1. A trial de novo is a trial with new discovery, testimony, and evidence.
2. If th Delaware Court of Common Pleas (a general trail court and court of record) makes a common law decision, that decision becomes precedent for all Delaware courts.
3. Primary methods of alternative dispute resolution include litigation, mediation and arbitration.
4. Delivering the complaint and attached summons to the defendant establishes in personam judgment for the court,
5. Sandra sued her employer, Cape Inc., claiming that she was wrongfully terminated from her is a criminal lawsuit.
6. The jury decides the law and the judge decides the facts.
7. The categorical imperative approach to ethical decision making is to ask the following question “which alternative causes the greatest good (or least harm) to the most people?”
8. A summons is a paper ordering a defendant to answer a complaint within a certain time.
9. According to the concept of categorical imperative, you should not do something unless you willing for everyone else to also do it.
10. In order for a federal court to have jurisdiction, there must be a federal question involved a $75,000 in dispute.
11. A prospective juror was excused from serving after being questioned by the plaintiff’s attorney reaon was given for the rejection. This would be accomplished by the use of a peremptory..
12. If Professor Katz hits a student during class and the student sues him, each student who witness the incident may be required to answer interrogatories during discovery.
13. Summary judgement is appropriate when there are no essential facts in dispute.
14. Mediation is popular because the mediator can make a final decision, make an award to this and get the dispute resolved very quickly and without a lot of publicity.
15. In a civil case, the plaintiff must prove the case beyond a reasonable doubt.
16. A court of special jurisdiction hears fewer types of cases than a court of general jurisdiction.
17. Additurs and remittiturs never occur in criminal trials.
18. Common law is a body of law that all states follow to create consistency across the Unites States.
19. A challenge for cause is called a peremptory challenge.
20. An appeals court can rule that a trial court’s ultimate ruling was correct even if the trial court made some minor errors during the trial.
Multiple Choice Questions
21. Kathy is a potential juror in a kidnapping case. Upon questioning, the defense attorney discovers that she has been previously kidnapped and that the kidnapper has been tried and let go. The defense attorney wants to have her excused and the judge agrees that Kathy may be baised. To have her excused the attorney must:
a. File a motion to dismiss
b. Use a peremptory challenge
c. Use a challenge for cause
d. File a challenge based on preemption
22. Substantive law defines:
a. Processes for settling disputes
b. The rights of people
c. The obligations of government
d. Duties owed between individuals
23. The Utilitarian approach to decision making is to :
a. Ask the following question: which alternative causes the greatest good (or least harm) to the most people.
b. Do unto others as you would have them do unto you
c. Ignore ethics
d. Utilize important books or follow the teachings of important people when making decisions.
24. Rights and duties between citizens and the government are considered:
a. Civil law
b. Public law
c. Private law
d. Common law
25. After the plaintiff has presented her case, the defendant may be granted a :
a. Directed verdict
b. Summary judgment
c. Judgment n.o.v
d. Motion to dismiss
26. If the Federal Housing Authority (FHA), an administrative agency, requires that all houses in United States must have smoke detectors. The FHA has created a :
d. Common law
27. After answering a summons and complaint, Mike received a set of written questions from the plaintiff’s attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called:
a. A request for admission
b. A request for the production of documents
c. A deposition
28. 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 of parties and witnesses
d. Written questions, answered in writing asked only of parties
29. Fred has sued Wilma demanding that she return his one of a kind rock collection that she borrowed but never returned. If the judge finds for Fred and requires Wilma to return the collection, judge has applied:
a. Public law
b. Private law
c. Common law
d. Equity law
30. In the scenario from the book, if Sheldon Baskin decided to renew the section 8 housing so that the elderly, disabled and low Income tenants would not be evicted, he and the corporation represents would be exhibiting:
a. Moral minimum ethics
b. Maximizing profit ethics
c. Utilitarian ethics
d. Absolute ethics
31. The believers and followers of fundamentalism:
a. Refer to books and outside sources for guidance
b. Believe that all are equal whether judge or judged
c. Believe that everything is right or wrong with no compromise
d. Believe that the good of the majority outweighs that of the minority.
32. Mike has sued Kathy for defamation. After a long involved trial, the jury finds in favor of the amount of $69,000.00. If the judge agrees that Mike should win but thinks that the jury should have awarded him enough money:
a. The judge may not change the amount but may declare a new trail because the jury may
b. The judge may raise the amount by utilizing a judgment non obstante verdict (judgment)
c. The judge may raise the amount by utilizing a remittitur
d. The judge may raise the amount by utilizing an additur
33. A motion for a court to issue a ruling declaring that no trial is necessary because it is an essential facts in dispute is called a:
a. Motion for a summary judgment
b. Motion for a directed verdict
c. Motion for a judgment non obstante verdict (j.n.o.v)
d. Motion for to dismiss
34. In a civil case, the plaintiff must prove the case”
a. By a preponderance of the evidence
b. By clear and convincing evidence
c. Beyond a reasonable doubt
d. None of the above; the burden of proof is on the defendant.
35. Kathy is suing Mike for a debt owed. If the statute of limitations has run (expired) if he files a:
a. Motion for a summary judgment
b. Motion for a judgment non obstante verdict (j.n.o.v)
c. Motion for a judgment directed verdict
d. Motion to dismiss
36. The concept where two laws overlap or conflict and the higher law will overrule this is called:
b. Stare decisis
c. Common law
37. An inmate in a state prison claims his Unites Stated constitutional rights prohibited unusual punishment are being violated by the state correctional facility. This case:
a. May not be decided by a federal court since it involves a state facility
b. Must be decided by the state court where the inmate established residency before to prison
c. Is a federal question over which the federal courts have jurisdiction
d. Cannot be heard, as prisoners lose the right to sue
38. The Golden Rule is:
a. She who has the most gold, rules
b. Do unto others as you would have then do unto you
c. The alternative that creates the most good for the most people should be chosen
d. Riches come to those who behave ethically
39. A civil case generally proceeds as follows:
a. Answer, complaint, discovery, trial, verdict
b. Complaint, answer, trial, discovery, verdict
c. Complaint, answer, discovery, trail, verdict
d. Discovery, complaint, answer, trial, verdict
40. The petit jury is chosen from the:
c. Grand jury
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