Deck 4: The American Legal System

Question 1

Felonies are less serious crimes,such as petty theft,disorderly conduct,and traffic offenses.

Answer 1

False
Explanation: In general,felonies are more serious crimes,such as murder,rape,and robbery.They are typically punishable by death or by imprisonment in a federal or state penitentiary for more than one year.

Question 2

Mini-trials are voluntary and nonbinding.

Answer 2

True
Explanation: In a mini-trial,the involved organizations present their version of a case to a panel of senior executives from each organization.Mini-trials are voluntary and nonbinding,but if an agreement is reached,the parties can formalize it by entering a settlement contract.

Question 3

Statutes are the supreme expressions of law at both the federal and state levels of government.

Answer 3

False
Explanation: Constitutions are the supreme expressions of law at both the federal and state levels of government.All other law is subordinate to federal constitutional law.

Question 4

Appellate opinions are generally published in volumes called reporters.

Question 5

Jurisdiction refers to a court's power and authority to hear a dispute.

Question 6

Alternative dispute resolution-particularly arbitration-is often the required dispute resolution mechanism for employee complaints such as discrimination or harassment.

Question 7

Small claims courts,for the most part,resolve relatively minor disputes.

Question 8

A mere interest in the problem at hand is sufficient to grant standing to sue.

Question 9

Generally,after a judgment is rendered,the appeals court tries a case again and hears new evidence.

Question 10

Supreme Court justices are appointed by the Senate.

Question 11

In a motion for a judgment on the pleadings,either party simply asks the judge to reach a decision based on the information in the pleadings.

Question 12

A reliable legal system is crucial in fostering and maintaining capitalism.

Question 13

The U.S.law is derived from three primary sources: constitutions,statutes,and regulations.

Question 14

An arbitrator's decision ordinarily is legally binding and final.

Question 15

Federal legislation cannot conflict with the U.S.Constitution.

Question 16

Federal question jurisdiction requires an amount in controversy exceeding $75,000.

Question 17

Substantive laws include the judicial system and the rules by which it operates.

Question 18

In the context of the civil trial process,a counterclaim is the defendant's assertion of a claim of action against a codefendant.

Question 19

In the context of alternative dispute resolution (ADR),arbitration is procedurally less formal than mediation but more formal than court adjudication.

Question 20

Civil law involves wrongs against the general welfare as formulated in specific criminal statutes.

Question 21

_____ is an element of crime that refers to evil intent.

A)Mens rea
B)Actus reus
C)Stare decisis
D)In rem action

Question 22

Identify the true statement about felonies.

A)They include crimes such as petty theft and disorderly conduct.
B)They are typically punishable by fine or by imprisonment for no more than one year.
C)They are special situations in which one levies war against the United States or gives aid and comfort to its enemies.
D)They are typically punishable by death or by imprisonment in a federal or state penitentiary for more than one year.

Question 23

In a civil trial process,a civil action begins when a plaintiff files his or her first pleading,which is labeled a _____.

A)motion to dismiss
B)motion for summary judgment
C)demurrer
D)complaint

Question 24

In the context of the civil trial process,a defendant may choose to respond to a complaint in favor of the plaintiff by filing a(n) _____,the essence of which is to argue that even if the plaintiff's recitation of the facts is accurate,a claim on which relief can be granted has not been stated.

A)complaint
B)demurrer
C)pleading
D)arraignment

Question 25

To receive a court's attention,a litigant must demonstrate _____.That is,the person must show that her or his interest in the outcome of the controversy is sufficiently direct and substantial as to justify the court's consideration.

A)standing to sue
B)voir dire
C)double jeopardy
D)in rem action

Question 26

_____,one of the primary sources of U.S.law,prescribe the general structure of governments and provide protection for individual rights.

A)Cases
B)Regulations
C)Statutes
D)Constitutions

Question 27

Which of the following statements is true about the doctrine of stare decisis?

A)It makes the law unstable and unpredictable.
B)It expects judges to mandatorily follow precedent while making decisions.
C)It offers the wisdom of the past and enhances efficiency.
D)It mandates that every case be resolved as though it were the first of its kind.

Question 28

Identify the category of law that deals with the relationship between government and the citizens.

A)Public law
B)Administrative law
C)Constitutional law
D)Private law

Question 29

For felony cases,after an indictment or information,the accused individual is brought before the court for _____,where the charges are read and a plea is entered.

A)arraignment
B)conviction
C)voir dire
D)demurrer

Question 30

In the context of case briefs,_____ refers to noting the central question or questions on which a case turns.

A)issue
B)holding
C)reasoning
D)procedure

Question 31

In the context of the federal court system,virtually all parties seeking Supreme Court review must petition the Court for a _____,which commands the lower court to forward the trial records to the Court.

A)writ of mandamus
B)writ of attachment
C)writ of elegit
D)writ of certiorari

Question 32

Which of the following statements accurately describes substantive laws?

A)They create,define,and regulate legal rights and obligations.
B)They include the judicial system and the rules by which it operates.
C)They encompass questions of where to hear a case,what evidence to admit,and which decisions can be appealed.
D)They embrace the systems and methods available to enforce the rights specified in procedural law.

Question 33

Which of the following statements is true about public law?

A)Contracts are a traditional business law topic in the public law category.
B)Constitutional,criminal,and administrative law fall in the public law category.
C)It regulates the legal relationship among individuals.
D)It treats agency as a chief business law topic.

Question 34

In the civil trial process,_____ are the documents by which each party sets his or her initial case before the court.

A)voir dires
B)demurrers
C)arraignments
D)pleadings

Question 35

Which of the following categories of law regulates the legal relationship among individuals?

A)Public law
B)Administrative law
C)Constitutional law
D)Private law

Question 36

In the civil trial process,in response to a complaint the defendant may file with the court an initial pleading,called a(n) _____,wherein the defendant enters a denial by setting out his or her version of the facts and law,or in which the defendant simply concedes the validity of the plaintiff's position.

A)jeopardy
B)demurrer
C)interrogatory
D)answer

Question 37

Which of the following forms of jurisdiction imposes bounds on the classes of cases a court may hear?

A)In personam jurisdiction
B)In rem jurisdiction
C)Subject-matter jurisdiction
D)Franchise jurisdiction

Question 38

According to Frederich von Hayek,law that secures _____ rights in modern society is a prerequisite to private enterprise.

A)personal
B)property
C)private
D)perpetual

Question 39

For felony cases,the criminal procedure begins with the prosecuting officials either filing an information or seeking a(n) _____ by bringing their charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.

A)arraignment
B)indictment
C)appeal
D)demurrer

Question 40

Which of the following best describes treason?

A)It is a rule under which a person cannot be prosecuted twice in the same tribunal for the same criminal offense.
B)It is a highly serious crime such as murder,rape,and robbery.
C)It is the special situation in which one levies war against the United States or gives aid and comfort to its enemies.
D)It is the method of bringing charges before a grand jury of citizens to determine whether the charges have sufficient merit to justify a trial.

Question 41

During a trial,after a plaintiff's attorney completes direct examination of a witness,the defense attorney may question that witness in a process labeled _____.

A)negotiation
B)cross-examination
C)mediation
D)arbitration

Question 42

Compare and contrast mediation with arbitration as alternative dispute resolution processes.

Question 43

What are the objectives of law in society?

Question 44

Which of the following statements is true about mini-trials?

A)The outcomes of mini-trials are obligatory and binding.
B)In a mini-trial,each organization involved in a dispute presents its version of the case to a panel of senior executives from each organization.
C)Mini-trials generally exclude neutral third parties in the resolution process.
D)The parties cannot legally formalize any agreement reached in a mini-trial and must appeal for resolution to the formal judicial system.

Question 45

Describe the components of discovery that may be used to aid the litigation process.

Question 46

Explain in brief the role and function of a small claims court.

Question 47

Which of the following is true of arbitration?

A)In arbitration a neutral third party is introduced into a resolution process,with the arbitrator as a facilitator,not a decision maker.
B)In arbitration a neutral third party is given the power to determine a binding resolution of a dispute.
C)An arbitrator is only allowed to aid the involved parties by opening up communication between them.
D)An arbitrator's proposed solution is in the nature of a compromise,not a determination of right and wrong.

Question 48

Which of the following is true of a motion for a summary judgment?

A)The party filing such a motion is claiming that no facts are in dispute.
B)In a hearing for such a motion,the court cannot hear evidence from affidavits,depositions,and so on.
C)In a hearing for such a motion,the judge must take the case to trial to make a ruling about the law.
D)The judge will reach a decision for this type of motion only if the plaintiff's claim clearly has a foundation in law.

Question 49

Which of the following is true of a mini-trial?

A)It is presided over by a third party who may be expected to issue a nonbinding opinion as to the likely result were the case to be litigated.
B)It is also labeled "rent-a-judge."
C)It is mandatory and binding.
D)It is the preferred dispute resolution mechanism for employee complaints such as discrimination or harassment.

Question 50

Which of the following statements is true about alternative dispute resolution (ADR)?

A)ADR is more formal and more adversarial than the judicial process.
B)ADR costs more and is more time consuming than litigation.
C)The parties in an ADR are always encouraged to keep the dispute public.
D)The parties in an ADR can choose when and where the dispute will be heard.

Question 51

In a jury trial,the jurors in a panel are questioned by the judge or by the attorneys to determine if any individual is prejudiced about the case such that he or she could not reach an objective decision on the merits.This questioning process is called _____.

A)interrogatory
B)mens rea
C)voir dire
D)mini-trial

Question 52

How can a student use case briefs to master the law? Explain.

Question 53

Which of the following is true of private trials?

A)Private trials are expensive and time consuming.
B)In a private trial,the responsibility of hiring a retired judge and jurors is taken by a third party such as a mediation firm.
C)Private trials are more formal and more adversarial than the judicial process.
D)In a private trial,a neutral third party is given the power to determine a binding resolution of the dispute.

Question 54

Which of the following is true about mediation?

A)The involved parties generally devise their own solution,with the mediator as a facilitator,not a decision maker.
B)The mediator's decision is legally binding,although in some cases,such as labor disputes,it may be appealed to a court.
C)The involved parties present proofs and presentations,and hence it is procedurally more formal than arbitration.
D)The mediator's proposed solution is a determination of right or wrong rather than a compromise.

Question 55

Distinguish between civil law and criminal law.

Question 56

Discuss the circumstances under which a state court will have in personam jurisdiction over a person.

Question 57

In the context of law and equity,explain the evolution of courts of equity.