BLAW EXAM 1 Courtney Gilbert UARK

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?

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

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

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

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

Walmart is the plaintiff

The principle of "federalism" is most closely associated with:

Legislature

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

Written decisions of British judges

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?

Vote in favor of the plaintiff

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."

I and III

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

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

What is not a power of the legislative branch?

Disqualify and remove justices of the individual states

What is a power of the legislative branch?

Levy taxes

Based upon Article 2 of the Constitution the Executive branch has what powers?

Lay taxes and enter into treated subject to approval by the Senate

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?

Deny the motion for dismissal because there is a state action

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?

The jury because this is a question of fact

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? Federal court in Arkansas, Federal court in Tennessee, State court in Arkansas, State court in Tennessee

All the above

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? Arkansas state court, Missouri state court, Texas state court, Arkansas federal court

Arkansas state court and Missouri state court

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?

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

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? State court in Texas, State court in Arkansas, Federal court in Texas.

State court in Texas and Federal court in Texas

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:

The US Circuit Court of Appeals

A federal trial court judge (U.S. District Court) in Little Rock has decided a case based upon an interpretation of a federal statute. The losing party has decided to appeal this decision. The court which will hear this appeal is the:

The US Circuit Court of Appeals

The U.S. Circuit Court of Appeals normally hears cases from which of the following?

U.S. District Courts

Many trial courts require that the parties engage in which of the following forms of ADR before a trial date can be scheduled?

Mediation