies and directs the defendant to appear in court.

Motions for summary judgment are supported by evidence outside of the pleadings.

From which of the following theories of morality is Rawls's social justice theory fundamentally derived?

A plaintiff who believes that he or she has been injured by the defendant can file a cross-complaint against the defendant.

Which of the following courts are considered as the federal court system's intermediate appellate courts?

In which of the following methods of alternative dispute resolution must parties to a case employ a neutral third party to settle their dispute?

What is jury deliberation?

Stare decisis is the doctrine of ________.

The Securities and Exchange Commission (SEC), created by the Congress to enforce federal securities laws, is an example of a(n) ________.

What was the key reason for the creation of law courts during the early development of the English common law?

Under the False Claims Act, a whistleblower can be awarded up to 25 percent of the amount recovered on behalf of the federal government, even if the informer has been a co-conspirator in perpetrating the fraud.

Which of the following motions asserts that based on supporting evidence outside the pleadings, there are no factual disputes to be decided by the jury, and the judge can apply the proper law to the undisputed facts and decide the case without a jury?

Within a state, the state constitution precedes the U.S. Constitution.

The False Claims Act permits private parties to sue the government on behalf of a corporation.

Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case?

________ is the process whereby the judge and attorneys ask prospective jurors questions to determine whether they would be biased in their decisions.

Which of the following statements best represents the distinction between binding and nonbinding arbitration?

A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere.

Which of the following statements is true of the U.S. Supreme Court?

After the defendant's attorney has finished calling witnesses, the plaintiff's attorney can call witnesses and put forth evidence to disprove the defendant's case. This is called a ________.

Which of the following is true of electronic mediation or e-mediation?

The U.S. government passed draft laws during the Vietnam War decreeing that men of a certain age had to serve in the military if they met specific physical requirements. Which of the following schools of jurisprudential thought does such draft laws adhere to the most?

A deposition is oral testimony given by a party or witness during the trial.

Which school of jurisprudential thought is reflected in documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter?

Voir dire is the process whereby the jurors ask prospective judges questions to determine whether they would be biased in their decisions.

An answer is the defendant's written response to a plaintiff's complaint that is filed with the court and served on the plaintiff.

Which of the following is a function of the state supreme courts?

What is the difference between motion for directed verdict and motion for judgment n.o.v.?

What are the differences/similarities between mediation and arbitration?