Question 1

Which category of civil disputes deals with wrongful acts, whether intentional or accidental, from which injury occurs to another?&#10;A)Contract law&#10;B)Tort law&#10;C)Property law&#10;D)Criminal law

Accepted Answer

Tort law deals with wrongful acts, whether intentional or accidental, that cause injury to another person, their property, or reputation. It encompasses a wide range of actions including negligence, defamation, assault, and battery.

Question 2

In what case did the U.S. Supreme Court hold that taxpayers have standing to prevent the unconstitutional use of funds?&#10;A)Blakely v. Washington (2004)&#10;B)Flast v. Cohen (1968)&#10;C)District of Columbia v. Heller (2008)&#10;D)Brown v. Board of Education (1954)

Accepted Answer

Flast v. Cohen (1968) established that taxpayers have standing to sue the government to prevent the unconstitutional use of federal funds, specifically in cases where the challenge is to exercises of congressional power under the Taxing and Spending Clause of the U.S. Constitution.

Question 3

Which of the following is not considered a benefit of class actions compared to individual suits?&#10;A)lower overall litigation costs&#10;B)opportunity for plaintiffs to seek relief for small amounts of money&#10;C)all members of the class have an equal amount of control over the case&#10;D)greater judicial efficiency

Accepted Answer

Class actions do not provide all members with an equal amount of control over the case. Typically, a few class representatives and their attorneys have the most influence on the proceedings, while the larger class has very limited control.

Question 4

Which of the following best defines a class action lawsuit?&#10;A)A lawsuit where a plaintiffs represents the interests of many people who are in the same situation&#10;B)A lawsuit in which an interest group selects the ideal litigant to test or challenge the constitutionality or validity of a particular policy&#10;C)A lawsuit that seeks to establish a plaintiffs standing on in a case&#10;D)A lawsuit filed by a noneconomic group seeking material gain for its members

Accepted Answer

A class action lawsuit is defined as a legal action where a plaintiff represents a group of people who are similarly affected by the same issue, allowing them to sue or be sued as a collective body.

Question 5

Law professor Marc Galanter categorizes those who use the courts to make or defend claims as either __________ or __________.&#10;A)rich (or) poor&#10;B)Republicans (or) Democrats&#10;C)men (or) women&#10;D)one-shotters (or) repeat players

Accepted Answer

Law professor Marc Galanter categorizes those who use the courts to make or defend claims as either "one-shotters" or "repeat players." This distinction is based on the frequency with which these parties engage in litigation, where "one-shotters" are those who rarely engage in litigation and "repeat players" are those who are involved in litigation frequently, often with substantial resources at their disposal.

Question 6

When a defendant has a cause of action against the plaintiff that arises out of the same set of facts that gave rise to the plaintiff's claim the defendant can raise a ____________.&#10;A)Summons&#10;B)Answer&#10;C)Counterclaim&#10;D)Discovery request

Accepted Answer

A counterclaim is a claim made by the defendant against the plaintiff in a lawsuit, arising out of the same set of facts as the plaintiff's claim. It allows the defendant to seek relief from the plaintiff, essentially making the defendant a counter-plaintiff in the same litigation.

Question 7

Which of the following is not a form of Alternative Dispute Resolution?&#10;A)Negotiation&#10;B)Mediation&#10;C)Arbitration&#10;D)Calculation

Accepted Answer

Negotiation, Mediation, and Arbitration are recognized forms of Alternative Dispute Resolution (ADR), which are used to resolve disputes outside of court. Calculation is not considered a form of ADR.

Question 8

When one party attributes an injury as the fault of another party they are engaged in ___________, the second stage in the emergence and transformation of a civil dispute.&#10;A)Claiming&#10;B)Naming&#10;C)Blaming&#10;D)Shaming

Accepted Answer

Blaming is the second stage in the emergence and transformation of a civil dispute, where one party attributes the fault or cause of an injury to another party.

Question 9

Those who advocate for tort reform are advocating for what?&#10;A)changes in the civil justice system that would increase the amount of damages one could seek, primarily punitive damages&#10;B)the establishment of compensation funds as an across the board replacement to civil litigation&#10;C)changes in the civil justice system that would decrease the amount of litigation and the amount of damages one could seek&#10;D)a requirement that civil cases be decided by a unanimous 12-person jury

Accepted Answer

Tort reform advocates typically push for changes in the civil justice system aimed at reducing litigation and limiting the amount of damages plaintiffs can seek, especially in personal injury lawsuits.

Deck 6: Civil Law